&cropxunits=223&cropyunits=70&width=235 "DeVille Apartments & Builders Inc.")
TERMS OF USE POLICY
DeVille Apartments & Builders Inc. Terms of Use Policy: Welcome to the DeVille Apartments & Builders Inc. Website ("Site"). It is owned, operated by and licensed to DeVille Apartments & Builders Inc., and or its subsidiaries, which all shall hereinafter be referred to as "DeVille". By using or accessing any area of this Site, users ("User" or "Users") agree to be legally bound and abide by the terms of this Agreement set forth below. DeVille may refuse its services to anyone at any time, at its sole discretion. DeVille offers its services in the respective jurisdictions where it is qualified to do so. The information at this Site is not targeted at persons or entities residing or doing business in any particular country and is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. This site is for informational and entertainment purposes only. Not all products or services described here are available everywhere. Nothing here is an offer to sell or solicitation of an offer to buy any product or services in any jurisdiction where such offer or sale is contrary to local law or regulation. Persons accessing these pages should inform themselves about and observe any such laws or regulations and consult a professional adviser if in doubt as to the meaning of any part of the content of this Site. User agrees to access and use the Site subject to and in accordance with all applicable federal, state and local laws, regulations and treaties.
2. TRADEMARKS
Nothing contained on this Web Site or elsewhere should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any trademark or service mark without the express written permission of the owner of such marks. DeVille will aggressively enforce its intellectual property rights to the fullest extent of the law. DeVille's marks may not be used in connection with any product or service that is not DeVille's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits DeVille. Trademarks, company names and logos appearing on this Site that are not the property of DeVille are the property of their respective owners.
3. PROPRIETARY RIGHTS
User acknowledges that the DeVille Site is the copyrighted property of DeVille, and User further acknowledges that the Site may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, files, and other material (collectively "Content") that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and DeVille owns all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Except as permitted elsewhere in this Agreement or by the fair use privilege under applicable copyright laws or treaties, if any, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement applicable to such software. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
The DeVille Site is provided FOR THE CONVENIENCE OF ITS USERS on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, security or accuracy. Neither DeVille, nor its affiliates, directors, officers, employees or other representatives, warrant that the DeVille Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the DeVille Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the DeVille Site. No oral advice or written information given by DeVille or its affiliates, directors, officers, employees, or other representatives, shall create a warranty; nor shall User rely on any such information or advice. Neither DeVille nor any other party involved in creating, producing, or distributing the DeVille Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the DeVille Site, including but not limited to reliance by a User on any information obtained from the DeVille Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DeVille's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site.
5. DEVILLE'S RIGHTS
DeVille may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the DeVille Site; or (iii) to protect the rights or property of individual Users, DeVille or its affiliates, directors, officers, employees, or other representatives. DeVille is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly, defamatory, damaging, illegal, or offensive Content, DeVille may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the DeVille Site. DeVille reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, DeVille, or its affiliates, directors, officers, employees or other representatives, persons in the jurisdictions that may access the DeVille Site, or any rights of DeVille or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither DeVille, nor its affiliates, directors, officers, employees, or other representatives can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither DeVille, nor any of its affiliates, directors, officers, employees, or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or Content on the DeVille Site.
6. ONLINE CONDUCT
Any conduct by a User that in DeVille's sole discretion restricts or inhibits any other User from using or enjoying the DeVille Site will not be permitted. User agrees to use the DeVille Site only for lawful purposes. User is prohibited from posting on or transmitting through the DeVille Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Users may not use any device, software or routine to interfere or attempt to interfere with the proper working of the DeVille Site or any account on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to any third parties or use your password for any unauthorized purpose. Users may not use the DeVille Site to send unsolicited advertising, promotional material, or other forms of solicitation to other Users, except in those specified areas, if any, that are designated for such a purpose. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to this website if you breach this Agreement, if we are unable to verify or authenticate any information you provide to us, or if we believe that your conduct violates applicable law or is harmful to the interests of DeVille, its affiliates, or other Users. Users are responsible for complying with all applicable laws relevant to their conduct at and usage of this Site. As a condition
of your use of the Site, you agree that you will not: (i) use the Site to infringe the intellectual property rights of others in any way; (ii) use the Site, or attempt to penetrate, modify, or manipulate the Site or services offered through or at the Site or any of the hardware or software thereof in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any other User of the Site, or to modify, damage, or erase any information contained at the Site or any other User connected to the Site; or (iii) reverse engineer any portion of the Site.
7.CONFIDENTIALITY OF USER COMMUNICATIONS
DeVille reserves the right to cooperate fully with state, local, federal, and international officials in any investigation relating to any Content (including personal or private electronic communication transmitted on the DeVille Site) or purported unlawful activities of any User.
8.INTERNATIONAL PRIVACY COMMITMENT
DeVille's User Agreement and Privacy Policy are currently applicable to our United States customers and visitors to our Site. As websites for international audiences are developed, they will maintain their own rules and practices, to be consistent with this statement, which they may modify as needed for particular products and services, or to conform to local laws or customs around the world. If you have any questions about the DeVille Privacy Policy or opt out process, you may send an email to [email protected].
9.POSTINGS
DeVille does not want to receive confidential or proprietary information from you through this Site or otherwise. Postings by a User on any message board or in any chat room will not be protected as confidential and DeVille may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries, affiliates, or others for any purpose whatsoever and as deemed appropriate by DeVille. DeVille is under no obligation to review any messages, information, or content ("Postings") posted on the Site by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, DeVille may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain an unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; advertisements or solicitations of any kind; messages posted by Users impersonating others; personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; messages by non-spokesperson employees of DeVille purporting to speak on behalf of DeVille; messages that offer unauthorized downloads of any copyrighted or private information; multiple messages placed within individual folders by the same User restating the same point; and chain letters of any kind.
10.TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing DeVille with any personal or proprietary User information through the Site, including proprietary credit card/customer account data, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with DeVille's business practices.
11.USE OF LINKS
Should the User leave this Site via a link contained herein, and view content that is not provided by DeVille, the User does so at his or her own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by DeVille. DeVille is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. DeVille makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Furthermore, if you choose to take advantage of an offer from a company other than DeVille and you become their customer by contacting that company's website, your actions on that site and the treatment of your information will be subject to the terms and conditions and privacy policy application to that site.
12.TERMINATION OF USAGE
DeVille may terminate User access, or suspend any User's access to all or part of the DeVille Site,without notice, for any conduct that DeVille, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, DeVille, or its affiliates, directors,officers, employees or other representatives.13.TERMINATION POLICY FOR VIOLATION OF COPYRIGHTUsers of this Site are responsible for compliance with all copyright laws pertaining to information that they place on the internet using DeVille's facilities. Use of DeVille's online services will be terminated for anyone who violates the copyright provisions of the United States Code on the second notice of violation by DeVille. DeVille has designated the following agent (the "Designated Agent") to receive notification of possible violations of copyrights:
DeVille Apartments & Builders Inc
4811 Whipple Ave NW
Suite 101
Canton, Ohio 44718
Tel: 330-492-8650
Fax: 330-492-8671
Email: [email protected]
DeVille will expeditiously remove and/or block access to material posted by a User upon notice of infringement of copyright provided to the Designated Agent by the copyright owner. The individual responsible for posting material suspected of copyright infringement will be promptly notified by the Designated Agent and will be provided with the following information:-Name and address of the complaining party;-Sufficient information to identify the copyrighted work or works; and-A statement from the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.If the individual receiving notice of improper use believes that the material in question is being used lawfully, a "Counter Notice" should be provided to the Designated Agent, and DeVille will restore access within 14 days of the Counter Notice, unless the matter has been referred to a court. The Counter Notice must contain the following:-The individual's name, address, phone number and signature;-Identification of the material and its location before removal;-A statement, under penalty of perjury, that the material was removed by mistake or misidentification on the part of the complainant; and-Consent to local Federal court jurisdiction.DeVille may be obligated to provide names of individuals using its online services upon the order of a federal court. DeVille will safeguard the privacy of a User's identity on the internet to the full extent of the law. Questions about compliance shall be addressed to the Designated Agent listed above.
14. MISCELLANEOUS
This Agreement shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or other Users does not waive our right to act with respect to subsequent or similar breaches.
15.NO AGENCY
Users and DeVille are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16.ARBITRATION
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ohio and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or DeVille may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio necessary to protect the rights or property of you or DeVille pending the completion of the arbitration.
17.CHANGES TO AGREEMENT
DeVille may amend this Agreement or any other notices, terms, policies, and conditions on this Site at any time by updating this posting. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because all Users are bound by them. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of this Site. No delay or failure to take action under such terms and conditions will constitute a waiver by DeVille, unless expressly waived in writing by a duly authorized officer of DeVille.
18.ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and DeVille regarding your relationship with DeVille with regard to your use of this site and supersedes any prior statements or representations.
2. TRADEMARKS
Nothing contained on this Web Site or elsewhere should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any trademark or service mark without the express written permission of the owner of such marks. DeVille will aggressively enforce its intellectual property rights to the fullest extent of the law. DeVille's marks may not be used in connection with any product or service that is not DeVille's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits DeVille. Trademarks, company names and logos appearing on this Site that are not the property of DeVille are the property of their respective owners.
3. PROPRIETARY RIGHTS
User acknowledges that the DeVille Site is the copyrighted property of DeVille, and User further acknowledges that the Site may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, files, and other material (collectively "Content") that are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and DeVille owns all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Except as permitted elsewhere in this Agreement or by the fair use privilege under applicable copyright laws or treaties, if any, User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement applicable to such software. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
The DeVille Site is provided FOR THE CONVENIENCE OF ITS USERS on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, security or accuracy. Neither DeVille, nor its affiliates, directors, officers, employees or other representatives, warrant that the DeVille Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the DeVille Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the DeVille Site. No oral advice or written information given by DeVille or its affiliates, directors, officers, employees, or other representatives, shall create a warranty; nor shall User rely on any such information or advice. Neither DeVille nor any other party involved in creating, producing, or distributing the DeVille Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the DeVille Site, including but not limited to reliance by a User on any information obtained from the DeVille Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to DeVille's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site.
5. DEVILLE'S RIGHTS
DeVille may elect to electronically monitor the User submit areas and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the DeVille Site; or (iii) to protect the rights or property of individual Users, DeVille or its affiliates, directors, officers, employees, or other representatives. DeVille is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly, defamatory, damaging, illegal, or offensive Content, DeVille may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the DeVille Site. DeVille reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, DeVille, or its affiliates, directors, officers, employees or other representatives, persons in the jurisdictions that may access the DeVille Site, or any rights of DeVille or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither DeVille, nor its affiliates, directors, officers, employees, or other representatives can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither DeVille, nor any of its affiliates, directors, officers, employees, or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or Content on the DeVille Site.
6. ONLINE CONDUCT
Any conduct by a User that in DeVille's sole discretion restricts or inhibits any other User from using or enjoying the DeVille Site will not be permitted. User agrees to use the DeVille Site only for lawful purposes. User is prohibited from posting on or transmitting through the DeVille Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Users may not use any device, software or routine to interfere or attempt to interfere with the proper working of the DeVille Site or any account on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose your password to any third parties or use your password for any unauthorized purpose. Users may not use the DeVille Site to send unsolicited advertising, promotional material, or other forms of solicitation to other Users, except in those specified areas, if any, that are designated for such a purpose. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to this website if you breach this Agreement, if we are unable to verify or authenticate any information you provide to us, or if we believe that your conduct violates applicable law or is harmful to the interests of DeVille, its affiliates, or other Users. Users are responsible for complying with all applicable laws relevant to their conduct at and usage of this Site. As a condition
of your use of the Site, you agree that you will not: (i) use the Site to infringe the intellectual property rights of others in any way; (ii) use the Site, or attempt to penetrate, modify, or manipulate the Site or services offered through or at the Site or any of the hardware or software thereof in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any other User of the Site, or to modify, damage, or erase any information contained at the Site or any other User connected to the Site; or (iii) reverse engineer any portion of the Site.
7.CONFIDENTIALITY OF USER COMMUNICATIONS
DeVille reserves the right to cooperate fully with state, local, federal, and international officials in any investigation relating to any Content (including personal or private electronic communication transmitted on the DeVille Site) or purported unlawful activities of any User.
8.INTERNATIONAL PRIVACY COMMITMENT
DeVille's User Agreement and Privacy Policy are currently applicable to our United States customers and visitors to our Site. As websites for international audiences are developed, they will maintain their own rules and practices, to be consistent with this statement, which they may modify as needed for particular products and services, or to conform to local laws or customs around the world. If you have any questions about the DeVille Privacy Policy or opt out process, you may send an email to [email protected].
9.POSTINGS
DeVille does not want to receive confidential or proprietary information from you through this Site or otherwise. Postings by a User on any message board or in any chat room will not be protected as confidential and DeVille may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries, affiliates, or others for any purpose whatsoever and as deemed appropriate by DeVille. DeVille is under no obligation to review any messages, information, or content ("Postings") posted on the Site by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, DeVille may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain an unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; advertisements or solicitations of any kind; messages posted by Users impersonating others; personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references; messages by non-spokesperson employees of DeVille purporting to speak on behalf of DeVille; messages that offer unauthorized downloads of any copyrighted or private information; multiple messages placed within individual folders by the same User restating the same point; and chain letters of any kind.
10.TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing DeVille with any personal or proprietary User information through the Site, including proprietary credit card/customer account data, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing in accordance with DeVille's business practices.
11.USE OF LINKS
Should the User leave this Site via a link contained herein, and view content that is not provided by DeVille, the User does so at his or her own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by DeVille. DeVille is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such Site, whether actual, alleged, consequential or punitive. DeVille makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. Furthermore, if you choose to take advantage of an offer from a company other than DeVille and you become their customer by contacting that company's website, your actions on that site and the treatment of your information will be subject to the terms and conditions and privacy policy application to that site.
12.TERMINATION OF USAGE
DeVille may terminate User access, or suspend any User's access to all or part of the DeVille Site,without notice, for any conduct that DeVille, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, DeVille, or its affiliates, directors,officers, employees or other representatives.13.TERMINATION POLICY FOR VIOLATION OF COPYRIGHTUsers of this Site are responsible for compliance with all copyright laws pertaining to information that they place on the internet using DeVille's facilities. Use of DeVille's online services will be terminated for anyone who violates the copyright provisions of the United States Code on the second notice of violation by DeVille. DeVille has designated the following agent (the "Designated Agent") to receive notification of possible violations of copyrights:
DeVille Apartments & Builders Inc
4811 Whipple Ave NW
Suite 101
Canton, Ohio 44718
Tel: 330-492-8650
Fax: 330-492-8671
Email: [email protected]
DeVille will expeditiously remove and/or block access to material posted by a User upon notice of infringement of copyright provided to the Designated Agent by the copyright owner. The individual responsible for posting material suspected of copyright infringement will be promptly notified by the Designated Agent and will be provided with the following information:-Name and address of the complaining party;-Sufficient information to identify the copyrighted work or works; and-A statement from the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.If the individual receiving notice of improper use believes that the material in question is being used lawfully, a "Counter Notice" should be provided to the Designated Agent, and DeVille will restore access within 14 days of the Counter Notice, unless the matter has been referred to a court. The Counter Notice must contain the following:-The individual's name, address, phone number and signature;-Identification of the material and its location before removal;-A statement, under penalty of perjury, that the material was removed by mistake or misidentification on the part of the complainant; and-Consent to local Federal court jurisdiction.DeVille may be obligated to provide names of individuals using its online services upon the order of a federal court. DeVille will safeguard the privacy of a User's identity on the internet to the full extent of the law. Questions about compliance shall be addressed to the Designated Agent listed above.
14. MISCELLANEOUS
This Agreement shall be governed in all respects by the laws of the State of Ohio as such laws are applied to agreements entered into and to be performed entirely within Ohio between Ohio residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or other Users does not waive our right to act with respect to subsequent or similar breaches.
15.NO AGENCY
Users and DeVille are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16.ARBITRATION
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ohio and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or DeVille may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio necessary to protect the rights or property of you or DeVille pending the completion of the arbitration.
17.CHANGES TO AGREEMENT
DeVille may amend this Agreement or any other notices, terms, policies, and conditions on this Site at any time by updating this posting. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because all Users are bound by them. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of this Site. No delay or failure to take action under such terms and conditions will constitute a waiver by DeVille, unless expressly waived in writing by a duly authorized officer of DeVille.
18.ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and DeVille regarding your relationship with DeVille with regard to your use of this site and supersedes any prior statements or representations.