Terms and Conditions

TourismOhio Co-Op Program

Terms and Conditions

The TourismOhio Co-op Program (the "Program") is an advertising co-op program sponsored by TourismOhio (the "Sponsor") through which approved businesses ("Participants") can take advantage of advertising opportunities offered by Sponsor.

Sponsor offers this website for use in accordance with the Terms and Conditions contained herein. Your access to and use of this website is subject to these Terms and Conditions. By accessing or using this website in any way, including loading any page of the website, creating an account, signing up for any type of communication from Sponsor and using any other activity available provided by Sponsor through this website, but not specifically mentioned herein, you are agreeing to comply with the terms, conditions, and disclaimers contained in this notice and in the Procedures relating to the Sponsor Co-op program. If you do not accept these Terms and Conditions, do not use this website or conduct any activities available through this website. The website may be used only for lawful purposes. Your access and use of this website is also governed by all applicable federal, state, and local laws.

SPONSOR CO-OP PROGRAM TERMS AND CONDITIONS

ACCOUNT OPTIONS

By signing up for and participating in the program, you agree to receive emails, text messages to your phone, or other communications from Sponsor, which may be automated. In most cases, Sponsor will allow you to opt-in to any or all of these communications by updating your profile information on the website. You may also opt-out by un-subscribing or requesting that Sponsor de-activate your account.

VALIDATION OF PARTICIPATION

The Sponsor Co-op Program is open to all Ohio-based convention and visitor bureaus (CVBs) and all Ohio businesses that will benefit from a healthy tourism economy. Approval/rejection of participation is at the sole discretion of Sponsor.

CHANGES TO THE WEBSITE

Sponsor reserves the right to:

  1. Change or remove the website or any part of it without notice, on a temporary or permanent basis.
  2. Change, remove, or discontinue any software, service, or promotion as advertised on this website at any time without notice.
  3. Change or modify the terms and conditions of the Co-op Program at any time at its sole discretion and your continued use of the website following any changes shall be deemed acceptance of such change.

PRIVACY POLICY

Please view our Privacy Policy, which explains Sponsor's practices relating to the collection and use of personal information through or in connection with our website. Sponsor's use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms and Conditions. You understand that through your use of this website you consent to the collection and use of this information (as set forth in the Privacy Policy). You understand that Sponsor may collect, categorize and store anonymous data related to program errors and use for purposes of providing technical support, analyzing errors and product improvements. Sponsor will not disclose anonymous data in any form that personally identifies you.

TRADEMARKS AND COPYRIGHTS

The Intellectual Property Rights in this website, and the materials on or accessible via it, belong to Sponsor. For these purposes, "Intellectual Property Rights" includes the following: any patent, trademark, trade name, service mark, service name, and copyright, design right, database right, trade secret and other confidential information. This website, and the materials on or accessible via it, may not be copied, distributed, published, licensed, used or reproduced in any way) without the express written consent of Sponsor. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sponsor. You may not use any metatags, metadata, or any other "hidden text" utilizing a Sponsor name, trademark, or product name without Sponsor's express written consent. Any rights not expressly granted to you in this Agreement are retained by Sponsor.

DISCLAIMER OF WARRANTIES

THE MATERIALS ON THIS WEBSITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SPONSOR

SPONSOR MAKES NO WARRANTY THAT THE FUNCTIONALITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR ANYTHING ELSE THAT MAY BE HARMFUL OR DESTRUCTIVE.

LINKS

Sponsor may provide links to other outside websites. Sponsor is not responsible for such linked websites or the content of any of the linked websites. Sponsor provides these links as an additional resource for its website users and makes no representations regarding the content of any linked website or any companies that own, control, or manages the linked websites. Consequently, Sponsor is not responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in, programs used by, or services or products offered by, websites linked to or from this website. These links are provided to you as a convenience and do not constitute an endorsement by Sponsor or the State of Ohio. By clicking on any of these links, you are leaving our website. Sponsor has no control over the information collected by any third party after you have left Sponsor website. Sponsor encourages you to read any third parties' privacy policies.

The data collection, usage and disclosure practices of any third party linked to Sponsor website are not covered by these Terms and Conditions. Sponsor assumes no liability and is not responsible for any practices of such third party websites, including their privacy practices or content, or disclosure of information by third parties.

Anyone linking to Sponsor's website must comply with Sponsor's guidelines for linking to this website and all applicable laws.

MODIFICATIONS

SUBMISSIONS

Any suggestions, ideas, or concepts that are submitted by you shall become, and remain, the property of Sponsor. By communicating material to Sponsor website, you agree that Sponsor has the right to use such material at its discretion.

Sponsor is not responsible for any material submitted to public areas of the website (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website). Any third party material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Sponsor. Sponsor reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, in its sole discretion.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, SPONSOR WILL NOT BE LIABLE FOR LOSS OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE.

INDEMNITY

You agree through the use of this website to indemnify Sponsor, its officers, directors, employees, agents, and affiliates from, and hold harmless against, any and all claims, damages, losses and causes of action arising out of your use of or reliance upon the information on this website or out of any breach by you of these Terms and Conditions.

SEVERABILITY

In the event that any provision of these terms and conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at Sponsor's discretion, such provision may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

WAIVER

None of the requirements of this Agreement shall be considered waived by Sponsor unless the waiver is in writing, and then only by persons executing this Agreement or other duly authorized agents or representatives. The waiver by Sponsor of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio. Any legal matter or action must be maintained in a Court in the State of Ohio.

ENTIRE AGREEMENT

These Terms and Conditions together with any documents expressly referred to or incorporated in them, contain the entire agreement relating to the use of this website. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions.

CONTACT INFORMATION

Any further questions concerning the terms and conditions for the use of this website or the Sponsor Co-Op Program should be forwarded here: Lauren.Seckel@development.ohio.gov

SPONSOR CO-OP PROGRAM

PLEASE READ THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT") IN ITS ENTIRETY. BY CLICKING THE "SUBMIT" BUTTON, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND UNDERSTANDTHIS AGREEMENT; (2) YOU ARE AUTHORIZED TO ACCEPT IT; AND (3) YOU AGREE TO ITS TERMS.

PRIVACY POLICY

Sponsor recognizes the importance of privacy to visitors to the Program Web site. Therefore, visitors should be aware of the following information.

Public Records

Visitors should be aware that, subject to certain statutory exceptions, most documents and records maintained by the state of Ohio, including but not limited to electronic data, are public records under Ohio law. Therefore, information submitted through this Web site may be subject to disclosure pursuant to a public records request. Records required to be maintained pursuant to the laws of Ohio will be retained and disposed of in accordance with applicable record retention schedules.

Usage Statistics

In order to generate usage statistics to help us improve our Web site, we automatically collect certain information on every visitor to the Web site. However, this information does not disclose "personal identifiers" (such as name, address, telephone number, e-mail address, etc.). Each time a request is made to view a page within this Web site, our Web site creates a log file capturing generic user information. Examples of this type of information includes the type of Internet browser or computer operating system you are using, the date and time you accessed this site, the Internet protocol address of the individual computer (or proxy server) making the request, and the Internet address of the site from which you may have linked to this site. All information collected by way of server log files is used in aggregate form only, and may be analyzed for trends and statistics.

Online Forms and E-mail

Any personal information voluntarily provided by visitors, including personal information submitted on online forms and e-mail, will be used for the purposes stated on the web page and may also be shared with other agencies as required by law or pursuant to agency authority. Information submitted through this Web site also may be subject to disclosure pursuant to a public records request.

Web Cookies

Visitors who submit information via this Web site should be aware that data linking your computer to this Web site (a "cookie") may be created. Temporary cookies may be used when necessary to complete a transaction, to process data submitted to us online or to facilitate ongoing Internet interaction. Information collected on our Web sites, including cookies, may also be subject to disclosure pursuant to a public records request.

Security Measures

Sponsor will follow Ohio state laws that require the establishment of reasonable precautions to prevent personal information from unauthorized modification, destruction, use, or disclosure. We take very seriously the integrity of the information and systems that we maintain. Therefore, we have instituted security measures for information systems under our control. These security measures are designed to identify attempts to tamper with this Web site. Information collected through these security measures may be used in connection with a criminal prosecution or other legal proceedings.

Personal Information Security

Our primary concern is that your personal information is private and secure. Sponsor uses the industry-standard Secure Socket Layers (SSL) protocol which provides data encryption, message integrity, and server authentication when your data is sent to us. When you see a small lock in the address bar, you know your data is being encrypted for transmission.

All information you enter is used strictly by Sponsor. We maintain physical, electronic, and procedural safeguards that comply with applicable law and federal standards. All data is stored on servers and is backed up to prevent the loss of data. Access to (and the use thereof) personally identifiable customer information is restricted to authorized personnel and is permitted only when prompted by you, or as dictated by service, support, and/or fulfillment requirements.

Notices and Service Alerts

All information you enter is used strictly by Sponsor. We maintain physical, electronic, and procedural safeguards that comply with applicable law and federal standards. All data is stored on servers and is backed up to prevent the loss of data. Access to (and the use thereof) personally identifiable customer information is restricted to authorized personnel and is permitted only when prompted by you, or as dictated by service, support, and/or fulfillment requirements.

Access and Dispute of Information Rights

Pursuant to Ohio Revised Code, sections 149.43, 1347.08 and 1347.09, users may have rights to their information given to this site, in respect to inspecting, correcting and disputing.

Links and affiliated Web sites

Some hypertext links on Sponsor Web site link to other sites and other third parties. By clicking on any of these links, you are leaving our Web site. Sponsor has no control over the information collected by any third party after you are no longer on this Web site.

The data collection, usage and disclosure practices of any third party linked to Sponsor Web site are not covered by this Privacy Policy. Sponsor assumes no liability and is not responsible for any practices of such third party Web sites, including their privacy practices or content, or disclosure of information by third parties.

Reference to any non-state resource, including non-state Web sites linked to this site, does not constitute an endorsement by Sponsor. Sponsor is not responsible for the contents of any non-state Web sites linked to this site, and any views expressed on such Web sites do not necessarily represent the views of Sponsor. You assume any and all risk associated with the use of any non-state Web site linked to this site. Sponsor does not guarantee or warrant any information, services or products advertised or offered on non-state Web sites.

Changes to this Policy

Sponsor may revise this policy from time to time. This is a statement of policy and should not be interpreted as a contract of any kind.

Disclaimer of Liability

Neither Sponsor nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall the State of Ohio and/or Sponsor, its directors, employees or commissioners be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Disclaimer of Warranties

Although the data found on Sponsor Web site has been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. Sponsor provides this information on an "as is" basis. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights are disclaimed. The information provided in this privacy statement should not be construed as giving business, legal, or other advice, or warranting as fail proof, the security of information provided through this Web site.

Contact

Any further questions concerning the privacy policy for Sponsor Web site may be sent to: lauren.seckel@development.ohio.gov