Cylinder Collective Online Terms of Use
Last updated: November 30, 2023
1. You agree to these Terms.
The Cylinder Collective, (“we,” “our” and “us”) provide the websites and services offered by or through one or more of them (“Services”) subject to these Terms of Use (“Terms”). These Terms apply to websites or services where posted by us.
Please read these Terms carefully before you access or use our Services. When you access or use our Services, you are agreeing to be bound by these Terms, as amended from time to time, as well as our Online Privacy Policy, which is incorporated by reference into these Terms. If you do not wish to agree to these Terms, do not access or use our Services.
2. We may change our Services or revise these Terms.
We may change our Services or revise these Terms at our discretion at any time by posting changes to the Services, or on a website that replaces them, prior to the change becoming effective, or by email prior to the effective date of the change. You agree to be bound by any changes to these Terms thirty days after they are revised or when you use the Services after any such change is posted, whichever is sooner. We may revise the Services at any time without notice.
3. We grant you a license to use the Services.
We hereby grant you a nonexclusive, nontransferable, limited, and revocable-at-any-time license to use the Services solely for your personal, non-public, legitimate use purposes related to your role as a current or prospective customer, service provider, or other authorized user of our Services.
4. You authorize us to access your information.
You grant to us an irrevocable, worldwide, royalty-free license to any information, including feedback, you provide through the Services. You authorize us to use this information, content, or other information to provide the Services, or for other permissible business purposes, at no cost to us.
5. We disclaim all warranties to you.
The Services are provided as is or as available. We, including any person associated with us, disclaims all warranties of any kind about Services, including relating to their quality, accuracy, or availability.
We disclaim all warranties of any kind, either expressed or implied. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy with regard to any website owned by a third party to which or from which the site is linked (“Linked Website”). We do not endorse and are not responsible for the capabilities, quality, content, or reliability of any service obtained from a Linked Website. Your use of Linked Websites is at your own risk and subject to the terms for such websites.
Without limiting the foregoing, neither we nor anyone associated with us warrants or represents that the Services will be accurate, reliable, error-free, timely, secure, complete, available, or uninterrupted or meet your requirements; that defects will be corrected; that the Services or the server that makes them available are free of viruses or other harmful components; that the Services, including the quality of any services, information, or other material, will otherwise meet your needs or expectations; or that any errors will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
6. We limit our liability to you.
To the extent permitted by law, in no event will we or our licensors, service providers, employees, officers, directors, or contractors be liable for any damages of any kind, under any theory or law or equity, arising out of or in connection with your use of, or inability to use our Services or any Linked Website, including any direct, indirect, incidental, special, consequential, exemplary, or punitive damages.
This limitation of liability includes, without limitation, personal injury, lost profits, goodwill, data, or other losses, costs of obtaining substitute service or lost opportunity, or damages resulting from delay, interruption in service, mechanic or electronic equipment failure, failure of communication lines, telephone, or other interconnects, unauthorized use or access to or alteration of your transmission of data, theft, operational errors, strikes or other labor problems, statements or conduct of anyone on the site, any force majeure event, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in Services, whether or not we have been negligent or been advised of the possibility of any such damages.
Regardless of the limitation of liability disclaimers in this section, if we are found to be liable, our liability to you or any third party is limited to $100.
Some jurisdictions do not allow the exclusion of certain liabilities; therefore, some of the above exclusions may not apply to you.
7. We prohibit certain, illegal conduct.
You agree not to do any of the following:
anything illegal or that violates a contractual obligation;
attempt to derive or use source code from the Services;
take any action to circumvent or defeat the Service’s security or content usage rules or that permits unauthorized entry or access to computer systems;
engage in activity that infringes upon the rights of others, including our or any third party’s intellectual property rights or rights pertaining to privileged, confidential, proprietary, or trade-secret information;
engage in activity that violates the privacy of others;
engage in activity that is fraudulent, false, misleading, or involves the sale of counterfeit or stolen items;
use the Services in a way that creates liability for us or causes us to lose the services of our service providers;
use any automatic device, program, algorithm, or methodology to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Services;
use the Services in any way that interferes with their normal operation; or
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.
Accessing the Services from territories where their contents are illegal or unlawful is prohibited.
8. You agree to indemnify us.
You agree, at your own expense, to defend, indemnify and hold us, our third party-service providers, and their officers, directors, and employees, harmless from any claim or demand (including reasonable legal fees) arising out of or relating to your access to, or use of the Services. This includes your breach of these Terms, your violation of applicable laws, your infringement of any intellectual property or other right of anyone, or your violation of any rights of any third party. You are solely responsible for your use or access to the Services. You are solely responsible for the security and confidentiality of information or your use of the Services.
Your failure to comply with the provisions of this Section may result in the termination of your access to the Services and may expose you to civil or criminal liability.
9. You agree to respect our intellectual property rights.
You will not use the names, logos, colors, trademarks, service marks, photographs, trade dress, or other identifying features of our intellectual property without obtaining our specific prior written approval and respect our intellectual property rights.
10. We do not endorse Linked Websites.
From time to time, we may provide links to Linked Websites from the Services. Linked Websites are controlled and operated by third parties, not us. We do not endorse, authorize, sponsor, or affiliate with respect to Linked Websites, its owners, sponsors, or providers.
11. You must comply with applicable laws.
You access the Services on your own initiative and own risk. You are responsible for compliance with all applicable laws, including all federal, state, and local laws, and regulations.
12. We may terminate these Terms without notice.
We may terminate these Terms or suspend your use, the Services, or use of the Services immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms. Upon termination, you will cease use of the Services.
13.Your access to the Services may be permitted at our discretion.
Your access to the Services is permitted at our discretion. We may withdraw, amend, or restrict Services without notice.
14. You waive any jury trial and class action rights.
With respect to any dispute with us or our licensors, service providers, employees, officers, directors, or contractors, arising out of or relating to the Services or these Terms, you hereby (i) give up your right to have a trial by jury; and (ii) give up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving such dispute.
15. Some provisions survive termination.
Provisions that by their nature should survive termination of these Terms must survive termination, including without limitation, sections relating to limitation of liabilities, disclaimer of warranties, and indemnities.
16. You agree to Ohio governing law and venue.
These Terms are governed by the laws of the State of Ohio, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms or your use of the Services is in the state or federal courts located in Columbus, Ohio. You submit to the jurisdiction of such courts.
17. These Terms state our entire agreement.
Except to the extent otherwise set forth herein, the Terms set forth the entire understanding between us and you with respect to your access to and use of the Services. The Terms replace all prior understandings between us.
18. You may contact us with your questions or concerns.
If you have any questions or concerns about the Terms, you may reach out to us via the Contact Us form.