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TERMS OF USE

Acceptance of Terms
Welcome to the effronassociates.com web site (the "Site"), the official site of Effron & Associates ("Effron"). Effron provides its services to you subject to the following Terms of Use (the "Terms"). By using the Site, you expressly agree to accept the Terms and be bound by them and all applicable laws and regulations governing the Site. Please read them carefully. If you do not accept the Terms, do not use the Site or our services. Use of the Site is void where prohibited.

The Terms may be updated and revised by us from time to time, so please visit this page periodically to review them.

Privacy
Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.

Terminology
The following terms have the following meanings: "You" "your" and "user" refer to all individuals accessing this Site. "We," "us" and "our" refer to Effron.

Eligibility and Accounts
In order to take advantage of the services of the Site, you may be required to submit your email address. By posting or replying to a review, you represent and warrant that you are eligible to use the Site as set forth in the Terms and that the information you include is accurate and not deliberately untrue.

In consideration of your use of this service, you agree to provide true, accurate, current and complete information. (If you provide any information that is untrue, inaccurate, not current, incomplete or Effron has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your current or future use of our service.)

Only those parties seeking to post reviews regarding educational content and matters may use the service. You agree to use the Site for your personal use only and not to redistribute any of the content on the Site.

We expect all of our users to conduct themselves in a courteous, professional manner at all times. Personal attacks and other forms of discourteous and unprofessional online conduct are grounds, at our discretion, for the immediate termination of privileges to use the Site.

User Content
You are solely responsible for your communications, the consequences of your postings and for the content and information you provide, distribute, post, include, link to or otherwise upload to the Site. You also agree that we are only acting as a passive conduit for the online distribution and publication of your content. However, although we are not obligated, we reserve the right to take any action with respect to your content if we believe that it may create a liability for us.

You must not, and by using the Site, you agree not to:

(a) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
(b) post material that reveals trade secrets, unless you own them or have the permission of the owner;
(c) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity;
(e) post sexually-explicit images or statements;
(f) post material that violates any applicable local, state, national and international laws or regulations;
(g) post advertisements or solicitations of business, chain letters or pyramid schemes;
(h) post material that contains viruses or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or
(i) impersonate another person.

If you do post content or submit material, and unless we indicate otherwise, you grant Effron and its affiliates, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, translate, create derivative works from, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted and promote such content (in whole or in part) throughout the world in any media for advertising, editorial, commercial, promotional and all other purposes. You acknowledge that Effron owns all right, title and interest in any compilation, collective work or other derivative work created using or incorporating the content. Please remember that you are ultimately responsible for all content that you provide and you warrant and represent that: (i) the content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided in this section, including without limitation, all necessary copyright and other related rights to the content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the content, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your content, including, without limit, any photograph you may provide.

Reviews
Users may post reviews on the Site. Reviews are not endorsed by Effron. Reviews do not reflect the view of Effron; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. Effron does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

Security Rules
Users are prohibited from violating or attempting to violate the security of Effron, including, but not limited to, attempts to:

(a) access data not intended for them or logging into a server or account which the user is not authorized to access;
(b) probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) interfere with service to any user, host or network, including but not limited to, submitting a virus to the Site, overloading, flooding, spamming, mail-bombing or crashing;
(d) send unsolicited e-mail, including promotions and/or advertising of products or services;
(e) forego any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(f) use any engine, software, tool, agent or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Effron and generally available third party Web browsers;
(g) decipher, disassemble or reverse engineer any of the software comprising or making up any part of this Site;
(h) aggregate, copy, duplicate, or frame to in any manner any of the materials or information available from Effron; or
(i) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on it, including any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure.

Violations of system or network security may result in civil or criminal liability. Effron will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Liability for Third-Party Content
The Site provides access to third party content. You understand and agree that Effron is only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy or obscenity.

Effron is not to be considered a job search or placement site with respect to the use of our services and shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on the Site.

We do not screen or censor Site users and are not involved in any actual transactions between users. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Site. As a result, we have no control over the quality, safety or legality of the information posted or the truth or accuracy of the information.

We also do not make any warranty, express or implied, regarding any individual or organization providing a posting or for any postings. You agree that any agreement between you and any individual or organization be based solely on the terms negotiated by them and you and shall be done at your own risk.

Effron does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by them. You acknowledge that any reliance on material posted by other users will be at your own risk. Effron has no obligation to screen communications or information in advance and is not responsible for monitoring material posted by users. We expect that you will use caution and common sense when using the Site and your account.

If notified by a user of communications which allegedly do not conform to the Terms, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication.

Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Site or the material on it. The use of the Site and the material is at your own risk.

Note that there are risks, including but not limited to, the risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Because user authentication on the Internet is difficult, Effron cannot and does not confirm that each user is who they claim to be. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this Site; we expect that you will use caution and common sense when using the Site.

Because we cannot be involved in user-to-user dealings or control the behavior of Site users, in the event that you have a dispute with one or more users, you release us from claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Links
We grant you full permission to link to the Site using a text link, but not to frame the Site or use any of the trademarks or logos without our prior permission. We do not, however, pay referral fees for such links.
We may from time to time provide links to third party sites or resources; these links are provided solely as a convenience to you and not as an endorsement by us. Because Effron has no control over such sites or the content within them, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from them.
If you decide to access linked third party Web sites, you do so at your own risk.

Limitation of Liability
Site users expressly understand and agree that Effron shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Effron has been advised of the possibility of such damages), for any reason, including, without limitation:
(a) the use or the inability to use the service;
(b) unauthorized access to or alteration of your transmissions or data;
(c) statements or conduct of any third party on the service; or
(d) any other matter relating to the service.

Indemnity
You agree to indemnify and hold Effron, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any content that you submit, post, transmit or make available through our service, your use of it, your connection to it, your violation of the Terms or your violation of any rights of another person or company.

Copyright
You should assume that all content, such as text, graphics, images, logos, buttons, icons, trademarks and other material and their compilation (meaning the collection, arrangement and assembly) are the exclusive intellectual property of Effron and are protected under both United States and foreign copyright, trademark and other laws. The code that Effron created to generate its pages is also protected by our copyright and shall not be copied or adapted. All reproduction in whole or in part of the texts or illustrations, by any means whatsoever and without prior consent, is prohibited.

You may print a single copy of Site content for your personal use, but must retain all copyright, trademark, service-mark and other proprietary notices contained in the original material on any copy you make. You may not sell or modify it, or reproduce, display, publicly perform, distribute, or otherwise use it in any way for any public or commercial purpose.

Unauthorized use of any of the above may violate copyright, trademark and other laws.

Notification of Copyright Infringement
Effron will, in appropriate circumstances, terminate the use of the Site by users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to this Site, please provide us with notice containing:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) information sufficient to permit Effron to contact you, such as your physical address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the use of the material identified in your notice, in the manner complained of, is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

By mail:
Effron & Associates
6649 Apache Circle
Cincinnati, OH 45243
By fax: (513) 561-1997

Termination
You agree that Effron may suspend your use of our service immediately, without prior notice, and remove and discard any content within our service, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms; if you infringe third party intellectual property rights; or if we are unable to authenticate any information that you have provided to us. Further, you agree that Effron shall not be liable to you or any third-party for any termination of your access to our service.

Alternatively, we may choose to remove some or all of your content or make it private. Following the termination of your use of the Site, we may remove some or all of your content from our servers or elect to retain it, at our sole option.

General
The Terms and the relationship between you and Effron shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and Effron agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hamilton, Ohio.

These Terms constitute the entire agreement between you and Effron and govern your use of the service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You and Effron are independent contractors, and no agency, partnership, joint venture, employee/employer or franchisor/franchisee relationship is intended or created by these Terms.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Except as explicitly stated otherwise, any notices shall be given by certified mail, postage prepaid and return receipt requested, to the address provided on this page or to the address you provide to us during the registration process. Notice shall be deemed given three days after the date of any mailing.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.

You agree that monetary damages may not provide a sufficient remedy to Effron for violations of these terms of use and you consent to injunctive relief for such violations.

Liability For Our Server
EFFRON DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We do not guarantee continuous or uninterrupted access and make no warranty as to the operation, functionality or availability of the Site, or that the Site or materials or content provided will be error-free, or that defects will be corrected. If your use of the Site results in the need for servicing or replacing equipment or data, Effron is not responsible for those costs.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated.

This means that you, and not Effron, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available via the Site.

You agree to not use the Site to:
(a) upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Site;
(e) upload, post, email, transmit or otherwise make available any content that you don't have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users' abilities to engage in real time exchanges;
(j) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to it;
(k) intentionally or unintentionally violate any applicable local, state, national or international law; or
(l) "stalk" or otherwise harass another; or collect or store personal data about other users.

Warranty
Effron makes no warranty that:
(a) the service will meet your requirements;
(b) the service will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the service will be accurate or reliable; or
(d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Modifications to Agreement or Service
Effron reserves the right at any time to modify or discontinue, temporarily or permanently, all or any part of the service with or without notice. You also agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service.

In addition, we may amend this agreement by posting the amended version on the Site and making it available via a link from our home page. You agree that any continued use of this Site after such amendment shall signify your acceptance of any such amendment. Otherwise, this agreement may not be amended except in a writing signed by both parties.

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