Privacy Policy

(Last updated on December 4, 2013)

Technical information systems such as computers, servers, and websites are operated by WYSO (“WYSO” or “we”, “us”, or “our”). This Privacy Policy applies to all of the systems operated by WYSO unless a different policy is provided in association with a particular system or site, in which case such different policy shall control. This Privacy Policy is subject to change, so you are encouraged to revisit and review this Privacy Policy from time to time. WYSO reserves the right to alter, modify, update, add to, subtract from or otherwise change this Privacy Policy at any time for any reason or no reason at all. WYSO will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Privacy Policy.

WYSO ACCEPTANCE:

Please read this Privacy Policy carefully.  Your participation in or use of WYSO information systems indicates that you have read and accepted WYSO’s privacy practices, as described in this Privacy Policy.  In addition, please review the applicable website Terms of Use, which govern your use of each WYSO website.

WYSO information systems, servers, and websites are operated in the United States.  If you are located in the European Union, Canada or elsewhere outside of the United States please be aware that any information you provide to us will be collected within the United States.  By using these systems, participating in any of our services and/or providing WYSO with your information, you consent to this transfer.

INFORMATION THAT WYSO COLLECTS THROUGH ITS WEBSITE:

WYSO collects the following information:

  1. Personally identifiable information is information that identifies you or could reasonably be used to identify you personally.  Providing personally identifiable information is voluntary.  You may, however, not be able to use the full functionality of the applicable website if you do not provide certain information.  WYSO may collect personally identifiable information that you provide during your use of the website, including, without limitation, your name, home phone number, mobile phone number, physical address, email address, company, title, gender, race and ethnicity.  Other examples of personally-identifiable information that may be collected (depending on the applicable WYSO website) include:

    • Information for using our online giving and payment options or otherwise managing a WYSO user account, including your name and contact information.  We, and certain third parties acting on our behalf, use your credit card information to process your monetary contributions and merchandise payments. This information will be processed and stored within payment card industry standards.  Any and all payments processed through a third party on our behalf are subject to the third party’s applicable privacy policy and terms of use.

    • Information you provide when you sign up for any services (e.g., WYSO user forums, marketing offers, and e-newsletters) offered on the website; and

    • Information collected when you contact us (requesting information, providing feedback, questions, etc.) or collected via offline methods (e.g., telephone).

  2. WYSO Website Cookies and Google Analytics:  We may use cookies, but only to store session information, to track usage patterns on the website or to analyze user activity on the site (without tying that information to personally identifiable information, except that your submissions and postings in the user forums will be stored and available to WYSO and other users and may include your on-screen identification).  Cookies are text files used to identify users and possibly to prepare customized web pages for the user.  You may configure your browser to reject cookies but, if you do so, you may not be able to use the full functionality of this website.  In addition, we may use Google Analytics to obtain information related to your use of the site.  The information obtained and analyzed through Google Analytics is collected aggregately, meaning that the information and the analysis thereof do not refer to any particular user or account.  We may use this information to enhance the operations of the site for improved performance and a more enjoyable user experience.

  3. Web Server Log Information:  WYSO collects non-personally identifiable web log information regarding visitors to its website and each visitor’s activity on the website.  This information includes, but is not limited to your IP address, the time and date of your visit(s), the pages you visit, the frequency of your visits and the length of stay on each page, your browser type, and information that identifies any linking or referral web page visited prior and /or subsequent to visiting our website.

WYSO websites are not directed at children and WYSO does not knowingly collect any personally identifiable information from children under thirteen (13) years of age unless the collection complies with the Children’s Online Privacy Protection Act (“COPPA”). If you are under thirteen (13) years of age, do not send any information about yourself to WYSO.  If WYSO discovers that a child under the age of 13 has provided WYSO with personally identifiable information not in compliance with COPPA, WYSO will use commercially reasonable efforts to delete that child’s personally identifiable information from its system.

You may have the opportunity to provide us with the personally identifiable information of a friend or another individual (or a friend of yours may provide WYSO personally identifiable information about you). Any personally identifiable information that you supply to WYSO for those activities will not be retained, or used, for other purposes unless otherwise disclosed to you at the time the information is collected.

HOW WYSO USES YOUR INFORMATION COLLECTED THROUGH ITS WEBSITES:

We will use personally identifiable information collected from you for the purpose disclosed at the time the information is collected (e.g., we will collect credit card information to process a contribution or payment and we will collect contact information to use specifically in connection with the purposes stated at the time of collection). We will use personally identifiable information to contact you:

  • to provide you with requested purchases, information, services or content;

  • to process a contribution or payment by you;

  • to allow you to use the services (including, but not limited to, WYSO user forums, marketing offers, and e-newsletters) offered on the website;

  • to enforce the Terms of Use of the WYSO website and to address any problems or concerns we have regarding your use of this website; or

  • to notify you of changes to this Privacy Policy, our Terms of Use or other policies or terms that affect you and your use of our websites.

We may share your personally identifiable information with certain third parties, including, but not limited to, our providers (to the extent necessary to provide our services) and third party marketers, for legal compliance purposes, as described in the “Assignability” section below, to a third party for the purpose of creating a WYSO directory, or if you give us your consent.  For purposes of the preceding sentence, “legal compliance purposes” includes, without limitation, compliance with laws, cooperation with any governmental investigation and disclosure whenever WYSO believes disclosure is necessary to limit its legal liability or to protect or enforce the rights, interests, or safety of the website, our users or any third party. If you elect to receive communications from a third party, your information will be subject to the third party’s privacy policy and not this Privacy Policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly.

WYSO may use non-personally identifiable information for many reasons, such as system administration, marketing analysis, to audit use of our website and to report aggregate information to our business partners. WYSO may associate your IP address or other non-personally identifiable information with personally identifiable information that you provide, but WYSO will use this aggregated information solely for WYSO’s internal business purposes, subject to this Privacy Policy as it pertains to personally identifiable information.  WYSO may disclose aggregated non-personally identifiable information to third parties.

 

WYSO may share personally identifiable information and non-personally identifiable information with entities that perform functions on behalf of WYSO.  For example, and without limitation, WYSO may share your information with entities that host a WYSO website (or portions thereof), send communications on our behalf, analyze data, and provide customer service.  These third parties may have access to your information from WYSO, including personally identifiable information, only to the extent it is necessary to perform their duties and functions, and subject to this Privacy Policy.  You may, however, also be required to provide your personally identifiable information to certain third parties that host or process certain portions of WYSO programs on behalf of or in connection with WYSO (such as a third party payment processor).  WYSO assumes no responsibility for such third parties’ privacy practices, and you agree that WYSO will have no liability for such third parties’ privacy practices. I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any State, Country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

POLICY ON THE PRIVACY OF PERSONALLY IDENTIFIABLE INFORMATION GATHERED ELSEWHERE:

WYSO additionally and necessarily gathers certain personally identifiable information from its future, current, and former staff, volunteers and others involved in formal business, contractual, and related relationships with WYSO, such as donors. This may include information that originates prior to those individuals’ relationship with WYSO (such as Social Security Numbers in the case of employees and credit card numbers in the case of donors using a credit card) as well as information that originates during and because of those individuals’ relationship with WYSO (such as employee’s payroll information). WYSO notes the standard of the National Institute of Standards and Technology, which states that “Organizations should minimize the use, collection, and retention of [personally identifiable information] to what is strictly necessary to accomplish their business purpose and mission,” as well as the elements of the Federal Trade Commission’s Fair Information Practice Principles. The specific personally identifiable information gathered by WYSO in the course of its academic and business operations may vary from individual to individual or from year to year based on changing technologies, business requirements, etc., as well as based on relevant differences between individuals such as, e.g., differences between the classifications of employees. However, WYSO undertakes efforts to ensure appropriate treatment of personally identifiable information in accordance with regulations and industry best practices.

Personally identifiable information may be input, viewed, modified, exported, removed, etc. (“accessed”), from WYSO information systems in accordance with WYSO mission and business needs as well as in accordance with appropriate regulatory standards. This information is not accessed except as comports with business needs, such as, for example, WYSO’s need to maintain appropriate personnel information for employees in order to comply with IRS requirements. Each WYSO information system in place is used by a particular office or particular offices in accordance with those office’s specific business needs in the context of WYSO’s collective needs. Pursuant to this, access to WYSO information systems are rooted in the principle of least privilege, indicating that WYSO personnel granted access to personally identifiable information are generally limited to personnel with a legitimate need to access said information. Exceptions may occur in such business-necessary cases as, for example, troubleshooting technical problems, training new users, seasonal or irregular processes such as relate to employee applications, etc. Whenever and wherever possible, deviations from the principle of least privilege are temporary in nature.

We additionally work with third-party vendors and other outsiders who may have direct or indirect access to personally identifiable information, with that access limited to a reasonable degree by the academic or business function served by the third party. In these cases individuals’ personally identifiable information is bound by agreements between us and those third parties. Third parties are frequently involved in the technical administration of information systems housing personally identifiable information, and they may also subcontract with other third parties who thereby inherit access to personally identifiable information. To the degree possible, WYSO takes reasonable steps to ensure the security of personally identifiable information outside its formal scope of authority and responsibility.

WYSO has put in place physical, electronic, and managerial procedures as required by law and as we deem reasonable to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we gather. Due to the changing nature of technology these restrictions and procedures may vary from system to system or year to year.

An example of a regulation that may govern WYSO’s gathering, handling, use, release, etc. of personally identifiable information include the following. Even where the regulations and guidelines named do not strictly bind WYSO, WYSO may seek to voluntarily comply as a form of self-regulation.

  • PCI-DSS and FACTA — these guidelines and regulations relate to WYSO’s management of credit information of donors, and other individuals who may voluntarily submit credit card information to WYSO for payment purposes.

Questions, comments, or complaints concerning privacy practices in any way related to the privacy of Personally Identifiable Information (PII) gathered by WYSO may be communicated to WYSO@WYSO.org.

YOUR CHOICES REGARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION:

You have the ability at any time to access your personally identifiable information collected by WYSO by contacting us at the email or physical addresses provided in the “Contacting WYSO” section below. You should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Other information, such as payment history on file for our staff, may be retained as required by business practices, in accordance with our mission, to comply with appropriate regulation, to provide essential WYSO services, etc.

Please also keep in mind that any opt-out choices you make will not apply in situations where: (a) you make a specific request for information from us, or (b) WYSO uses your personally identifiable information for certain operational and/or fulfillment purposes (e.g., to complete transactions requested by you, or to send you communications either about any user account of yours or about features of our websites, including any future changes to this Privacy Policy, the applicable Terms of Use, or any other policy or terms that affect you and your use of our website).

Contacting WYSO:

Any questions or concerns regarding this Privacy Policy and WYSO’s handling of personal information (including, without limitation, personally identifiable information) should be directed to: WYSO@WYSO.org or via mail to WYSO, Attn: General Manager, 150 E. South College Street, Yellow Springs, Ohio 45387.  WYSO will contact any person lodging a formal complaint and will cooperate with appropriate regulatory authorities to resolve any complaints that cannot be resolved between WYSO and any individual(s).

Links:

You may leave WYSO’s website by clicking on certain links on WYSO’s website. Many of these links take you to websites and online content that are not operated by WYSO and are beyond WYSO’s control, including, but not limited to, sites operated by Google and/or third party payment processors. If you “click” on these links, you will be taken to a third party website. WYSO has no control over and is not responsible for the content of any third party sites to which you link.  In addition, these other websites have their own privacy policies and practices that may differ from WYSO’s, and we encourage you to review the privacy policies of any other website you visit.

Security:

We have put in place physical, electronic, and managerial procedures as required by law and as we deem reasonable to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, we cannot guarantee the security of any information that is disclosed online. We make no warranty regarding the security of any information you transmit to us via this site and you do so at your own risk.

Assignability; Governing Law:

WYSO reserves the right to disclose, share, assign and/or otherwise transfer user information, including without limitation personally identifiable information, in connection with a merger, acquisition, consolidation, the sale of substantially all of its assets, or any other corporate change or restructuring, whatever form it may take.  You further agree that this Privacy Policy shall be governed by and construed in accordance with the laws of the State of Ohio.  Any dispute under or related to this Privacy Policy shall be brought exclusively in the state or federal courts in Greene County, Ohio.

 

Terms of UseThe effective date of these Terms of Use is December 4, 2013.

Please read these Terms of Use carefully. These Terms of Use represent a binding contract. By using this website, you agree to all terms and conditions of these Terms of Use. If you do not agree to be bound by any of these Terms of Use, do not use this website.

 

This website (the “Website”) is operated by WYSO (“WYSO” or “we”, “us”, or “our”). WYSO makes the Website available only subject to your binding agreement to these Terms of Use and your use of the Website is wholly voluntary. These Terms of Use govern your use of the Website (except to the extent the Website redirects to third party sites that are not operated by WYSO). You agree to these Terms of Use by accessing the Website, by acknowledging your agreement to these Terms of Use, by using any features of the Website, and/or by accepting any information from the Website. WYSO reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes. WYSO will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use. WYSO encourages you to revisit and review the Terms of Use posted here periodically. Your continued use of the Website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes. You also agree that the form and nature of WYSO’s Website may change from time to time without prior notice to you including, without limitation, certain features or functionality no longer being available.

You may be required to provide personally identifiable information to use and/or access certain portions of the Website. You agree that any information that you provide to WYSO will be accurate and that you will make reasonable efforts to keep that information up to date. Please review WYSO’s Privacy Policy, which you also agree to and accept by using this Website, and which is specifically incorporated into these Terms of Use.

You may terminate this legal agreement with WYSO at any time by providing notice in accordance with the “Contacting WYSO” section below and discontinuing any use of the Website. WYSO may terminate this agreement with you at any time: (a) if you have breached or threatened to breach these Terms of Use; (b) if WYSO is required to do so by law; or (c) WYSO no longer makes the Website available for any or no reason.

General Usage of the Website:

You agree that you will:

  • only use the Website as permitted by these Terms of Use and as permitted by law;

  • not access, or attempt to access, restricted or registration-required portions of the Website by any means other than the interface provided by WYSO;

  • use the Website to threaten, harass, intimidate, stalk or otherwise abuse another user;

  • not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of WYSO), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by WYSO in its sole discretion);

  • not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;

  • not interfere with or disrupt the use and enjoyment of the Website by WYSO or any third party;

  • not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with WYSO’s or any third party’s use and enjoyment of the Website and any other software, hardware and data;

  • not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to WYSO, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;

  • not transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;

  • not resell, frame, duplicate, reproduce or otherwise commercially exploit the Website without the prior written agreement of WYSO;

  • not remove, obscure or alter any proprietary rights notices on the Website or any material obtained from or through the Website; and

  • not violate any applicable local, state, federal or international law, rule or regulation.

Certain features of the Websites may be subject to a separate written agreement with WYSO. You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

WYSO will determine your compliance with these Terms of Use in its sole discretion and its decision shall be final and binding. Any violation of these Terms of Use may result in restrictions on your access to all or part of the WYSO websites and may be referred to law enforcement authorities.

Informational Purpose Only; Responsibility for Content You Provide. The information on the Website, including but not limited to the content posted by you or other users of the Website, is provided for informational purposes only. You acknowledge and agree that you are solely responsible for content you post on the Website and the accuracy of any information you provide via the Website. You acknowledge and agree that we have no knowledge as to ownership of the content you post on the Website or the accuracy of any information you provide via the Website. You agree that we have no liability related to any submission or content contributed or posted by you to the Website. You acknowledge by using the site that all content accessed or posted by you through the site is at your own risk, that you will be solely responsible for damages or losses as a result therefrom and that we have no liability related thereto. You agree that WYSO will not be liable or held responsible in any manner as a result of your communications or interactions with any party found on or through the Website.

Ownership of Content and License of Your Submissions and Postings:

WYSO’s websites (including, without limitation, the Website) and all of the content on WYSO’s websites (as updated from time-to-time), including, without limitation, any trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to WYSO or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, right of publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of WYSO or such third party that may own the Material or intellectual property displayed on the website. Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Material is strictly prohibited. You agree not to use the Material for any unlawful purposes and not to violate WYSO’s rights or the rights of others. You are advised that WYSO will enforce its rights to the fullest extent of the law. WYSO may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.

You hereby acknowledge and agree that your relationship with WYSO is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to WYSO does not place WYSO in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit. You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to WYSO, even if such material is altered or changed in a manner not agreeable to you.

Digital Millennium Copyright Act:

We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

To File A DMCA Notification with Us:

A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

  2. Identify the infringing material that is posted on the Website and that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item on the Website.

  3. Provide a reasonably sufficient method of contacting you (e.g., your phone number and email address).

  4. (Optional) Provide information sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.

  5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the Website is not authorized by the copyright owner, its agent, or by protection of law.”

  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

  7. Sign and date the notification.

  8. Sent the written notification via mail or fax (937-769-1382) to WYSO as follows:
    WYSO
    Attn: Office of General Manager
    150 E. South College Street
    Yellow Springs, OH 45387

Please note: The DMCA provides that you may be liable for damages (including costs and attorney’s fees) if you falsely claim that certain material is infringing your copyrights. We recommend contacting an attorney if you are unsure whether Website material is protected by copyright laws.

To File A DMCA Counter-Notification with Us:

  1. List the Website material that was removed by us, and the location at which the material appeared before it was removed. Please identify the material in sufficient detail for us to identify the material.

  2. Provide your name, address, telephone number and email address (if available).

  3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside.

  4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.

  5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

  6. Sign and date the counter-notification.

  7. Sent the written notification via mail or fax (937-769-1382) to WYSO as follows:
    WYSO
    Attn: Office of General Manager
    150 E. South College Street
    Yellow Springs, OH 45387

Linking:

The content of this Website is subject to change at any time without notice. By accessing or linking to the Website, you assume the risk that the information on the Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

The Website may contain links to third party web sites. These third party web sites may be affiliated with WYSO or unaffiliated. For example, your purchase of certain WYSO merchandize or products may automatically direct you to and be conducted on a third party site hosted and operated by Google. WYSO is not responsible for, and you agree that WYSO will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Website may be linked or from which a WYSO website may be accessed. The appearance of any link on the Website in no way constitutes an endorsement by WYSO of any third-party products or services.

You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, contains expressions of racism that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by WYSO in its sole discretion. WYSO reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that WYSO deems to be inappropriate or inconsistent with or antithetical to the Website and/or these Terms of Use.

Disclaimers/Limitations on Liability:

You understand and agree that the Website and all material contained or made available on or through it are provided and made available solely “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” and without warranties of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of merchantability, non-infringement or fitness for a particular purpose or those arising by statute or otherwise at law or from a course of dealing or usage of trade. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You many have other rights which vary by jurisdiction. When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

You agree that WYSO and its affiliates, subsidiaries, licensors and assigns, and each of their respective employees, officers, agents and directors (collectively, the “Released Parties”), are not liable to you for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, special, indirect, incidental, consequential or punitive damages arising or resulting in any way from, or in connection with, the Website, and any other WYSO website, the material and features posted and made available on any WYSO website, or any errors or omissions in the technical operation of the websites and any materials posted or made available on any WYSO website, even if the Released Parties have been advised of the possibility of such damages, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to any WYSO website or any related information or programs. Notwithstanding any other provision in these Terms of Use, in no event and under no circumstances will the Released Parties, or any of them, be liable to you for any reason or any cause of action whatsoever in an amount greater $10.00 USD. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

By accessing the Website subject to these Terms of Use, I understand that I am waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, I acknowledge that I have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any State, Country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

WYSO makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any third-party product or service does not constitute or imply its endorsement or recommendation by WYSO. To the extent view and opinions are posted on the site, the views and opinions of users or WYSO employees of WYSO’s websites do not necessarily state or reflect those of WYSO.

The Internet is inherently insecure. WYSO expressly disclaims any and all liability, and you agree that WYSO will not be liable to you in any way arising from or related to any damage resulting to any computer or data from any security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure or any other technical malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing WYSO any information. WYSO makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of any WYSO website. A WYSO website may be temporarily unavailable due to maintenance, malfunction of computer equipment or any other reason.

Indemnification:

You agree to indemnify and hold harmless WYSO, its affiliates, subsidiaries, licensors and assigns, and their respective officers, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the Website or any materials downloaded, obtained, used or otherwise accessed or acquired through the Website: (i) in breach of these Terms of Use or in violation of any law or regulation; (ii) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (iii) in breach of any agreement between you and any third party. WYSO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of WYSO. This indemnification section will survive any termination or expiration of these Terms of Use.

Location:

WYSO operates the Website in the United States. Information contained on the Website may not be appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. If you access the Website from other locations, you are solely responsible for compliance with applicable local laws. These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Ohio, without regard to its conflicts of law principles. You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any WYSO website must be filed exclusively in the County of Greene, State of Ohio, United States of America.

Contacting WYSO:

Any questions or concerns regarding these Terms of Use should be directed to: WYSO@WYSO.org , or via mail to WYSO, Attn: General Manager, 150 E. South College Street, Yellow Springs OH 45387.

General Terms:

WYSO’s failure to exercise, or delay in exercising, any of WYSO’s rights under these Terms of Use will not constitute or be deemed a waiver or forfeiture of those rights.

These Terms of Use and the Privacy Policy are the entire agreement between you and WYSO concerning your use of the Website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except by subsequent agreement in writing by you and an officer of WYSO.