Terms and Conditions
Agreement between User and What'sCommon, LLC (hereinafter “What’sCommon”)
These terms and conditions (hereinafter the “Terms”) govern the use of this website. What'sCommon makes this website and any related software applications (collectively referred to as the “Site”) available to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of the Site is subject to What'sCommon's Privacy Policy. Please review the Site’s Privacy Policy, which and informs users of the Site of the Site’s data-collection practices.
Electronic Communications
By visiting or using the Site, or sending emails to What'sCommon, you consent to receive electronic communications electronically and you agree that all agreements, notices, disclosures and other communications that What’sCommon provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use the Site, you accept responsibility for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that What'sCommon is not responsible for third-party access to your account that results from theft or misappropriation of your account. What'sCommon and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in What’sCommon’s sole discretion.
Children under Thirteen
What'sCommon does not knowingly collect, either on line or off line, personal information from anyone under the age of 13. Please see our Privacy Policy for further details. If you are under 18, you may use What'sCommon only with permission of a parent or guardian.
Links to Third-Party Sites and Third-Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of What'sCommon and What'sCommon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. What'sCommon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or sponsorship by What'sCommon of the Linked Site or any association between What’sCommon and its operators.
Other parties and organization besides What’sCommon make certain products, services and functionalities available via the Site. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that What'sCommon may share your personal information and data with any third party with whom What'sCommon has a contractual relationship to provide the requested product, service or functionality on behalf of What's Common users and customers, for the sole purpose of providing the requested product, service, or functionality.
Unlawful and Prohibited Use and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use What'sCommon but only in accordance with these terms of use. As a condition of your use of the Site, you warrant to What'sCommon that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of What'sCommon or its suppliers or licensors, as the case may be, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse-engineer, 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, found on the Site. What'sCommon’s content, including the content of the Site, is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of What'sCommon and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. What’sCommon does not grant you any licenses, express or implied, to the intellectual property of What's Common or its licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by What'sCommon from its offices within the United States of America. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless What'sCommon, its members, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or products, services, or functionalities available at the Site, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. What's Common reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with What's Common in asserting any available defenses.
Disputes
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by a state or federal court with jurisdiction in Mahoning Country, Ohio. You consent to the exclusive jurisdiction of such courts and to the venue of such courts. You agree not to please forum non conveniens in any such dispute and you consent to service of process.
Class Action Waiver
Any litigation under these Terms and Conditions shall take place on an individual basis; class actions and any other representative or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and What'sCommon agree otherwise, the court shall not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. What'sCommon AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE AT ANY TIME AND FOR ANY PURPOSE.
What'sCommon AND ITS SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED OR AVAILABLE ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. What'sCommon AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL What'sCommon OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF What'sCommon OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination and Access Restriction
What'sCommon reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and What'sCommon as a result of this agreement or use of the Site. What'sCommon's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of What'sCommon's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by What'sCommon with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and What'sCommon with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and What'sCommon with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to the Terms
What'sCommon reserves the right, in its sole discretion, to change the Terms at any time. The most current version of the Terms will supersede all previous versions. What'sCommon encourages you to review the Terms periodically to stay informed of all updates.
Effective as of October 13, 2022
