OPRA Terms of Use
Last Revised: May 29, 2024The website located at https://www.opraonline.org (the “Website”) is published, owned, and operated by Ohio Parks and Recreation Association, Inc., its affiliates, and related entities (“Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of the Website.
By accessing, browsing, submitting information to, and/or using the Website, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state, and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Website.
Purpose of the Website. The Website is provided solely for informational purposes and the purposes of enabling communication between you and the Company (the “Services”). The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Website shall be handled in accordance with the Website’s Privacy Policy, which is hereby incorporated by reference.
Use of the Website. The Company grants you a non-exclusive right to access and use the Website and the data, material, content, or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by the Company to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website, and comply with applicable laws.
User Account Responsibility. If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Prohibited Uses. You agree that you will not:
- Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Website account, computer systems, or networks associated with the Company or the Website;
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or,
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Third Party Sites. The Website may contain links to websites controlled or operated by persons and companies other than the Company (“Linked Sites”). Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support the Company or are identified in the Website, including any delivery of and payment for goods and services.
Intellectual Property Notices. The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by the Company in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials, and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Fees and Payments. By using the Services, and selecting any Services that we offer for a fee on a subscription basis, you accept the cost of the Services that you have elected to pay, and you authorize Company and/or its trusted third-party partners to process your payment from the credit or debit card or other payment source you have identified through your account with the Website (“Payment Method”). If you purchase any Services that we offer for a fee, you agree to pay Company, directly or via its designated third-party payment processor, all applicable fees as they become due plus all applicable related taxes. You may cancel your subscription from time to time as provided on the Website. We may refuse to renew any subscription.
Unless otherwise agreed to in writing, if you select a Service subject to a recurring monthly subscription fee for use of the Services (the “Subscription Fee”), notwithstanding any then-applicable payment arrangement, you agree to pay the Subscription Fee and any volume-based or consumption-based charges applicable to the Services that you selected. Such Subscription Fees may vary depending upon the subscription plan that you select. Your billing will be provided by Company or its trusted third-party partners. The Subscription Fee will be billed within thirty (30) days after you establish your Company account and on an ongoing regular annual basis unless you cancel your subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your subscription. Company may change the Subscription Fee and adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you thirty (30) days in advance of any change in Subscription Fees by posting such changes to the Subscription Fee. You accept the new fees by continuing to use the Services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating your account through the Website in accordance with these Terms.
You may update your Payment Method with Company at any time by accessing your Account. If at any time Company is unable to charge your Payment Method for the Subscription Fee due to insufficient funds, expired, or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, Company reserves the right to suspend your access to the Website and Services until such time as the payment method has been updated and the Subscription Fee is duly paid.
Company reserves the right to retry or permit its third-party partners to retry billing your Payment Method after failed attempts (e.g., if Payment Method is rejected). We also reserve the right to pursue or permit our trusted third-party partners to pursue any amounts you fail to pay in connection with your subscription. If Company is unable to collect your payment using one of the foregoing methods, Company reserves the right to freeze or cancel your account in its sole discretion. You will remain liable for all such amounts and all costs incurred in connection with the collection of any unpaid amount, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and litigation and/or arbitration costs.
All information that you provide to register with Company, including, without limitation, your Payment Method, is subject to Company’s Privacy Policy and these Terms. We may use a third-party payment service to charge your Payment Method. By submitting your information relating to Payment Method, you grant Company the right to store and process your information with the third-party payment service, which may change from to time. You agree that Company will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may charge (or use a third-party payment service to charge) your Payment Method for any applicable fees associated with your account or other amounts owing to Company in connection with your use or misuse of the Services or Website. Without limiting the foregoing, if any payment or transfer you make from your account is returned unpaid, you authorize Company (or a third-party payment service) to make a one-time electronic fund transfer from your Payment Method to collect an amount equal to the fee charged for such return.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ANY FEES AND FOR PROVIDING COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON OUR WEBSITE FROM TIME TO TIME.
Cancellation: YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. If you cancel your subscription, the cancellation will become effective at the completion of the current billing cycle.
Refunds. Other than when expressly set forth on our Services as updated from time to time, or to correct any errors made by Company, Company has no obligation to provide refunds or credits, but may grant them in certain circumstances, such as a result of specific refund or guarantee promotions in Company’s sole discretion.
United States Only. The Company is based in the state of Ohio in the United States. The Company provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
Disclaimer. All information or services provided by the company to you via the website, including, without limitation, all content, are provided “as is” and “where is” and without any warranties of any kind. The company and its third-party licensors expressly disclaim all warranties, whether express, implied, or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Notwithstanding any provision contained herein to the contrary, the company and its third-party licensors make no representation, warranty, or covenant concerning the accuracy, quality, suitability, completeness, sequence, timeliness, security, or availability of the website or any content posted on or otherwise accessible via the website. You specifically acknowledge that the company and its third-party licensors are not liable for the defamatory, obscene, or unlawful conduct of other third parties or users of the website and that the risk of injury from the foregoing rests entirely with you. Neither the company nor any of its third-party licensors represent, warrant, or covenant that the website will be secure, uninterrupted, or error-free. The company further makes no warranty that the website will be free of viruses, worms, or trojan horses or that it will function or operate in conjunction with any other product or software. You expressly agree that use of the website is at your sole risk and that the company, its affiliates and their third-party licensors shall not be responsible for any termination, interruption of services, delays, errors, failures of performance, defects, line failures, or omissions associated with the website or your use thereof. Your sole remedy against the company for dissatisfaction with the website or the content is to cease your use of the website and/or the content. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. You may 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.
Limitation of Liability. Under no circumstances shall the company or any of its third-party licensors be liable to you or to any third-party for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages (including, without limitation, loss of profits, loss of use, loss of data, loss of information or programs on your data handling system, transaction losses, opportunity costs, interruption of business, or costs of procuring substitute goods) resulting from, arising out of or in any way relating to the website, or the data, content, or information accessed via the website or any hyperlinked website, or any disruption or delay in the performance of the website, regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute or otherwise, and regardless of whether or not such damages were foreseen, unforeseen or foreseeable, even if the company or its third-party licensors have been advised of the possibility of such damages. By accessing the website subject to these terms of use, you understand that you are waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understood, 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 materially affect his or her settlement with the debtor.”
Indemnity. You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Termination and Restriction of Access. In its sole discretion, the Company may terminate or suspend your access to the Website for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, the Company may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Ohio U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Westerville, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website.
Changes to these Terms of Use. The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are 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 these Terms shall continue in effect.
These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. A printed version of these Terms and of any notices 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.
Company Contact Information. Questions can be directed to the Company at opra@opraonline.org.