Terms & Conditions
Use of Site and Acceptance of Terms
By use of this website (the “Site”) of Astute, Inc., d/b/a Astute, (“Astute”), you agree to all of the terms, conditions, and notices contained or referenced in this Site (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, do not use this Site. Astute reserves the right at its discretion to update or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Site. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
The content of this Site is protected by copyright and portions of the Site content are also the subject of patent, trademark, service mark, trade secret, or other proprietary rights and related laws, and together constitute the intellectual property (the “IP”) of Astute or third parties. You may not copy, distribute, or create derivative works from such IP without the prior written consent of Astute. Through your use of the Site, you agree that Astute has not conferred by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of Astute or of any third party. Systematic retrieval of data or other content from this Site to prepare any collection, compilation, database, or directory is prohibited. Product names, logos, designs, titles, words, or phrases within this Site may be trademarks, service marks, or tradenames of Astute and may be registered in certain jurisdictions and may not be used without the prior written permission of Astute. Marks owned by other entities not affiliated with Astute may appear on this Site. Astute claims no interest in those marks.
Certain pages or functionality on the Site or elsewhere may allow you to post content to the Site. If you choose to post text, photograph, or video content to the site directly or through a third party service (such as Flickr®, or YouTube®), you represent and warrant that all such content is your original work and free from material which is infringing of another’s intellectual property rights. Further, you agree, represent, and warrant that all such content is free from any offensive, illegal, or dangerous material. If you use a third party service in the posting of content, you necessarily agree to all terms and conditions of the third party service. Further, through your submission, you grant to Astute a perpetual, worldwide, royalty free license to use, alter, reproduce, and publicly or privately display, broadcast, perform, or distribute the content, in whole or in part, in any commercial or noncommercial manner, and in any media now known or hereafter developed. You further grant Astute the absolute right and permission to use your name, image, and likeness as it may be displayed or otherwise included in association with the content and hereby waive all rights to inspect or approve of any specific use of the content, waive all related rights of publicity, moral rights, and claims based upon those rights, and release, discharge, and agree to hold harmless and indemnify Astute from any liability or claims of intellectual property infringement or right of privacy or persona violation or infringement which may arise by virtue of such use of the Content. You further warrant and represent that the content does not infringe the intellectual property rights of any third party and does not contain the name, image, or likeness of any individuals without their knowledge and consent to such use as contemplated herein. You also hereby waive any claims of trademark infringement or false endorsement for use of your likeness in connection with use of the content or any image or work derived therefrom.
BY POSTING TEXT, PHOTOGRAPH, OR VIDEO CONTENT TO THE SITE EITHER DIRECTLY OR THROUGH A THIRD PARTY SERVICE, YOU AGREE AND HEREBY INDEMNIFY ASTUTE FROM ANY AND ALL DAMAGES WHICH MAY ARISE, DUE TO YOUR FAILURE TO FULFILL AND COMPLY WITH THE WARRANTIES AND REPRESENTATIONS SET FORTH HEREIN, FROM ASTUTE’S USE, ALTERATION, REPRODUCTION, SALE, OR DISTRIBUTION OF THE CONTENT IN ANY COMMERCIAL OR NONCOMMERCIAL MANNER.
Digital Millennium Copyright Act Notice. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may remove or disable access to material on our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”).
Our Designated Agent is:
Mark Zablan, CEO
c/o Astute, Inc.
4400 Easton Commons, Suite 250
Columbus OH 43219
Phone Number: 614.508.6112
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Should you respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of this Site, any such response shall be deemed not to be confidential and Astute shall be free to reproduce, use, disclose and distribute the response to others without limitation.
No Links; No Endorsement. Any links from the Site to third party websites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation.
No Guaranty of International Service or Compliance. This Site was designed for and is operated in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws.
Contests, Promotions, and Special Events. From time to time, Astute will hold contests, promotions, or special events for which separate terms and conditions are applicable. Such contests, promotions, or special events may or may not be linked to or run through the Site. Regardless of the context in which such a contest, promotion, or special event is promoted, administered, or held, please review the terms and conditions and privacy statements particular to all such contests, promotions, or special events, as they may differ in meaningful ways from the Terms and Conditions set forth herein.
DISCLAIMER OF WARRANTIES. ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ASTUTE DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. (THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.) ASTUTE MAY IMPROVE OR CHANGE ITS PRODUCTS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. ASTUTE ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ASTUTE BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ASTUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Jurisdiction And Venue
You and Astute agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and Astute also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Franklin County, Ohio.
These Terms and Conditions constitute the entire agreement between you and Astute with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Astute with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Thank you for consideration and adherence to these terms. If you have questions regarding these Terms and Conditions, or if you would like further information regarding licensing material from Astute, please contact us via the “Contact Us” page. For Astute’s privacy statement, click here.
Copyright © 2020 Astute, Inc. All Rights Reserved.