Disclaimer & Disclosures

Vista Site Selection, LLC (“Vista,” “we,” “us” or “our”) provides this website (the “Website”) as a general information service. BY USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THIS TERMS OF USE (these “Terms”). Do not use this Website if you do not agree to these Terms.

Disclosures and Disclaimer

Vista is an ancillary business of Vorys, Sater, Seymour and Pease LLP (the “Firm”). The Firm is the sole owner of Vista, however, Vista is not a law firm and does not provide legal advice or legal services.

The services provided by Vista are not being provided by the Firm. Accordingly, but subject to the important exception set forth in the paragraph below, the protections of the client-lawyer relationship, including those that prevent the disclosure of communications, do not exist with respect to the services provided by Vista to its customers. Absent a client-lawyer relationship, the attorney-client privilege and other protections inherent in that relationship do not exist.

Because Vista is not a law firm, the protections of the client-lawyer relationship do not exist with respect to the relationship between Vista and its customers. For that reason, communications between the Firm and Vista (including those involving representatives of Vista’s customers) may be protected by the attorney-client privilege if, and only if, (i) the customer has retained both the Firm and Vista, and (ii) the customer and/or the Firm are utilizing the services of Vista to provide certain information that the Firm needs in order to render privileged advice to the customer, or where Vista needs to know the Firm’s advice to the customer in order to assist customer in implementing it.

Any customer of Vista is not required to retain the Firm for legal services as a condition of retaining Vista. Customers of Vista are free to retain counsel of their own choosing.

Customers of the Firm are not required to retain Vista for any purpose as a condition of retaining the Firm for legal services.

Vista’s customers may also be subject to a separate manually or digitally-executed agreement for the use of services made available by Vista. Those additional terms become part of the customer’s agreement with Vista.

Website User Conduct

You agree that you will not use the Website for any illegal purpose. In addition, you agree that:

You will not harvest, collect or otherwise use contact information made available on the Website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any of our communications facilities to deliver or attempt to deliver spam.
You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website.
You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website.
You will not use the Website in any manner designed to degrade the performance or functioning of the Website.

Content

All Website Content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code, and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of Vista and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. You are granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Vista.

Accessibility

Vista is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability.

User Information

Some functionalities of the Website may require the transmission of information provided by you (“User Information”). User Information may include, but is not limited to, your name, address, email address, and telephone number. By using such functionality, you consent to the transmission of User Information to Vista and/or its agents and authorize Vista and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy which is incorporated herein by reference.

User Content

The Website may allow you to upload photographs, videos or other content (“User Content”). You shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Vista platforms. You shall retain ownership of all User Content and hereby grant to Vista a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Vista platforms and for our business purposes. You also grant to the other users of the Website and related Vista platforms a non-exclusive license to access the User Content via the Website and related Vista platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms. You grant Vista the right to identify you as the author of any such User Content by name, email address, or screen name, and you acknowledge that Vista has the right, but is not obligated, to use any such User Content and that Vista may cease utilizing such User Content at any time for any reason. You agree not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which you do not have the rights necessary to transmit and publish such content or materials, or to grant Vista the license to use such content or materials as described herein. You acknowledge that Vista has no obligation to monitor or screen User Content submitted to the Website, but that Vista shall have the right (but not the obligation) to reject, remove or delete any User Content that violates these Terms or that is otherwise objectionable.

Third Party Content

You understand and agree that Vista does not control and is not responsible for any content made available on the Website by other users. Your use of, or reliance on, any information contained in such third-party content is at your sole risk. Under no circumstances will Vista be liable for any such third-party Content or for any loss or damage resulting from your use of, or reliance on, such third-party content.

Acceptable Use

Your permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Vista to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third party terms. You must comply with all applicable third-party Terms (e.g., wireless carrier terms of service) at all times while using the Website. Vista reserves the right, in its sole discretion, to terminate the license granted to you hereunder and/or bring legal action against you if you engage in, or Vista reasonably believes you have engaged in or is engaging in, use that violates these Terms. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Publications

Our publications should not be construed as legal advice on any specific facts or circumstances. The contents of our publications are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without our prior written consent, to be given or withheld at our discretion. The mailing of our publications is not intended to create, and receipt of them does not constitute, an attorney-client relationship. The views set forth therein are the personal views of the author and do not necessarily reflect those of the law firm with which the author is associated.

Trademarks

All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Vista and our licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks. No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Vista or the consent of the applicable rights holder.

Commercial Use of Our Website Materials

Reproduction, copying or redistribution of materials on our Website for commercial purposes is prohibited without the express written permission of Vista. To obtain permission to copy portions of this site, please email Info@vistasiteselection.com.

We will evaluate your request and advise you as soon as possible. We reserve the right to refuse permission to copy, distribute, broadcast or publish any of our copyrighted material, including text and images on our Website.

Eligibility; Jurisdiction

You represent and warrant that (i) you are at least 18 years of age and are fully competent and able to enter into these Terms and to abide by the terms hereof; (ii) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) you are not included on any U.S. Government list of prohibited or restricted parties. Vista provides the Website for use in the United States of America. Vista does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at your sole risk and you are responsible for complying with all applicable local laws.

Scope

This Website can be accessed in all 50 states and throughout the world.

Limitation of Liability

Information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. We periodically add changes, improves or updates the information and documents on the Website without notice. Vista assumes no liability or responsibility for any errors or omissions in the content of the Website. Your use of the Website is at your own risk. Under no circumstances and under no legal theory shall Vista, our suppliers, or any other party involved in creating, producing or delivering the Website’s contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Website.

Indemnity

Upon request by Vista, you agree to indemnify, defend and hold harmless Vista and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) your use or misuse of the Website; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. Vista reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Vista in asserting any available defenses.

Third Party Links

This Website may contain links to other websites and/or materials, and such links are provided solely for our visitors’ convenience. We do not control these other linked websites or information contained there. The mere reference of such linked websites is not an endorsement by us of their content or accuracy. Accessing of such links or materials is done at your own risk. We are not responsible for changes made at the linked websites (including but not limited to information that ceases to exist and/or may be archived).

Governing Law

These Terms and your use of the Website shall be governed by the laws of Ohio, without regard to any conflict of laws provisions.

Modifications

We reserve the right to change these Terms, from time to time, in our sole and absolute discretion. Your use of this Website after changes are made signifies your agreement to such changes. We reserve the right to discontinue any aspect of this Website at any time.

Contact Information

For any questions, complaints, or claims regarding the Website, please email Info@vistasiteselection.com.

Effective Date (last updated on): February 13, 2023