Wise Cleveland Disclaimer

TERMS AND CONDITIONS FOR
Wise Cleveland WEBSITE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS PERTAINING TO YOUR USE OF THIS SITE.

The terms and conditions on this page are the terms and conditions under which you may use the Wise Cleveland (the "Wise Cleveland") website ("Wise Cleveland Site") and services offered thereon. Please read these terms and conditions carefully; your use of the Wise Cleveland Site indicates your acceptance of them. If you do not agree to be bound by these terms and conditions, please exit the Wise Cleveland Site. International Merchandising Corporation ("Wise Cleveland"), the producer of the Wise Cleveland Tour, may change these terms and conditions periodically by posting the amended terms on the Wise Cleveland Site. It is your responsibility to periodically check this page for any such amendments.

1. Children's Online Protection and Privacy Act Notice

Wise Cleveland collects personal information on the Wise Cleveland Site. It is Wise Cleveland's intent to adhere to the Children's Online Protection and Privacy Act ("COPPA"). This notice describes our practice of collecting, using and disclosing personal information, including from children under 13. If you have any questions about these policies, you may contact us by e-mail at info@wisecleveland.com, by telephone at , or in writing at .

Wise Cleveland collects personal information directly from Wise Cleveland Site visitors, including children, limited to name and e-mail address. No child is required to provide any information in order to access most of the Wise Cleveland Site. No user is required to disclose more information than is reasonably necessary. Any collected information is for internal purposes only, and is not disclosed to third parties. Information may be used for marketing purposes, and/or to provide you with Wise Cleveland information which we believe may be of interest to you. In order to receive such information, marketing and otherwise, it is necessary for you to establish an account with us. If you are under 13, please have a parent or guardian establish your account. For account registration, we require your name and e-mail address. Under COPPA, no web site operator can require children under 13 to provide more information than is reasonably necessary. Wise Cleveland will not rent or sell children's personal identifiable information. Wise Cleveland will not contact children under 13 regarding special offers or for marketing purpose without parental consent.

A parent may review his or her child's personal information, ask to have it deleted, and/or refuse to allow any further collection or use of his or her child's information. To do any of the foregoing, please contact the Wise Cleveland Site operator through one of the methods listed above.

2. Content

"Wise Cleveland Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, data, graphics, logos, text, or other materials on the Wise Cleveland Site (except for third party content licensed to Wise Cleveland). Wise Cleveland owns exclusively all Wise Cleveland Content on the Wise Cleveland Site, unless otherwise indicated. This Wise Cleveland Content is protected under United States and International Copyright Laws. Except for the license granted herein, you have no rights in or to the Wise Cleveland Content.

For users of and visitors to the Wise Cleveland Site, Wise Cleveland grants you a personal, non-transferable, and nonexclusive right to access and use the Wise Cleveland Content solely for your personal use in accordance with these terms and conditions. No portion of any Wise Cleveland Content may be modified, copied, sold, leased, distributed, transmitted, made into derivative works, or used for any commercial purpose on behalf of any other person or entity.

3. Use of Site

You agree that you will not use the Wise Cleveland Site for any fraudulent, illegal, harassing or offensive activity. Further, you agree that you will not post on the Wise Cleveland Site any content which would infringe or violate the rights of any third party.

4. Reservation of Rights/Software Restrictions

Any and all rights and uses to any Wise Cleveland Content not expressly granted to you under these terms and conditions are hereby reserved by Wise Cleveland.

If you download any software from the Wise Cleveland Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is subject to the above limited right to use. Wise Cleveland retains all right, title and interest in and to the Software, including all intellectual property rights therein. You may not distribute, sell, or transmit the Software nor are you permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works. You acknowledge that the Software and all related technical information is subject to U.S. export controls under U.S. Export Administration Regulations, and by downloading Software, you agree to comply therewith.

5. Wise Cleveland Trademarks

Nothing herein shall be interpreted to mean, and Wise Cleveland does not grant to you, any right or license in any Wise Cleveland trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with Wise Cleveland, or its affiliates, in any manner whatsoever.

You acknowledge and agree that Wise Cleveland owns and shall retain all rights, title and interest in and to the Wise Cleveland Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, tradenames and other intellectual property rights inherent therein and appurtenant thereto.

6. Idea Submissions to Wise Cleveland

It is Wise Cleveland's policy not to accept unsolicited ideas, unless the person submitting the idea signs an Idea Submission Agreement. Wise Cleveland's Idea Submission Agreement is designed to protect Wise Cleveland and its affiliated companies should Wise Cleveland, for any reason whatsoever, decide against any submission.

If you choose to submit an idea to Wise Cleveland, it will be subject to the terms of the Idea Submission Agreement. If you wish to have Wise Cleveland review your proposal, you must request a copy of Wise Cleveland's Idea Submission Agreement which you must sign and send along with your proposal, and then Wise Cleveland will be willing to review your idea. In the event that Wise Cleveland has an interest in any third party idea, Wise Cleveland would then discuss with the person submitting the idea the basis upon which the parties would work together and a new agreement would replace Wise Cleveland's Idea Submission Agreement. However, Wise Cleveland is under no obligation to do so, and submission of an idea, even with a signed Idea Submission Agreement, does not in any way guarantee that Wise Cleveland will review any proposal.

7. Termination

You agree that Wise Cleveland, in its sole discretion, may terminate your use of the Wise Cleveland Site for any reason whatsoever, including, but not limited to, Wise Cleveland's belief that you have violated or acted inconsistently with these terms and conditions. Wise Cleveland may also, in its sole discretion and at any time, discontinue the Wise Cleveland Site and/or the services offered hereon. Termination of your access to the Wise Cleveland Site and/or any of the services hereon may be without notice, and you agree that Wise Cleveland will not be liable to you for any termination of your access to the Wise Cleveland Site and/or the services hereon.

8. Disclaimer of Liability

The Wise Cleveland Site may provide links to other sites maintained by parties other than Wise Cleveland ("Third Party Sites"), who are solely responsible for the content and materials on such Third Party Sites. Wise Cleveland makes no representations as to the content on the Wise Cleveland Site, or any Third Party Site. Wise Cleveland assumes no liability or responsibility for any errors or omissions in the content on the Wise Cleveland Site or any Third Party Site. Wise Cleveland does not warrant that the functions contained on the Wise Cleveland Site will be uninterrupted or error-free or that the servers that make the functions available are free of viruses or other harmful components. If your use of the Wise Cleveland Site or any Third Party Site or the content therein results in the need for servicing or replacing equipment or data, Wise Cleveland is not responsible for such costs and/or expenses.

THIS SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Wise Cleveland DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PROPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ADDITION, Wise Cleveland DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE FREE OF DEFECTS, INCLUDING WITHOUT LIMITATION, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OFs THIS SITE ASSUMES ALL COSTS IN CONNECTION WITH ANY SERVICING, REPAIR OR CORRECTIONS CAUSED BY USE OF THE SITE.

9. Limitation of Liability

You expressly understand and agree that Wise Cleveland (including but not limited to any subsidiaries or affiliates) will not be liable for any direct, indirect, incidental special, punitive, exemplary, or consequential damages that may result from your use of or your inability to use, the Wise Cleveland Site. You specifically acknowledge and agree that Wise Cleveland is not liable for any defamatory, offensive or illegal conduct of any third party or any Third Party Site.

10. Indemnification

You agree to indemnify, defend and hold harmless Wise Cleveland (including but not limited to any subsidiaries or affiliates) from and against any claims or demands, damages, liabilities, costs, charges and expenses, including reasonable attorney's fees, that Wise Cleveland may incur as result of your use of the Wise Cleveland Site, your violation of these terms and conditions, your violation of the rights of any third party or entity, or in any way relating to your conduct and/or use of the Wise Cleveland Site.

11. Linking to the Wise Cleveland Site

No link to the Wise Cleveland Site may be framed to indicate, either expressly or by implication, any sponsorship, advertising, endorsement or affiliation with any third party's products or services. Any links to the Wise Cleveland Site must be to the homepage. Deep linking within the Wise Cleveland Site is expressly prohibited.

12. Governing Law/Dispute Resolution

These terms and conditions are governed by the laws of the State of Ohio. You agree that any disputes relating to these terms and conditions or the use or content of the Wise Cleveland Site will be resolved by arbitration brought in Cleveland, Ohio, and conducted pursuant to the Dispute Resolution Rules of the American Arbitration Association. The decision rendered by the arbitrator shall be final, binding and conclusive, and judgment may be entered upon such decision by any court.

13. Severability

If any portion of these terms and conditions is held to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the terms and conditions, which will remain in full force and effect.

14. Entire Agreement

These terms and conditions constitute the entire agreement between Wise Cleveland and the users and viewers of the Wise Cleveland Site. The terms and conditions do not constitute a partnership, joint venture, or other relationship other than as expressly stated herein. No prior agreements, discussions or understandings, whether or oral or written, including, without limitation, past versions of these terms and conditions, will be binding on Wise Cleveland.

15. Agreement Modification

Wise Cleveland reserves the right, at its sole discretion, to modify, add or remove any portion or portions of these terms and conditions, in whole or in part, at any time. You acknowledge and agree that it is entirely your responsibility to review these terms and conditions from time to time to become aware of such changes.