All Pages © 2010, Lanamark, Inc. All Rights Reserved.
TERMS AND CONDITIONS OF USE
Please read these terms and conditions very carefully before using or registering for Lanamark’s web sites, including but not limited to www.lanamark.com, and web-based services (“Services”). These terms and conditions (“Agreement”) govern you accessing content and using Services. This Agreement between you (“you”) and Lanamark, Inc. (“Lanamark”), is subject to change by Lanamark as described below. DO NOT USE THE SERVICES UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. LOADING OR OTHERWISE USING THE SERVICES CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICES. Please note that the use of Lanamark Suite or other software (“Software”) is also subject to a separate Lanamark Master Software License Agreement (“SLA”) and in the event of a conflict between the SLA and this Agreement with respect to the software, the SLA shall govern.
- The Services are owned and operated by Lanamark. The Services and the content available through Services (“Content”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by Lanamark or the copyright owner to the fullest extent allowed by law.
- You acknowledge and agree that Lanamark may stop (permanently or temporarily) providing the Services (or any Services features) to you or to users generally at Lanamark’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Lanamark when you stop using the Services. You acknowledge and agree that if Lanamark disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials which is contained in your account.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Lanamark, unless you have been specifically allowed to do so in a separate agreement with Lanamark. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers, storage devices and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You, directly or indirectly, alone or with any other party, may not: (i) modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer Services, or remove proprietary legends in the Services; (ii) make Services available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use; or (iii) transfer Services to any third party for outsourcing or any other purpose. You agree that you are solely responsible for (and that Lanamark has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Lanamark may suffer) of any such breach.
- Lanamark may, in its sole discretion, provide you with updates to Services. Lanamark is under no obligation to provide you with any updates, support, or maintenance of Services. Furthermore, updates, support or maintenance of Software and Services may be provided by Lanamark pursuant to a separate written agreement.
- Lanamark reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through Services. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of Services or materials corresponding to Services; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall you frame any portion of Services, Content or any materials contained therein.
- While Lanamark uses reasonable efforts to ensure that Services include accurate and up-to-date information and Content, Lanamark makes no warranties or representations as to their accuracy. Lanamark assumes no liability or responsibility for any errors or representations in Services or Content.
- Services may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Lanamark is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- You may post comments, reviews, and other materials and submit suggestions, ideas, or other information, provided, the materials do not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party. You acknowledge that Lanamark shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. You agree to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. Lanamark has the right (but not the obligation) to remove, prohibit, edit or discontinue any Content available through Services, including content that has been posted by users.
- If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, you grant Lanamark and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Lanamark, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content, materials and data you provide to Services shall be your original work product or you shall have an appropriate license and it will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of Services in connection with any Content or third party content complies with all laws including, but not limited to, United States, Canada and international copyright laws. You will defend and indemnify Lanamark and its affiliates from any claims resulting from any content or materials you provide hereunder or your use of Services.
- At your discretion, you may provide feedback to Lanamark concerning the functionality and performance of Software and Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggest any Feedback, you hereby grant and agree to grant to Lanamark at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that Lanamark may disclose that Feedback to any third party in any manner and you agree that Lanamark has the ability to sublicense all Feedback in any form to any third party without restriction.
- Subject to the rights and licenses contained herein, you will have ownership rights to your underlying data. Lanamark may collect and analyze the data and data structures you submit or make available to Software and Services and your Services usage and activities in order to tailor Services to your needs and interests and to enhance your experience with Services.
- Services contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Lanamark may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
- You shall not transmit to Lanamark or upload to Services any Harmful Code or use or misappropriate the data in these Services for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
- Lanamark may retain and use, information collected in your use of Services, provided such information does not individually identify you.
- Lanamark may terminate your access to Services for any reason.
- The materials corresponding to Services are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Lanamark’ proprietary rights in them.
- THE MATERIALS, CONTENT AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. LANAMARK SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT AND MATERIALS MADE AVAILABLE THROUGH SERVICES. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, LANAMARK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LANAMARK OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, MATERIALS, CONTENT AND SERVICES, EVEN IF LANAMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. LANAMARK’S AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF LANAMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.