Terms and Conditions
"Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our web sites.
1. For Your Convenience And Information Only Our web site is provided to you without charge for your convenience and information only and does not create any business or professional services relationship between you and LM Software by merely providing access to our web site content, we do not warrant or represent that:
- the content is accurate or complete;
- the content is up-to-date or current;
- we have a duty to update any content;
- the content is free from technical inaccuracies or typographical errors;
- the content is free from changes caused by a third party; or,
- your access to our web site will be free from interruptions, errors, computer viruses or other harmful components.
We do not assume any liability for these matters. In other words, you use our web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. Disclaimers OUR WEB SITE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Third Party Content We may provide hyperlinks or pointers to other web sites maintained by third parties. We may provide third party content on our web site by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content in any linked web site is not under our control, so we are not responsible for the content, including, but not limited to, any further links in a third party site. If you decide to access any of the third party sites linked to our web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items that may be of a destructive nature. The fact that we provide a link to a third party web site does not mean that we endorse, authorize or sponsor that web site. It also does not mean that we are affiliated with the third party web site's owners or sponsors.
4. Hyperlink to Our Web Site If a third party links to our web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by, or with, us. In most cases, we are not aware that a third party has linked to our web site. A web site that links to our web site: may link to, but not replicate, our content; should not create a browser, border environment or frame our content; should not imply that we are endorsing it or its products; should not misrepresent its relationship with us; should not present false information about our products or services; and should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
5. Transmitted Data We do not want to receive confidential or proprietary information from you through our web site. If you transmit to, or post on, our web site any material, data, information or idea by any means, it will be treated as non-confidential and non- proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy. You are not authorized to post on, or transmit to or from our web site, any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
6. Copyright Unless otherwise stated or indicated, the content contained within our web sites is proprietary and are protected by US copyright and worldwide copyright laws and treaty provisions. You may download one copy of the content on a single computer for informational, non- commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media. Any other use of the content in our web site, including commercial use, reproduction, modification, distribution, republication, display or performance without our prior written permission is strictly prohibited.
7. Trademarks The trademarks, service marks, and logos used and displayed and on our web site are our registered and unregistered trademarks. Nothing on this web site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our written permission. We aggressively enforce our intellectual property rights. The name of LM Software or our respective logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our web site, without prior written permission. You are not authorized to use our logos as a hyperlink to our web site unless you obtain our written permission in advance.
8. Compliance with Law; Applicable Law This site is controlled by us from our offices in Westport, Connecticut. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to the content on our web site or materials from jurisdictions where such access is illegal or prohibited is not permitted. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of US export laws and regulations. Use of this site with regards to sweepstakes entries, if any, must follow all applicable alternative means of entry laws. Any claims relating to our Web site and its content and materials shall be governed by the laws of the State of Connecticut without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties' obligations shall be brought exclusively in a federal or state court in Connecticut.
9. Indemnification You agree to indemnify, defend and hold harmless LM Software, Inc. and its respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
10. Termination Notwithstanding any of these terms and conditions, LM Software reserves the right, without notice and its sole discretion, to terminate your license to use this web site, and to block or prevent future access to, and use of, this web site.
11. Miscellaneous If any provision of these terms and conditions shall be deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.