Website terms and conditions of use
Effective as of: 2/01/2010 | Date of Last Revision: 5/01/2016
Welcome! Thank you for choosing to visit our website.
(a) resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, or the Site Materials or the Services;
(c) distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
(d) modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Services or any proprietary information related thereto; or
(i) use the Sites, the Site Materials or the Services other than for its intended purpose.
Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of LMTCE.COM and its suppliers or licensors as applicable, is strictly prohibited and will, among other things, terminate the license granted herein.
Repeat Infringer Policy In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, LMTCE.COM will terminate, in appropriate circumstances and at LMTCE.COM’s sole discretion, subscribers or account holders who are deemed to be repeat infringers.
LMTCE.COM may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints: If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a “Complaining Party”, may send a notification of such claimed infringement to the following E-Mail Address: email@example.com Upon notification, LMTCE.COM will require proof of claimed infringement in the form of a written communication provided to LMTCE.COM’s Designated Agent and include substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site.
(c) 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.
(d) Information reasonably sufficient to permit our or our designee’s contact with the Complaining Party, such as a current, valid address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
(e) A statement that the Complaining Party has 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.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such proof as described above, and upon verification of the validity of proof as described above, LMTCE.COM or the Designated Agent will remove or disable access to such material and give notice of a claim of copyright infringement to the user or subscriber who authored the claimed infringing content by means of any one or more of the following methods at LMTCE.COM’s sole option: a general notice on the Sites, electronic mail to the content provider’s email address in our records, or by written communication sent by first-class mail to such user’s postal address in our records.
Counter Notification: A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the Designated Agent a written communication containing the following:
(a) A physical or electronic signature.
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the Complaining Party who submitted the infringement notification or his, her or its principal or agent.
Upon receipt of such counter notification, LMTCE.COM will promptly provide the Complaining Party that provided the notice of claimed infringement with a copy of the counter notification, and inform that person or entity that LMTCE.COM will replace the removed material or cease disabling access to it in 10 business days. LMTCE.COM will replace the removed material and cease disabling access to it between 10 and 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site(s).
Trademarks:All logos and any other product or service name or slogan contained in the Sites are trademarks of LMTCE.COM or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of LMTCE.COM or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing LMTCE or any other name, trademark or product or service name of LMTCE.COM without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LMTCE.COM and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LMTCE.COM.
Hyperlinks:LMTCE.COM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of LMTCE.COM and LMTCE.COM is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Third Party Content and Applications: In addition to official pages on the Sites containing the content of LMTCE.COM in support of LMTCE.COM’s mission or related administrative business, our Sites may include third party content on the Sites and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The views expressed in such Third Party Content should not be construed as representing the views of LMTCE.COM. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the “Third Party Applications”). LMTCE.COM does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. LMTCE.COM is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk. Third Party Products, Services, Advertisements and Promotions LMTCE.COM may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. LMTCE.COM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-LMTCE.COM advertisers or third party information on the Sites.
User Content and Conduct The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services (“Interactive Areas”), including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites (“User Content”). Interactive Areas are provided “as is”. You are solely responsible for your use of such Interactive Areas and use them at your own risk. If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of LMTCE, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose LMTCE.COM or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive. You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user. LMTCE.COM takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor is LMTCE.COM liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, LMTCE.COM is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Accordingly, LMTCE.COM has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, LMTCE.COM reserves the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Sites at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites or through the Services at your sole cost and expense.
(a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to LMTCE.COM and its affiliates as herein provided:
(b) the User Content is accurate and not misleading; and
Representations; Registration Data; Account Security In consideration of your use of any of the Sites and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites and Services, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”);
(b) maintain and be solely responsible for the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to LMTCE.COM, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to LMTCE.COM.
Submissions Relating to Site(s) or Services: You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Services or LMTCE.COM provided by you by participating in surveys hosted by LMTCE.COM, or any third party vendors, on the Sites or related to the Sites, in the form of email, or any other submissions to LMTCE.COM, or any postings on the Sites, are non-confidential and shall be the sole property of LMTCE.COM, and that upon submission of such materials to LMTCE.COM you thereby assign without additional consideration all right, title or interest you may hold in such materials to LMTCE.COM.
LMTCE.COM shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Export Restrictions Any software and all underlying information and technology downloaded or viewed from this Sites or in connection with the Services (collectively the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries.
You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites and Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Financial Material Disclosure: The Sites, and any documents issued by LMTCE or LMTCE.COM and available through the Sites, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995, as amended. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the negative of these words. Forward-looking statements include, without limitation, statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements.
The information contained in the most recent LMTce, LLC Annual Reports to stockholders identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Neither LMTCE nor LMTCE.COM undertakes any obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases: The information contained within press releases issued by LMTCE or LMTCE.COM should not be deemed accurate or current except as of the date the release is posted. Neither LMTCE nor LMTCE.COM has the intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third Party Financial Information: LMTCE and LMTCE.COM may provide links to third party Web sites or services that contain financial or investment information about LMTCE.COM. As with all third party Web sites, Third Party Content and Third Party Applications, access to such Web sites and the information contained therein is provided as a convenience. Neither LMTCE nor LMTCE.COM monitors or has control over the content of third parties’ statements or Web sites. Accordingly, LMTCE and LMTCE.COM do not endorse, confirm or adopt these Web sites or any information contained therein, including, without limitation, analyst’s reports and stock quotes in any way relating to LMTCE, LMTCE.COM, any third party or otherwise. Neither LMTCE nor LMTCE.COM makes any representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Sites. Users visit these Web sites and use the information contained therein at their own risk.
Disclaimer: EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LMTCE.COM, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LMTCE AND LMTCE.COM DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. LMTCE AND LMTCE.COM DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LMTCE AND LMTCE.COM DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER LMTCE NOR LMTCE.COM IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE LMTCE AND LMTCE.COM ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, LMTCE AND LMTCE.COM CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LMTCE and LMTCE.COM each reserves the right to change or delete any and all Materials or Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by either LMTCE or LMTCE.COM. Limitation of Liability IN NO EVENT SHALL LMTCE, LMTCE.COM, THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE INFORMATION PROVIDED, THE INTERACTIVE AREAS, OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LMTCE OR LMTCE.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, INACCURACIES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LMTCE.COM’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LMTCE OR LMTCE.COM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LMTCE.COM FOR ACCESS TO OR USE OF THE SITES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SITES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY.
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