WEBSITE TERMS OF SERVICE

Last Modified: July 25, 2018

1. Acceptance

These Terms of Service (“Terms”) are entered into by and between You and Lode Data Systems, Inc. (“Company”, “we” or “us”), and govern your access to and use of the website referencing these Terms (the “Site”). Please read these Terms carefully before you use the Site. By using the Site, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

2. Access and Security

We reserve the right to revise or discontinue the Site, and any services or materials provided therein, in our sole discretion without prior notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access certain features of the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, or take other corrective action as necessary, if, in our opinion, you have violated any provision of these Terms.

3. Intellectual Property Rights

The Site (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other content providers, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. Excluding standard files required for routine non-commercial access to the Site (such as temporary copies in computer memory, browser cache files, etc.), you cannot reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, without our express written permission. Without limiting the foregoing, you are expressly prohibited from preparing modified copies of any materials from the Site, or deleting or altering any proprietary rights notices (such as copyright or trademark notices) from any materials on the Site.

No right, title or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by the Company and/or any authors or creators of Site content. Any use of the Site not expressly permitted by these Terms is a breach of these Terms, and may also violate copyright, trademark, and other laws.

4. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

5. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • With any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • In any manner (including via any software or routine) that attempts to interfere with the proper working of the Site, including without limitation through the use of any virus, Trojan horse, worm, or other malicious device, or via a denial-of-service attack or any other attempt to interfere with, access damage, or disrupt any part of the Site, or any server or other computing equipment on which the Site is stored.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

6. User Contributions

To the extent the Site contains any features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) materials (collectively, “User Contributions”) on the Site, the following terms shall apply:

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

7. Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Take appropriate action, including without limitation removal of any content or suspension of account(s), in relation to content that is subject to a takedown request pursuant to the Digital Millennium Copyright Act (“DMCA”).
  • Terminate or suspend your access to all or part of the Site for any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8. Third-Party Content

This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company, and we are not responsible for the content or accuracy of any materials provided by any third parties. We do not warrant the accuracy, completeness or usefulness of this information.

 

9. Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site, including but not limited to terms governing sale, shipping, returns, and other policies. Such terms, if any, are identified on the applicable web pages.

10. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

 

11. Geographic Restrictions

The owner of the Site is based in the state of Illinois in the United States. We provide this Site for use by persons located in the United States, and make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

12. Disclaimer of Warranties

THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

13. Limitation on Liability

For this Limitation of Liability section, “Company” shall refer to Lode Data Systems, Inc. as well as its parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of their respective officers, directors, employees, contractors, licensors, suppliers, and agents.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM THE USE OF, INTERRUPTION IN, OR DISRUPTION TO THIS WEBSITE. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THEREWITH.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site (or any content therein), other than as expressly authorized in these Terms.

15. Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the appropriate federal or state court located in Cook County, Illinois, and the parties hereby waive any and all objections to personal jurisdiction or venue in such courts.

16. Waiver and Severability

No waiver by a party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17. Entire Agreement

These Terms, and any policy(s) referenced herein, constitute the sole and entire agreement between you and Company with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

18. Copyright Policy (DMCA)

We take claims of copyright infringement seriously, and respect the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law. You may request removal of materials (or access to them) from the Site by submitting written notification to our copyright agent designated below, consistent with the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”) (See http://www.copyright.gov/legislation/dmca.pdf). The written notice must include the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe is being infringed.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, address, phone number, and email address).
  • A statement, under penalty of perjury that (a) you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (b) that the information in the written notice is accurate; and (c) that you are authorized to act on behalf of the copyright owner.
  • Your acknowledgement that a copy of the notice, including your contact information, may be forwarded to a user associated with the accused content.

Our designated copyright agent to receive DMCA Notices is:

Bruce H. Lode, Executive Vice President
Lode Data Systems, Inc.
10609 West 159th Street
708-460-0999
bhlode@tamretail.com

It is our policy in appropriate circumstances to disable and/or terminate accounts associated with repeated infringement activity.

The provisions herein do not constitute legal advice, and we suggest that you consult a lawyer regarding any copyright or other legal issues. Please note that you may be liable for any material misrepresentations, including without limitation knowingly false removal requests, pursuant to Section 512(f) of the DMCA.

19. Communications and Concerns

This Site is operated by Lode Data Systems, Inc., located in Orland Park, Illinois.

All notices of copyright infringement claims should be sent to the copyright agent noted above. All other feedback and comments relating to the Site should be directed to: admin@tamretail.com.