1. Changes in Terms. LBi Software, Inc. ("LBi" or "us" or "we") may amend, revise or delete these Terms at any time without notice. All changes are effective immediately when we post them, and apply to all access to and use of this Site thereafter. Your continued use of this Site following any changes signifies that you agree to be bound by such changes. You are advised to check this page from time to time so that you are aware of any changes, as they are binding on you.
3. Your Use of this Site. You may only access and use this Site for informational purposes and as otherwise provided in these Terms. You must not access or use for any commercial purposes any part of this Site or any services or materials available through this Site. You must not use this Site in any way which may cause damage to this Site or impairment of the availability or accessibility of this Site, or in any way which is unlawful, fraudulent or harmful. Unauthorized use of this Site may give rise to a claim for damages and/or may amount to a criminal offense.
You agree not to (1) use this Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this Site; (2) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Site, the server on which this Site is stored, or any server, computer, or database connected to this Site; or (3) otherwise attempt to interfere with the proper working of this Site.
Your access to and use of this Site may be periodically interrupted by LBi, in its absolute and sole discretion, or due to events beyond LBi's control. We reserve the right, without having to give prior notice, to change, discontinue, restrict or prevent access to this Site or the Contents or any portion or feature hereof, at any time and from time to time. We will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period.
4. Intellectual Property Rights. This Site and its entire contents, including but not limited to, information, software, materials, text, photographs, graphics, logos, artwork, video, and audio, and the design, selection and arrangement thereof (collectively, the "Contents") are owned by us or our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your use of this Site and of the Contents does not entitle you to any ownership rights or intellectual property claims to the Contents. Nothing contained in these Terms confers or implies a license or right to use any trademark, design right or copyright on this Site and all rights not expressly granted are reserved by us. You assume sole responsibility for any damage caused, whether directly or indirectly, by your infringement of our intellectual property rights and/or by your transmission, use, distribution, redistribution, or replication, of any of the Contents in violation of these Terms.
You must not transmit, distribute, transfer, replicate, download, publish, post, copy, or republish any of the Contents in any manner, except as follows: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of this Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (4) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: (1) remove or alter any intellectual property or ownership notice from the Contents; (2) tamper with, disassemble, decompile, or reverse engineer any software materials; or (3) modify, alter or create derivative works of the Contents or use them commercially or for any public sale, rental, display, or performance. You may not provide links to, metatag, or frame this Site without LBi’s prior written consent in each instance. Any use of the Contents which breaches these Terms (or their spirit) may violate intellectual property, copyright, trade mark and other proprietary rights, and have civil and criminal consequences. LBi reserves all rights and remedies with respect to any such breach.
We do not claim any ownership rights or intellectual property claims to any third-party names, trademarks, or service marks, appearing on this Site and in the Contents. The names of actual companies and products mentioned in this Site may be the trademarks of their respective owners.
Our name and logo, the term LBi SOFTWARE, and all related names, logos, product and service names, designs, and slogans are trademarks of LBi or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Any use of this Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
5. Social Media Features. This Site may provide certain social media features that enable you to link from your own or certain third-party sites to certain content on this Site, send emails or other communications with certain content, or links to certain content, on this Site, and cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party sites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (1) establish a link from any site that is not owned by you; (ii) cause this Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (iii) link to any part of this Site other than the homepage; or (iv) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
6. Links from this Site. If this Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only and does not imply endorsement by us of the other site or any association with that site. We do not control the contents of such site, are not responsible for and do not accept any liability in connection with the contents of any linked site or any link contained in a linked site or any changes or updates to such sites, and use of any linked site is at your own risk and subject to the terms and conditions of use for such sites. The inclusion of such links in this Site is for convenience only a. We may disable all or any social media features and any links at any time without notice in our discretion.
7. Changes to this Site. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Site may be out of date at any given time, and we are under no obligation to update such material.
8. Violations. We will prosecute all violations of our proprietary rights and of any other violation of these Terms to the fullest extent permissible under applicable state, federal and/or international law.
9. No Warranty; Limitation on Liability. This Site is provided 'as is' and on an 'as available' basis. We make no representations or warranties whatsoever as to the accuracy, timeliness, performance, completeness, compatibility or suitability of the information and materials found or offered on this Site. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We do not warrant that this Site or any material available on or downloaded from it will be free from viruses or defects. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent permitted by law, we disclaim all warranties (whether express or implied), including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. Your use of any information or materials on this Site is entirely at your own risk. You hereby waive any and all claims against us arising out of your use or inability to use this Site or the Contents.
To the fullest extent permitted by law, under no circumstances will we, our licensors, service providers, employees, agents, officers, or directors be liable to you for damages of any kind, under any legal theory, including, but not limited to, direct, indirect, special, punitive, incidental, or consequential damages (including, but not limited to, damages for inability to use this Site or access the Contents, loss of business, loss of profits, business interruption, loss of data or the like), arising out of the use of or inability to use this Site, the Contents, or any linked site, even if we have been advised of the possibility of such damages.
10. Indemnification. You agree to defend, indemnify and hold harmless LBi, 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 this Site, including, but not limited to, any use of the Content other than as expressly authorized in these Terms or your use of any information obtained from this Site.
11. Governing Law and Jurisdiction. These Terms and your use of this Site are governed by and shall be construed according to the laws of the State of New York. Any action, suit, or proceeding arising out of or relating to these Terms or this Site must be brought in a federal or state court in Suffolk County, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Waiver; Severability. No waiver by us of any term or condition set out 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. The failure by us to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason any portion of these Terms is held to be invalid, unlawful or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of these Terms will remain in full force and effect.
14. Your Comments and Concerns. This Site is owned and operated by LBi Software, Inc., 999 Walt Whitman Rd, Melville, NY 11747. All feedback, comments, requests for technical support, and other communications relating to this Site should be directed to firstname.lastname@example.org.
These Terms were last updated on 6/25/2019.