1. Definitions.
The "LLE Web site" is the interactive online service operated by CyraCom International,
Inc. (CyraCom) on the World Wide Web of the Internet, consisting of information
services and content provided by LLE, affiliates of LLE and other third
parties. "Visitor" means each person who establishes or accesses a connection ("Account")
for access to and use of the LLE Web site.
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of the LLE Web site, including, but not limited to, supplemental
terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing
the use of certain specific material contained in the LLE Web site, sets forth
the terms and conditions that apply to use of LLE Web site. By using the LLE
Web site (other than to read this Agreement for the first time), Visitor agrees
to comply with all of the terms and conditions hereof. The right to use the LLE
Web site is personal to Visitor and is not transferable to any other person or entity.
Visitor is responsible for all use of Visitor's Account (under any screen name or
password) and for ensuring that all use of Visitor's Account complies fully with
the provisions of this Agreement. Visitor shall be responsible for protecting the
confidentiality of Visitor's password(s), if any.
(B) LLE shall have the right at any time to change or discontinue
any aspect or feature of the LLE Web site, including, but not limited to, content,
hours of availability, and equipment needed for access or use.
3. Changed Terms.
LLE shall have the right at any time to change or modify the terms and conditions
applicable to Visitor's use of the LLE Web site, or any part thereof, or to
impose new conditions, including, but not limited to, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not limited to,
posting on the LLE Web site, or by electronic or conventional mail, or by any
other means by which Visitor obtains notice thereof. Any use of the LLE Web
site by Visitor after such notice shall be deemed to constitute acceptance by Visitor
of such changes, modifications or additions.
4. Equipment.
Visitor shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the LLE Web site
and all charges related thereto.
5. Visitor Conduct.
(A) Visitor shall use the LLE Web site for lawful purposes
only. Visitor shall not post or transmit through the LLE Web site any material
which violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without LLE's express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct by a Visitor
that in LLE's discretion restricts or inhibits any other Visitor from using
or enjoying the LLE Web site will not be permitted. Visitor shall not use the
LLE Web site to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become visitors of other online
information services competitive with the LLE Web site.
(B) LLE Web site contains copyrighted material, trademarks
and other proprietary information, including, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of the LLE
Web site are copyrighted as a collective work under the United States copyright
laws. LLE owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Visitor may not modify,
publish, transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part. Visitor may download
copyrighted material for Visitor's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted without the
express permission of LLE and the copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material, no changes in or
deletion of author attribution, trademark legend or copyright notice shall be made.
Visitor acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
(C) Visitor shall not upload, post or otherwise make available
on the LLE Web site any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining that any material
is not protected by copyright rests with Visitor. Visitor shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting material to any
public area of the LLE Web site, Visitor automatically grants, or warrants that
the owner of such material has expressly granted LLE the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material. Visitor
also permits any other Visitor to access, view, store or reproduce the material
for that Visitor's personal use. Visitor hereby grants LLE the right to edit,
copy, publish and distribute any material made available on the LLE Web site
by Visitor.
(D) The foregoing provisions of Section 5 are for the benefit of
LLE, its subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such provisions directly
or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF LLE Web site IS
AT SUBSCRIBER'S SOLE RISK. NEITHER LLE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LLE
Web site WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF LLE Web site, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
LLE Web site.
(B) LLE Web site IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT LLE IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL LLE, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING LLE Web site OR THE LLE Web site
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE LLE Web site. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON LLE Web site.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, LLE,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LLE
Web site, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
LLE, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, LLE,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE
THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
LLE shall have the right, but not the obligation, to monitor the content of
LLE Web site, including chat rooms and forums, to determine compliance with
this Agreement and any operating rules established by LLE and to satisfy any
law, regulation or authorized government request. LLE shall have the right in
its sole discretion to edit, refuse to post or remove any material submitted to
or posted on LLE Web site. Without limiting the foregoing, LLE shall have
the right to remove any material that LLE, in its sole discretion, finds to
be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Visitor agrees to defend, indemnify and hold harmless LLE, its affiliates and
their respective directors, officers, employees and agents from and against all
claims and expenses, including attorneys' fees, arising out of the use of LLE
Web site by Visitor or Visitor's Account.
9. Termination.
Either LLE or Visitor may terminate this Agreement at any time. Without limiting
the foregoing, LLE shall have the right to immediately terminate Visitor's Account
in the event of any conduct by Visitor which LLE, in its sole discretion, considers
to be unacceptable, or in the event of any breach by Subscriber of this Agreement.
The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive
termination of this Agreement.
10. Trademarks.
LLE, LLE Web site and each of their logos are trademarks of LLE International,
Inc. All rights reserved. All other trademarks appearing on LLE Web site are
the property of their respective owners.
11. Third Party Content.
LLE is a distributor (and not a publisher) of content supplied by third parties
and Visitors. Accordingly, LLE has no more editorial control over such content
than does a public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by
third parties, including information providers, Visitors or any other user of LLE
Web site, are those of the respective author(s) or distributor(s) and not of LLE.
Neither LLE nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness for
any particular purpose. (Refer to Section 6 above for the complete provisions governing
limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the LLE Web site represents
the opinions and judgments of the respective information provider, Visitor, or other
user not under contract with LLE. LLE neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement made on the
LLE Web site by anyone other than authorized LLE employee spokespersons
while acting in their official capacities. Under no circumstances will LLE be
liable for any loss or damage caused by a Visitor's reliance on information obtained
through the LLE Web site. It is the responsibility of Visitor to evaluate the
accuracy, completeness or usefulness of any information, opinion, advice or other
content available through LLE Web site. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information, opinion, advice
or other content.
12. Miscellaneous.
This Agreement and any operating rules for the LLE Web site established by LLE
constitute the entire agreement of the parties with respect to the subject matter
hereof, and supersede all previous written or oral agreements between the parties
with respect to such subject matter. This Agreement shall be construed in accordance
with the laws of the State of Arizona, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
LLE respects the rights of all copyright holders and in this regard, LLE
has adopted and implemented a policy that provides for the termination in appropriate
circumstances of subscribers and account holders who infringe the rights of copyright
holders. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide LLE's Copyright Agent the following information
required by the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit us to contact the complaining party;
- 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; and
- 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.
LLE's Copyright Agent for notice of claims of copyright infringement on or regarding
this site can be reached as follows:
Copyright Agent
VP of Marketing
CyraCom International, Inc.
5780 N. Swan Rd.
Tucson, AZ 85718
14. Supplemental Terms.
None.
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