This agreement (hereinafter, the “Agreement”) between LITHOLYTE Corporation LLC, (hereinafter LITHOLYTE “us” or “we”) and you sets forth the terms and conditions which govern your use of any of the LITHOLYTE or LITHOLYTE sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by LITHOLYTE.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. LITHOLYTE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
Neither the Sites nor the Services are intended for use by anyone under the age of 18. Each time you use the Sites, you signify your acceptance and agreement of the then-current version of these terms and conditions, and certify that you are above the age of 18. If you are under the age of 18, you certify that you have parent or guardian permission to use the Sites and Services, and your parent or guardian agrees to be bound by these terms and conditions:
Prohibited Activities
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not: a) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services; b) access the Sites or Services by any means other than through the standard industry-accepted or LITHOLYTE-provided interfaces; c) transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity; d) impersonate any person or entity, including without limitation, a LITHOLYTE official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity; e) post or transmit any material that contains a virus or corrupted data; f) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; g) use of any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text); h) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; i) violate any applicable local, state, national or international law; j) upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; k) delete or revise any material posted by any other person or entity; l) manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology; m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any LITHOLYTE product or Service if you are not expressly authorized by such party to do so; or n) use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the Site or the Services in any manner that could damage, disable, overburden or impair LITHOLYTE’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to LITHOLYTE through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
Consent to Receive E-mails
By using the Sites, you consent to receive e-mails from LITHOLYTE and its selected service partners, which may include commercial e-mails.
Billing and Renewal
Transactions and Policies Certain products or Services may be offered for sale on the Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by LITHOLYTE or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide LITHOLYTE or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by LITHOLYTE are subscription-based services. If you open a subscription-based account with LITHOLYTE, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. LITHOLYTE reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Automatic Renewal Terms: Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that LITHOLYTE will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all LITHOLYTE obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
Monitoring
LITHOLYTE has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
Accounts, Passwords and Security
If the Site or Services require you to open an account, you must complete the registration process by providing LITHOLYTE with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to LITHOLYTE which is untrue, inaccurate, not current or incomplete, LITHOLYTE reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify LITHOLYTE immediately of any unauthorized use of your account or any other breach of security. LITHOLYTE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by LITHOLYTE or another party due to someone else using your account or password.
Privacy Policy
We are committed to protecting any personal information that you may provide to us. We recognize the importance of informing you how we treat information about you that we may receive from this site. Collected Information: “Personal Information” is detailed information that can be used to identify an individual person (you), such as your name, mailing address, telephone number, fax number, and email address. We may also collect nonpersonal information – detailed information in a form that does not permit identification of any specific individual person (you), such as your domain name, occupation, language, zip code, and area code.
Use of Collected Information
From time to time, we will use your personal information to send important notices; such as communications about the services we provide to you and changes to our terms and conditions. As is true of most websites, we gather some information automatically and store it in log files. This information may include Internet protocol (ip) addresses, browser type and language, Internet service provider (isp), referring and exit pages, operating system, date/time stamp, and click stream data. Domain name information that we collect is not used to personally identify you. It is used to measure viewer statistics, such as the number of viewers that visit the site, pages viewed, etc. we use this information to measure the use of our site, and to improve the content of our site. We may collect, use, transfer, and disclose non-personal information for any purpose. If we combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Disclosure of Personal Information
We may disclose your personal information as may be required to governmental or regulatory entities in response to regulatory inquiries in connection with investigations or to comply with applicable law, rules, regulations, orders subpoenas, or other legal processes. We may also disclose information about you if we determine that disclosure is necessary or appropriate for purposes of national security, law enforcement, or other issues of public importance. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms of service or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale of our company we may transfer to the relevant third party any and all personal information we collect. In the event our privacy policy is modified due to such reorganization, merger or sale, or for any other reason, notice of the revised privacy policy will be posted on this website.
Disclosure to service providers and other third parties
At times we may make certain personal information available to service providers and strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared by us to provide or improve our products, services and advertising. We do not sell or rent the information you provide to us online to third parties.
Security of collected information
We maintain strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those of our employees who need to know the information to respond to your inquiry or request. Employees who misuse personal information are subject to disciplinary action.
Cookies
From time to time, our web pages may utilize “cookies.” these “cookies” allow us to better understand user behavior, recognize you as a prior user, determine which pages you have previously seen, and facilitate and measure the effectiveness of advertisements and web searches. We also use cookies to deliver content to you that you might be particularly interested in. we cannot determine your identity from our use of cookies.
Disclaimer Regarding Links
The links on the Site and/or Services may let you leave the particular Site or Service you are accessing in order to access a linked site (the “Linked Sites”). LITHOLYTE provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has LITHOLYTE reviewed or approved the content which appears on the Linked Sites. LITHOLYTE is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that LITHOLYTE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that LITHOLYTE shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Proprietary Rights
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of LITHOLYTE or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning LITHOLYTE or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Submission Materials”) or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to LITHOLYTE shall be fully paid-up and royalty free. In addition, under no circumstances shall LITHOLYTE have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of LITHOLYTE business through a merger, sale or transfer of all or substantially all of the assets of LITHOLYTE, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on LITHOLYTE’s part and we shall not be liable for any use or disclosure of any such Submission Materials.
Professional Advice Disclaimer
LITHOLYTE’S SITE DOES NOT PROVIDE MEDICAL OR COUNSELING ADVICE. NOTHING STATED OR POSTED ON OUR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITE IS CONTINUALLY UNDER DEVELOPMENT AND LITHOLYTE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT.
Advertisements and Promotions
LITHOLYTE may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than LITHOLYTE, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. LITHOLYTE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-LITHOLYTE advertisers on the Site.
Applicable Law and Venue
These Site Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the United States. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in the US and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Termination and Severability
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that LITHOLYTE, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content within the Site, at any time and for any reason.
Indemnification
You agree to indemnify, defend, and hold LITHOLYTE and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to LITHOLYTE or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason. Statements made and products sold through this website have not been evaluated by the FDA and are not intended to treat, cure or prevent any disease. Use under medical supervision.
Miscellaneous
The terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the site, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. Our failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the terms remain in full force and effect.