This Site is owned and controlled by Lemnature. Content on this Site that is provided by Lemnature or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, service marks, logos, product and program names, slogans, and any compilation of the foregoing (collectively, “Content”), is the property of Lemnature and its licensors, as applicable, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Content located on this Site in connection with products or services that are not those of Lemnature, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Lemnature or its licensor’s respective property, or that otherwise infringes Lemnature’ or its licensors’ respective intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.
Use of this Site
You have a nonexclusive, nontransferable, limited, revocable right to use this Site solely to obtain information about Lemnature. The following requirements apply to your use of this Site: (a) you will not use any electronic communication feature of this Site for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, or threatening; (b) you will not upload, post, reproduce, or distribute any content, information, software, or other material that infringes on the intellectual property rights or other rights of any third party; and (c) you will not use this Site for any commercial purpose not expressly approved by Lemnature in writing.
On certain areas of this Site, you may be able to submit written posts and certain other materials (collectively, “User Content”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; (b) you will not post any content that infringes or violates the rights of any third party; (c) you will not impersonate any person or organization, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of this Site, or features of this Site.
By displaying, publishing, or otherwise posting any User Content on or through this Site, you hereby grant to Lemnature a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed, to the extent that such User Content is not deemed a work made for hire under the terms of any employment arrangement you may have with Lemnature. This license includes the right to host, index, cache, distribute, and tag any User Content. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on this Site, you otherwise have the right to grant the license set forth herein, and that use by Lemnature of your User Content you submitted will not infringe or violate the rights of any third party.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Lemnature reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Lemnature reserves the right to investigate suspected violations of these Terms.
Lemnature reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Lemnature to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY USING THIS SITE, YOU WAIVE AND HOLD HARMLESS LEMNATURE FROM ANY CLAIMS RESULTING FROM ANY ACTIONS TAKEN BY LEMNATURE DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEMNATURE OR LAW ENFORCEMENT AUTHORITIES.
Third Party Websites
You agree to indemnify and hold Lemnature, its affiliates, parents, subsidiaries, licensors, content providers, service providers, officers, directors, employees, equity holders and contractors (collectively, “Indemnified Parties”) harmless from any and all claims, damages, losses and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms by you or your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Lemnature or this Site. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
Lemnature makes no representations about the accuracy, reliability, completeness or timelines of the features of this Site, the Content, the User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Lemnature makes no representations regarding the amount of time that any Content or User Content will be preserved.
Lemnature does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Lemnature without the prior review and written approval of Lemnature.
You understand that Lemnature cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection, viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Lemnature does not assume any responsibility or risk for your use of the Internet.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LEMNATURE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF LEMNATURE HAS BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES, NOR SHALL LEMNATURE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, THE DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND LEMNATURE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES.
IN THOSE JURISDICTIONS THAT DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, LEMNATURE’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is formed or exists between you and Lemnature, and you do not have the power or the authority to obligate or bind Lemnature, as a result of these Terms or your use of this Site.
These Terms constitute a binding agreement between you and Lemnature and is accepted by you upon your use of this Site. These Terms constitute the entire agreement between you and Lemnature regarding the use of this Site. By using this Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
Lemnature may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Lemnature.
If any provision hereof is found by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall remain in full force and effect, and the affected provisions shall be revised so as to reflect the original intent of Lemnature hereunder to the maximum extent permitted by applicable law.
Governing Law and Venue
These Terms shall be governed by the laws of the State of Florida, in the United States of America, and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Florida. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Indian River County, Florida. These Terms operate to the fullest extent permissible by applicable law.
Class Action Waiver
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEB SITE, THESE TERMS, OR THE SUBMISSION OF OR THE USE OR DISTRIBUTION OF CONTENT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
You agree to bring any and all claims against Lemnature within one (1) year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
No failure or delay on the part of Lemnature in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any prior, current, subsequent or similar breach of any representation, warranty, covenant or agreement by you set forth herein.
Modification of Terms
From time to time, Lemnature may update this Site and these Terms. Your use of this Site after Lemnature posts any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Termination of Site
You understand and agree that you have no ownership rights to this Site or the materials and features therein. Lemnature may delete any or all User Content that you submit at any time, and without notice, for any reason or no reason whatsoever. Lemnature assumes no liability for any information removed from this Site and reserves the right to temporarily or permanently restrict your access to this Site.