Terms of Use
TERMS OF USE
The Terms of Use set forth herein (“Terms of Use”) applies to use of
the
resources comprising the Internet Web site located at
http://www.lp2cdsolutions.com
(the “Site”), owned, operated, licensed, or controlled by Hope Lives,
Inc.
(“Company”). Please read these Terms of Use carefully, they govern your
use
of the Web Site.
1. Acceptance. By accessing this
Web Site, you agree to be bound by
these Terms of Use which may be updated by Company from time to time
without
notice to you. Please check these Terms of Use periodically for
changes.
Continued use of the Web Site following the posting of changes to these
Terms
of Use shall mean you have read and accept such changes.
2. Use of Web Site Content. Unless
otherwise noted, all materials,
including images, illustrations, designs, icons, photographs, video
clips,
and written and other materials that are part of the Web Site are
copyrights,
trademarks, trade dress and/or other intellectual property owned,
controlled
or licensed by Company. No material from the Web Site may be copied,
reproduced,
republished, uploaded, posted, transmitted, or distributed in any way,
except
as explicitly provided by these Terms of Use.
You may view, download, and print contents from the Web Site subject to
the
following conditions: (a) the content may be used solely for
information
and not commercial purposes; (b) you shall keep intact all copyright
and
other proprietary notices; and (c) the content may not be modified or
altered
in any way.
3. Restrictions on Use of the Web
Site. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information
(including images, text, page layout, or form) of Company without the
express
written consent of Company. You may not use any meta tags or any other
“hidden
text” utilizing Company's name or trademarks without the express
written
consent of Company. You may not use any Company logo or other
proprietary
graphic or trademark as part of a hyperlink without the express written
permission
of Company.
Modification of the materials or use of the materials for any other
purpose
is a violation of Company’s copyright and other proprietary rights.
Except
as otherwise provided, the use of any material on any other Web site or
networked
computer environment is prohibited. All trademarks, service marks, and
trade
names are proprietary to Company.
Further, you shall not commit any of the following acts through your
use
of the Web Site:
A. transmit any content that is invasive of another's
privacy, hateful,
or racially, ethnically or otherwise objectionable;
B. use foul language or post links to adult-oriented
Web sites;
C. transmit any unsolicited or unauthorized
advertising, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other
form
of unrequested solicitation;
D. post advertising messages or solicitations, URLs
containing a referral
code or referral address, or links to businesses or pages with
advertising,
including “blind” or “hidden” referral links;
E. collect, store, use or disseminate personal data
or information about
other users in any manner whatsoever including but not limited to
solicitation
of products or services by mail, telephone or e-mail (e.g. e-mail
addresses).
4. Forums and Other Public
Communication. “Forum” shall mean a discussion
group, chat area, bulletin board, or e-mail function offered as part of
the
Web Site. You shall not upload to, distribute through, or otherwise
publish
through a Forum any content which is libelous, defamatory, obscene,
pornographic,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or
otherwise objectionable that would constitute or encourage a criminal
offense,
violate the rights of any person or entity, or that would otherwise
give
rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You shall not,
without
our express written approval, distribute or otherwise publish any
material
containing any solicitation of funds, promotion, advertising, or
solicitation
for goods or services. You specifically acknowledge that soliciting
other
guests of the Web Site to join or become members of any commercial
online
service or other organization is expressly prohibited.
By uploading materials to any Forum or submitting any materials to
Company,
you automatically grant (or warrant that the owner of such rights has
expressly
granted) Company a perpetual, royalty-free, irrevocable, non-exclusive
right
and license to use, reproduce, modify, adapt, publish, translate,
create
derivative works from and distribute such materials or incorporate such
materials
into any form, medium, or technology now known or later developed
throughout
the universe. In addition, you warrant that all so-called “moral
rights”
in those materials have been waived.
5. Privacy. It is the policy of
Company to respect the privacy of all
Web Site users. Therefore, in addition to the privacy of registration
data,
Company shall not monitor, edit, or disclose the contents of a guest's
e-mail
unless required in the course of normal maintenance of the Web Site and
its
systems or unless required to do so by law or in the good-faith belief
that
such action is necessary to: (i) comply with the law or comply with
legal
process served on Company; (ii) protect and defend the rights or
property
of Company; or (iii) act in an emergency to protect the personal safety
of
our users or the public. You shall remain solely responsible for the
content
of your messages.
6. Indemnity. You shall indemnify and hold Company
harmless from and against
any and all liabilities, claims, costs, assessments, fees or expenses
of
any kind, including without limitation defense costs and attorneys’
fees
arising from or related in any way to (i) content or materials provided
by
you; (ii) any claim which, if proved, would breach any representation
you
have made herein; and (iii) any and all Third Party Claims arising out
of
any content or materials submitted by you or transmitted through this
Web
Site by you.
7. Termination. These Terms
of Use are effective as of the first date
materials from the Web Site are accessed by you (the “Effective Date”)
and
shall continue in effect until terminated by either party. User may
terminate
the agreement formed by these Terms of Use at any time by destroying
all
materials obtained from the Web Site and all related documentation and
all
copies and installations thereof, whether made under these Terms of Use
or
otherwise. These Terms of Use shall terminate immediately without
notice
from Company and your right to access the Web Site shall immediately
cease,
if in Company's sole discretion, you fail to comply with any term or
provision
of these Terms of Use. Upon termination, you shall destroy all
materials
obtained from the Web Site and all copies thereof, whether made under
the
terms of these Terms of Use or otherwise.
Company may, at its sole discretion, and at any time, discontinue
providing
the Web Site, or any part thereof, with or without notice. You agree
that
any termination of your access to the Web Site under any provision of
these
Terms of Use may be effected without prior notice. Further, you agree
that
Company shall not be liable to you or to any third party for any
termination
of your access to the Web Site.
8. Links to the Web Site. You
recognize and agree that the materials
contained in the Web Site are proprietary to Company and that such
materials
have substantial commercial value to Company. You shall not link to any
page
in the Web Site, including the home page, without Company’s prior
written
consent. In the event that you or your agents desire to hyperlink to
any
page in the Web Site you shall first request permission from Company in
writing.
Your request shall state the following: (a) your name and contact
information;
(b) the nature of the Web site on which you wish to include such link;
(c)
the internet address(es) of the linking Web site(s) or Web page(s), as
appropriate;
(d) the intended purpose of the proposed link (e.g. commercial or
educational);
and (e) the page(s) on the Web Site to which you wish to link.
9. Jurisdiction. Unless otherwise
specified, the materials in this
Web Site are presented solely for the purpose of promoting publications
and
other products available in the United States, its territories,
possessions,
and protectorates. The Web Site is controlled and operated by Company
from
its offices within the State of Illinois, United States of America.
Company
makes no representation that materials in this Web Site are appropriate
or
available for use in other locations. Those who choose to access this
Web
Site from other locations do so at their own risk and are responsible
for
compliance with local laws, if and to the extent local laws are
applicable.
10. Disclaimer. THE MATERIALS IN
THIS WEB SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL
WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE
CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THE WEB
SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES
NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE
USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY,
RELIABILITY, OR OTHERWISE.
11. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY
DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY
TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF COMPANY OR A COMPANY
AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO
EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED
TO
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF
ANY,
FOR ACCESSING THIS WEB SITE.
12. Links to Outside Web Sites and
Services. To the extent that this
Web Site contains links to outside services and resources, Company does
not
control the availability and content of those outside services and
resources.
Any concerns regarding any such service or resource, or any link
thereto,
should be directed to the particular service or resource.
13. Copyrights and Copyright
Agents. If you believe that your work
has been copied in a way that constitutes copyright infringement, or
your
intellectual property rights have been otherwise violated, please
provide
Company’s Copyright Agent the following information:
A. an electronic or physical signature of the person
authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
B. a description of the
copyrighted work or other intellectual property
that you claim has been infringed;
C. a description of where the
material that you claim is infringing
is located on the Web Site;
D. your address, telephone number,
and email address;
E. a statement by you that you
have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under
penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
or
intellectual property owner or authorized to act on the copyright or
intellectual
property owner's behalf.
Company’s Agent for notice of claims of copyright or other intellectual
property
infringement can be reached as follows:
By mail:
Copyright Agent
c/o David M. Adler, Esq.
& Assoc., PC
2 N. LaSalle Street, Suite 1600
Chicago, IL 60602
By phone: (866) 734-2568
By email: copyright@ecommerceattorney.com
14. Miscellaneous. These Terms of
Use shall be governed by and construed
in accordance with the laws of the State of Illinois. You agree that
any
action at law or in equity arising out of or relating to these Terms of
Use
shall be litigated only in the state or federal Courts located in Cook
County,
Illinois and you hereby consent and submit to the personal jurisdiction
of
such Courts for the purposes of litigating any such action. If any
provision
of these Terms of Use shall be unlawful, void, or for any reason
unenforceable,
then that provision shall be deemed severable from these Terms of Use
and
shall not affect the validity and enforceability of any remaining
provisions.
No waiver of any term or condition of these Terms of Use shall be valid
or
binding on Company unless the same shall have been set forth in a
written
document, specifically referring to these Terms of Use and duly signed
by
Company. The failure of Company to enforce at any time any of the
provisions
of these Terms of Use shall in no way be construed to be a present or
future
waiver of such provisions, nor in any way affect the ability of Company
to
enforce each and every such provision thereafter.
Home
| Price
List | Order
Form | How
It's Done | Graphics
| Lead Times
| Links 2 Buy
Lp's | Terms
of use
Copyright 2004 lp2cdsolutions, Inc.