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Leonard Beetle.com Terms and Conditions

Last Updated:  June 30, 2004

Note: Your use of this website is subject to, and by using this website you agree to be bound to these Terms and Conditions.      

This website is provided by LeonardBeetle.com as a courtesy to our clients, potential clients, and investors.  This site contains material that is protected by copyright, trademark, or other laws.  It may be used subject to these Terms and Conditions.  If there are conflicts between these Terms and Conditions and any agreement with LeonardBeetle.com, the agreement will hold.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

LeonardBeetle.com exercises no control whatsoever over the content of the information passing through LeonardBeetle.com system. Use of any information obtained via LeonardBeetle.com is at User's risk. Neither LeonardBeetle.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does LeonardBeetle.com make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY LeonardBeetle.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER LeonardBeetle.com NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LeonardBeetle.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT LeonardBeetle.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, LeonardBeetle.com LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE TOTAL FEES ACTUALLY PAID BY YOU TO LeonardBeetle.com FOR THE PARTICULAR PRODUCT OR SERVICE IN QUESTION

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold LeonardBeetle.com, its affiliates, its licensers, its contractors or their officers, directors, employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation incurred or suffered by LeonardBeetle.com, its licensers, its affiliates, its contractors, or their officers, directors, employees as the result of any and all use of this site and violation from these Terms and Conditions whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify LeonardBeetle.com in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and LeonardBeetle.com shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

User(s) of this site may not:

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through this site for any purposes (other than as expressly permitted by the provider of such information, software or other material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the website  itself or derivative works with respect thereto;

LeonardBeetle.com has no obligation to monitor the Service. However, User agrees that LeonardBeetle.com has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself. LeonardBeetle.com will not intentionally monitor the website unless required by law. LeonardBeetle.com reserves the right to remove any information or materials from this site, in whole or in part, in its sole and absolute discretion.

LeonardBeetle.com may modify this Agreement from time to time.  It is User's responsibility to check this online area.  

This Agreement shall be governed by and construed in accordance with the laws of the of State of Massachusetts without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this website, Terms and Conditions, or Agreement, or the breach thereof, naming LeonardBeetle.com as the defendant, shall be proper only in a venue determined by LeonardBeetle.com.

In any action between LeonardBeetle.com and User to enforce any of the terms of this Agreement, LeonardBeetle.com shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between the user of this website and material on this website and LeonardBeetle.com.

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