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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. |