Terms of Use Agreement
Welcome to our Web site. By using our site, you are agreeing to
comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these
terms, you should not use this site. The term “laminatefloorings.net” or “us” or “we” or “our” refers
to LegalDocs Online, Inc., the owner of the Web site. The term “you” refers
to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time
by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right
in such information and materials. Some of the content on the site
is the copyrighted work of third parties.
3. Service Marks.
"
_______________________________.com" and others are our service
marks or registered service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks of their respective
owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site solely for
internal, personal, non-commercial purposes and provided that you maintain
all copyright and other policies contained therein. No print out or
electronic version of any part of the Site or its contents may be used
by you in any litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as “Content and
Materials”) therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise make available
in any form or by any means all or any portion of the Site or any Content
and Materials retrieved therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works
of any Content and Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in the
Site; (f) make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble or reverse
engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic
or manual process to harvest information from the Site; (i) use the
Site for the purpose of gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions; (j)
use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k)
export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal documents
(collectively, “Documents”). All Documents are provided
on a non-exclusive license basis only for your personal one-time use
for non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided
for a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS
IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”,
AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult with legal
counsel to determine the appropriate legal or business documents necessary
for your particular transactions, as the Documents are only samples
and may not be applicable to a particular situation. Some Documents
are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in
or linked to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not a law firm
and the Site is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site does not engage
in illegal or pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem
in the advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may require you
to register. If registration is requested, you agree to provide us
with accurate, complete registration information. Your registration
must be done using your real name and accurate information. Each registration
is for your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible
for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will be
corrected. We do not represent or warrant that the information available
on or through the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing
on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume no liability
for any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations
or any other form of content on the Site. You understand that the information
and opinions in the third party content represent solely the thoughts
of the author and is neither endorsed by nor does it necessarily reflect
our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of
this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any
password or right given to you to obtain information or documents is
not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b).
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in
or omissions from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or any features thereof,
(c) your use of the Site, (d) the content contained on the Site, or (e) any
delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE
SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and
nature everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product
or service providers ("Merchants") from which you may
purchase certain goods or services. You understand that we do
not operate or control the products or services offered by Merchants.
Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant
sites. We are not responsible for information provided by you
to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or
commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part
of this Agreement. You must review this Privacy Policy by clicking
on this link.
22. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you
supply is true and complete, (ii) charges incurred by you will
be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and
service offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and
similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does
not constitute an offer or a solicitation of an offer for sale
of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you
to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide
our 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 interest;
b. A description of the copyrighted work that you claim has been
infringed;
c. A description of where the material that you claim is infringing
is located on the 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; and
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 owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright
Agent at customerservice@_______________________________.com
26. Information and Press Releases.
The Site contains information and press releases about us. We
disclaim any duty or obligation to update this information or
any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use
of the Site and the Content and Materials provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly
from us, we will refund you your purchase price within 30 days
of you notifying us in writing of your desire for the refund,
together with the reason for the request, with the product or
service returned to us in substantially the same condition as
when purchased. Please note , however, that certain products and
services mentioned on our site are sold by third parties or are
linked to third party Web sites, and we have no responsibility
or liability for those products or services. You may request a
refund by contacting us by email at customerservice@________________________.com.
You may obtain any additional information concerning our refund
and return policy, including our mailing address, by contacting
us at customerservice@________________________.com.
29. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in San Francisco, California, and shall be governed
by and construed in accordance with the laws of the State of California
(without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within
one (1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set
forth in Section 16 and Section 17. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for
or against any party. This Agreement and all incorporated agreements
and your information may be automatically assigned by us in our
sole discretion to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be held invalid
or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights
under this Agreement shall survive any termination of this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by us to collect or recover damages for, or obtain any injunction
relating to, Site operations, intellectual property, and our services,
shall be settled solely by binding arbitration in accordance with
the commercial arbitration rules of JAMS. Any such controversy
or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in San
Francisco, California, and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either
you or us may seek any interim or preliminary relief from a court
of competent jurisdiction in San Francisco, California necessary
to protect the rights or property of you and us pending the completion
of arbitration. Each party shall bear one-half of the arbitration
fees and costs incurred through JAMS.
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