THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE “SITE”) OF LASHBACK®, LLC (“LASHBACK®”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT LASHBACK® AND ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE PRODUCTS, SERVICES AND PROGRAMS DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER AGREE THAT LASHBACK® CAN REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
General Use Restrictions
All documents and other information provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by LASHBACK®. LASHBACK® grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the LASHBACK® copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use and is not to be distributed or otherwise transmitted outside of your home or company, or otherwise broadcast or reposted in any media. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials.
You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
Any computer software which may be downloaded or is otherwise available from the Site is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. You will not be able to use, download or install any software unless you agree to the terms of such license agreement. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the Site without LASHBACK®’s express prior written consent. LASHBACK® and its licensors retain title to any such software downloaded from the Site and you are granted only a non-exclusive license to use such software in accordance with the applicable license agreement. Such software is warranted, if at all, only according to the terms of the license agreement. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, LASHBACK® DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LASHBACK® and its licensors reserve all other intellectual property rights in and relating to such software.
Third Party Content
Certain information and content may be provided by third parties to LASHBACK® (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.
You agree not to “frame” or “mirror” any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of LASHBACK® or its licensors, respectively.
Links to Third Party Websites
Protected Areas of the Site
Certain areas of the Site are password restricted to registered users (“Password Protected Areas”). If you are a registered user of the Password Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify LASHBACK® of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
Your online purchases of LASHBACK® products are hosted and managed by third party providers. When you make online purchases of LASHBACK products our third party fulfillment provider collects all information necessary to execute your order.
You acknowledge that any unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your email address or password. As such, you agree to hold LASHBACK® entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by LASHBACK® in relation to, arising from or for the purpose of avoiding any claim or demand brought by a third party that your use of the Site or the use of the Site by any person using your password or email address violates any applicable law or regulation, or the rights of any third party.
LASHBACK® is a trademark of LASHBACK® in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners.
All information and screens appearing on this Site including documents, products, software and services, graphics, text elements, website design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of LASHBACK®, Copyright © 2003 LASHBACK®, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
LASHBACK® RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE LASHBACK®’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 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;
(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.
LASHBACK®’s Copyright Agent for notice of claims of copyright infringement on its website is firstname.lastname@example.org.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by LASHBACK®, and agree that LASHBACK® does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that LASHBACK® has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by LASHBACK® or its licensors.
LASHBACK®, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LASHBACK® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL LASHBACK® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF LASHBACK® HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
LASHBACK® controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.
LASHBACK® does not monitor your data or transmissions; yet, LASHBACK® does actively monitor overall Site usage for system utilization. You agree that if LASHBACK® becomes aware of inappropriate use of the Site or any LASHBACK® service, LASHBACK® may respond. You acknowledge that LASHBACK® will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, LASHBACK® will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, LASHBACK® reserves the right to terminate your access to the Site without notice. Any action related to these Terms will be governed by Missouri law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of MO, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. The failure of LASHBACK® to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LASHBACK® in writing. The Terms comprise the entire agreement between you and LASHBACK® and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.