Terms of Service
1. DESCRIPTION OF SERVICES.
2. ACCEPTANCE OF TERMS.
You agree that your use of the Site and the Services are subject to this Agreement. You are only authorized to use the Site and the Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with the TOU in this Agreement, you should leave the Site and discontinue use of the Services.
LPA may modify this Agreement from time to time, with or without notice to you, and such modifications shall be effective upon posting by LPA on the Site. You agree to be bound by any changes to this Agreement when you use the Site or the Services after any such modification is posted. It is therefore important that you review the TOU in this Agreement regularly to ensure that you are updated as to any changes.
This Agreement, and any posted revisions to the TOU in this Agreement, shall remain in full force and effect while you use the Site and the Services.
3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
4. LICENSE OFCONTENT ON BLOG.
By posting, publishing, uploading or displaying content, digital media, information, Web links, comments, images, text, files, photographs, videos, messages, communications or any other materials or worksof authorship (collectively, "Content") of any kind on the POCKETWIZARD blog ("Blog"), you grant LPA, its affiliates, and agents an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, edit, move, distribute, transmit, display, perform, adapt, and publish any such Content for any purpose on or through the Site via any media channels now known or later developed, without notice. You represent and warrant that you own the Content posted by you on the Blog or otherwise have the proper authorization to grant this license. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on the Site or using the Blog.
5. LINKS TO THIRD PARTY WEBSITES
6. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
PRODUCTS DISPLAYED ON THE SITE ARE SUBJECT TO THE WARRANTIES PROVIDED IN THE WARRANTY MATERIALS ACCOMPANYING THE PRODUCTS. ALL OTHER INFORMATION, MATERIALS, CONTENT, AND SERVICES ON THE SITE ARE SUBJECT TO THIS AGREEMENT AND ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY LPA. LPA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIAL, CONTENT, AND SERVICES INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL LPA, NOR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION OR SERVICES AVAILABLE ON THE SITE OR FAILURE TO PROVIDE SERVICES BY LPA, WHETHER OR NOT LPA KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
LPA DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. LPA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ANY COMPUTER OF ANY PERSON OR ENTITY USING THE SITE. LPA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON'S OR ENTITY'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL LPA, NOR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES.
THE BLOG IS HOSTED BY AUTTOMATIC INC. ("AUTTOMATIC") THROUGH ITS WEB SITE AT WORDPRESS.COM. ACCORDINGLY, BY USING THE BLOG, YOU ARE SUBJECT TO THE TERMS OF SERVICE ON WORDPRESS.COM. NOTWITHSTANDING THE FOREGOING, LPA IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY, TO YOU OR TO ANY THIRD PARTY, WITH RESPECT TO ANY MATERIAL POSTED BY ANYONE ON THE BLOG, INCLUDING DEFAMATORY, OFFENSIVE OR ILLICIT MATERIAL.
IN ANY CASE, LPA'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500). THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE LPA, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU ACKNOWLEDGE AND AGREE THAT LPA WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.
5. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Site and the Services, you will not use the Site or the Services for any purpose that is unlawful or prohibited by this Agreement. LPA reserves the right to investigate and take appropriate legal action against anyone who, in LPA's sole discretion, violates this provision, including, without limitation, denying, restricting, suspending or terminating your access to all or any part of the Site or the Services, with or without prior notice or explanation, and without liability to LPA. LPA has no obligation to take any of the above-referenced actions. The Blog is hosted by Auttomatic through its website at WordPress.com. If you use theBlog, you will be subject to the Auttomatic's Terms of Service atWordPress.com. The following prohibitions apply to all of the Services on the LPA Site. You will not:
5.1 Use the Site or the Services in any manner that could damage, disable, overburden, or impair any of the Site's servers or the network(s) connected to any of the Site's servers, or interfere with any other party's use and enjoyment of the Site or the Services.
5.2 Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any Site server or to any of the Services, through hacking, password mining or anyother means.
5.3 Obtain or attempt to obtain any materials or information through any means not intentionally made available through theSite or the Services.
5.4 Use the Site or the Services in any manner which is inconsistent with or violates any applicable laws or regulations.
5.5 Post, upload, disseminate, link to, use, modify, copy, reproduce, republish, transmit or otherwise make available anywhere any content, articles, digital media, information, Web links, comments, images, text, files, photographs, videos, messages, communications, or any other materials or works of authorship, which are made available through the Site or the Services, which in any manner infringes any copyright, trademark, patent, trade secret, or other personal or proprietary right of any party.
6. SUBMISSION POLICIES.
6.1 Unsolicited Idea Submissions. We welcome your comments and feedback about the Site and the Services. However, LPA does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to original ideas for new advertising campaigns, promotions, products, services, technologies, processes, marketing plans or new product/service names. Please do not send LPA such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when LPA's services, products or marketing strategies appear similar to ideas submitted to LPA. All such submissions to LPA are considered the property of LPA. LPA does not have an obligation to protect the confidentiality of any such submission. LPA will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third party provider of such submission.
6.2 Content, Article, Graphic and Photograph Submissions. LPA welcomes and accepts unsolicited content, article, graphic and photograph submissions for the Site. LPA is not obligated to pay you or any third party provider compensation for any such submissions. Unless LPA pays any compensation for and/or publishes any such submissions on the Site, you and any third party provider will retain all intellectual property rights, including rights in copyright, in such submissions.
7. COPYRIGHT COMPLAINTS.
LPA respects the intellectual property rights of others. It is our policy not to permit materials known by LPA to infringe another party's copyright to remain on theSite. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify LPA by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below:
7.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7.2 Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
7.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LPA to locate the material;
7.4 Information reasonably sufficient to permit LPA to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
7.5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lab Partners Associates,Inc.
21 Gregory Dr.
South Burlington, VT 05403
Telephone: (802) 658-0038
Facsimile: (802) 658-6125
8. INTELLECTUAL PROPERTY OF LPA. The Site and the Services contain content protected by copyright, trademark, and other laws, and LPA owns and retains all rights in this content, except where may be otherwise agreed.
9. COPYRIGHT NOTICE. Copyright © 2008 Lab Partners Associates, Inc. d/b/a LPA Design. All rights reserved.
10. TRADEMARKS. LPA DESIGN, POCKETWIZARD, the POCKETWIZARD logo, MULTIMAX, PLUS II, MINITT1, FLEXTT5, CONTROLTL, REMOTE DEVICE TRIGGERING SYSTEM MADE SIMPLE, SO SIMPLE, SO ADVANCED, and WIRELESS FREEDOM are trademarks or registered trademarks of Lab Partners Associates, Inc. d/b/a LPADesign. All other trademarks are the property of their respective owners.
11. JURISDICTION AND DISPUTES.
This Agreement is governed by the laws of the State of Vermont, USA, without regard to its conflicts of laws provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Site and/or the Services, your breach of this Agreement, and/or arising from any breach of your representations and warranties set forth in this Agreement. You submit to the jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Burlington, Vermont. The parties waive the right to trial by jury.
You agree to indemnify and hold LPA, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services and/or the Site in violation of this Agreement and/or from any breach of this Agreement.
Last Modified 10/08