updated May 1, 2008
1. THIS IS AN AGREEMENT BETWEEN YOU AND LimeLock™
This is an agreement ("Agreement") between you and LimeLock LLC., a Delaware company (or, if applicable based on where you live, one of its affiliates) ("LimeLock™"). This Agreement governs your use of any Web Site or Web page operated by LimeLock or any Web Site that displays the LimeLock™ Seal (each, a "LimeLock™ Web Site or a service offered by LimeLock™," and collectively, "LimeLock™ Web Site or services offered by LimeLock™"). You represent that you are located in the United States and you are at least 18 years of age and have attained the age of majority in the state in which you reside, and any information that you submit is correct. LimeLock™ OFFERS LimeLock™ Web Site or services by LimeLock™ TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF LimeLock™ Web Site or services offered by LimeLock™ CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW LimeLock™ MAY MODIFY THIS AGREEMENT
LimeLock™ reserves the right to change the terms, conditions, and notices under which it offers LimeLock™ Web Site or services offered by LimeLock™, including any charges associated with the use of LimeLock™ Web Site or services offered by LimeLock™. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any LimeLock™ Web Site or services offered by LimeLock™. Your continued use of LimeLock™ Web Site or services offered by LimeLock™ after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any LimeLock™ Web Site or services offered by LimeLock™ may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of the LimeLock™ Web Site or services offered by LimeLock™, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within any LimeLock™ Web Site or services offered by LimeLock™, then the terms in this Agreement shall control.
4. NO UNLAWFUL OR HARMFUL USE OF LimeLock™ SERVICES
LimeLock™ services are provided only for your personal use. You may not use LimeLock™ services for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements without prior written consent by LimeLock™. You may not use LimeLock™ services in any way that is unlawful, criminal, or harms LimeLock™, its affiliates, resellers, distributors, service providers, End Users and/or suppliers (each, an "LimeLock™ Party" and collectively, the "LimeLock™ Parties") or any customer of an LimeLock™ Party, as determined in LimeLock's™ sole discretion or any other person. You may not use LimeLock™ services to harass or threaten any other party. You may not use LimeLock™ services to crash, slow, or intentionally harm any computer system. You may not use LimeLock™ services in any way that breaches any code of conduct, policy or other notice applicable to LimeLock™ services. You may not use LimeLock™ services to obtain unauthorized access to any computer system. Without limiting the generality of this section, you may not use LimeLock™ services in any manner that could damage, disable, overburden, or impair any computer system or LimeLock™ Web Site or services offered by LimeLock™ (or the network(s) connected to the LimeLock™ Web Site or connected to any Web Site that uses LimeLock™ services) or interfere with any other party's use and enjoyment of LimeLock™ Web Sites or any services offered by LimeLock™.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you may not use LimeLock™ Web Site or services offered by LimeLock™ to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You may not use the LimeLock™ Web Site or services offered by LimeLock™ in any way that violates LimeLock's™ Anti-Spam Policy. You may view our Anti-Spam Policy outlined in our User Agreement - Personal, Non-Commercial Use. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. LimeLock™ may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail or telephone calls and unsolicited commercial e-mail or telephone calls, and if your use of the LimeLock™ Web Site or services offered by LimeLock™ includes e-mail related services or telephone related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail or telephone calls sent to you through LimeLock™ Web Site or any of the services offered by LimeLock™ even if such e-mail does not violate the Anti-Spam Policy.
6. COMMUNICATIONS MONITORING
To the maximum extent permitted by applicable law, LimeLock™ may monitor your use of LimeLock™ services, e-mail, telephone calls. or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of LimeLock™ Parties or any customer of a LimeLock™
7. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of LimeLock™ Web Site or services offered by LimeLock™ are Copyright © 2008 LimeLock™, LLC. and/or affiliates or partners. All rights reserved. LimeLock™ and/or other LimeLock™ services referenced herein may also be either trademarks or registered trademarks of LimeLock™ in the United States and/or other countries.
LimeLock™ grants you a limited non-exclusive license for personal use only of the Website to access and review the Materials for informational and entertainment purposes only. This license does not include the right to: (i) use the Website or Materials for other than its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (ii) publish, publicly perform or display, or distribute to any third-party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (iii) use framing techniques to enclose any portion of the Website, including any images found on the Website or any text or the layout or design of any page or form contained on a page; (iv) make derivative uses of the Website or the Materials; or (v) any systematic collection or extraction of data whether or not through the use of any data mining, robots or similar data gathering or extraction methods.
Furthermore, you are not given any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of LimeLock™ or any third-party. Any unauthorized use of the Website will terminate the permission or license granted by LimeLock™ to you under this User Agreement and may violate applicable state, federal or international laws, including but not limited to copyright laws, trademark laws including 'trade dress', and communications regulations and statutes.
8. AUTOMATED AND HIGH SPEED REQUESTS
You will not access LimeLock™ Web Site or Web Sites that use the services offered by LimeLock™ with any automated systems or using repeated high speed requests.
9. LimeLock™ MAKES NO WARRANTY
LimeLock™ PROVIDES ITS WEB SITE OR SERVICES OFFERED BY IT "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LimeLock™ AFFILIATES AND PARTNERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. AND DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE LimeLock™ WEB SITE OR SERVICES OFFERED BY LimeLock™ WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL LimeLock™ OR ANY OF ITS AFFILIATES OR PARTNERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF the LimeLock™ WEB SITE OR ANY SERVICES OFFERED BY LimeLock™, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE LimeLock™ WEB SITE OR ANY OF THE SERVICES OFERRED BY LimeLock™, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LimeLock™ OR ANY AFFILIATE OR PARTNER WITH RESPECT TO THIS AGREEMENT OR THE LimeLock™ WEB SITE OR ANY OF THE SERVICES OFFERED BY LimeLock™, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LimeLock™ WEB SITE OR ANY OF THE SERVICES OFFERED BY LimeLock™.
11. CHANGES TO THE LimeLock™ WEB SITE OR TO THE SERVICES OFFERED BY LimeLock™; ADDITIONAL LIABILITY LIMITATION
LimeLock™ MAY CHANGE ITS WEB SITE OR THE SERVICES OFFERED BY LimeLock™ OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the LimeLock™ Web Site or services offered by LimeLock™, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by LimeLock™ and persons other than LimeLock™ (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT LimeLock™ IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT LimeLock™ IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE LimeLock™ WEB SITE OR TO THE SERVICES OFFERED BY LimeLock™, (2) ANY INCOMPATIBILITY BETWEEN THE LimeLock™ WEB SITE OR TO THE SERVICES OFFERED BY LimeLock™ AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE LimeLock™ WEB SITE OR TO THE SERVICES OFFERED BY LimeLock™ IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM LimeLock™ OR THIRD PARTIES THOUGH LINKS CONTAINED ON THE LimeLock™ WEB SITE OR TO THE SERVICES OFFERED BY LimeLock™. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
LimeLock™ may terminate this Agreement, or terminate or suspend your access to the LimeLock™ Web Site or any services offered by LimeLock™ at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the LimeLock™ Web Site or any of the services offered by LimeLock™ will immediately cease.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with LimeLock™, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. If this Agreement is with a LimeLock™ affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such LimeLock™ affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of the state of New York. If this Agreement is with LimeLock™, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York, USA in all disputes arising out of or relating to the use of the LimeLock™ Web Site or any of the services offered by LimeLock™. If this Agreement is with a LimeLock™ affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such LimeLock™ affiliate in all disputes arising out of or relating to the use of the LimeLock™ Web Site or any of the services offered by LimeLock™.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. LimeLock™ may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sub license your rights, if any, in LimeLock™ Web Site or services offered by LimeLock™. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and LimeLock™ with respect to LimeLock™ Web Site or any of the services offered by LimeLock™ and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LimeLock™ with respect to the LimeLock™ Web Site or any of the services offered by LimeLock™. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. LINKS AND THIRD-PARTY CONTENT
.PRIMETIME POLITICS or third-parties may provide links on the Website to other sites or content. PRIMETIME POLITICS has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Website. PRIMETIME POLITICS provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Furthermore, when you leave the Website, our terms and policies no longer govern. You should review the applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
16. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND LimeLock™ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO LimeLock™ WEB SITE OR TO THE SERVICES OFFERED BY LimeLock™ MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. OTHER NOTICES
The Use of the LimeLock™ web site and any of its services is permitted only in the United States.
18. DISALLOWED USES OF LimeLock™ SERVICES
By using LimeLock™ Services, you agree to be bound, without any limitation or qualification, by the following Policies.
- You agree not to use the Services to carry out unlawful activities.
- You agree not to use a robot, crawler, bot or any automatic means, to download content continuously in an unattended or attended basis.
- LimeLock™ is not responsible in anyway for any damages or losses, either directly or indirectly, arising from your use of the Service, or by your inability to use the Service.
- If you post messages through the Service, or send email through the Service, or sent a telephone message through this service you agree not to send anything that is unlawful. You agree that you will not use the Service to:
- harass, threaten, or abuse others.
- invade the privacy of others.
- infringe the copyright and/or intellectual properties of others.
- impersonate another person or entity.
- SPAM the Internet.
- do anything illegal.
- The Services are provided "as is". There is no warranty, expresses or implied, of any kind. LimeLock™ does not warrant that the contents retrieved through the Service are error free.
- You agree not to use the Service to post or email messages of a spamming nature or in violation of LimeLock™ Anti-Spam Policy.
- You agree not to use the Service to make any telemarketing telephone calls in violation of LimeLock™ Anti-Telemarketing Policy.
LimeLock™ reserves the right to take whatever actions LimeLock™ deems appropriate to enforce LimeLock™'s policies including, but not limited to Terms of Use and Notices. LimeLock™ also reserves the right to change LimeLock™ policies without prior notice at any time. The actions LimeLock™ takes may include suspension or termination of the Service for the customer. LimeLock™ does not issue credits for accounts canceled due to policy violations. LimeLock™ reserves the right to refuse service to anyone at anytime for any reason. You agree that We may take any legal and technical remedies to prevent the violation of these provisions and to enforce this User Agreement.
19. ACCOUNT INFORMATION - Passwords
LimeLock™ provides anonymity and the therefore keeps as little information as possible on the users of our services including passwords. If you forget your password, you will be unable to access your account. It is highly recommended that you record your user-name and password in a secure place for future reference.
20. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the LimeLock™ web site or any of the services offered by LimeLock™. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. PRIVACY POLICY.
Your ongoing use of the Website signifies your consent to our information practices as disclosed in our Privacy Policy which can be found by clicking on the Privacy Policy link located on the home page of the Website. INFORMATION REGARDING LimeLock™ PRIVACY STATEMENT CAN BE FOUND ON THE LIMELOCK.COM WEB SITE
