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Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
Lanoga Corporation ("Lanoga") offers the Lanoga web site (the "Web
Site") to you, the user, conditioned upon your acceptance of all of the
terms, conditions, policies and notices stated on the Web Site. By using
the Web Site, you signify your assent to these Terms and Conditions and
any subsequent modifications. Lanoga may revise these Terms and
Conditions from time to time by updating this posting, with the new
terms taking effect on the date of posting. You should review these
Terms and Conditions every time you use this Web Site as they are
binding upon you.
Personal and Noncommercial Use
The Lanoga Web Site is for your personal and noncommercial use. As a
condition to your continued of the Web Site, you warrant to Lanoga that
you will not use the Web Site for any purpose that is unlawful or
prohibited by these Terms and Conditions.
Disclaimer of Warranties
Neither Lanoga nor its employees, agents, third party information
providers, merchants, licensors or the like warrant that the Web Site or
its operation will be accurate, reliable, uninterrupted or error-free.
If your use of the Lanoga Web Site results in the need for servicing or
replacing property, material, equipment or data, Lanoga is not
responsible for those costs. No agent or representative has the
authority to create any warranty regarding the Web Site on behalf of
Lanoga. Lanoga reserves the right to change or discontinue any aspect or
feature of the Web Site at any time.
Lanoga does not assume any liability for the contents of any material
provided on the Web Site. Reliance on any information presented on the
Web Site, other than that which you provided, is at your own risk.
Lanoga reserves the right to change or discontinue any aspect or feature
of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will
be transmitted over local exchange, interexchange and Internet backbone
carrier lines and through routers, switches and other devices owned,
maintained and serviced by third party local exchange and long distance
carriers, utilities, Internet service providers and others, all of which
are beyond the control and jurisdiction of Lanoga. Accordingly, Lanoga
assumes no liability for or relating to the delay, failure, interruption
or corruption of any data or other information transmitted in connection
with use of the Web Site.
To the extent any other disclaimers appear on the Web Site or the web
sites of any of Lanoga’s partners that are applicable to Lanoga’s users,
there are herein incorporated by reference.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE, IS PROVIDED
TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED
WITHIN THE WEB SITE. LANOGA MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT,
SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM
USING THE WEB SITE OR LANOGA’S SERVICES.
Limitation of Liability
IN NO EVENT SHALL LANOGA OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE
BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE LANOGA WEB
SITE OR THE CONTENT OF THE WEB SITE WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LANOGA IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. LANOGA SHALL BE LIABLE TO YOU ONLY FOR
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL
DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED
DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION
OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE
EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT.
Indemnification
You agree to defend, indemnify and hold Lanoga, its officers, directors,
employees and agents, licensors and suppliers harmless from and against
any claims, actions or demands, liabilities and settlements, including,
without limitation, reasonable legal and accounting fees, resulting
from, or alleged to result from, your use of the Web Site in a manner
that violates or is alleged to violate these Terms and Conditions.
Lanoga shall provide you with prompt notice of any such claim, suit or
proceeding and shall reasonably cooperate with you, at your expense, in
your defense of any such claim, suit or proceeding.
Links/Advertisements
The Lanoga Web Site may link to other sites operated by third parties.
The inclusion of any link to such sites does not imply endorsement by
Lanoga of the sites, but is for your reference and convenience only.
Lanoga has not reviewed all of the sites linked to the Web Site and is
not responsible for the content or accuracy of any off-site pages or any
other sites linked to Lanoga. Nor does Lanoga recommend or endorse any
specific products or procedures that may be mentioned on or represented
in advertisements on the Web Site. Linking to any other off-site pages
or other sites is at your own risk and subject to the Terms and
Conditions of Use of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are
hereby licensed to create hyperlinks to the content on the Lanoga Web
Site, provided that the hyperlink accurately describes the content as it
appears on the Web Site. Lanoga reserves the right to revoke this
license generally or your right to use specific links, at any time, and
may normally break any hyperlink at anytime without prior notice. Under
no circumstances may you "frame" the Web Site or any of its content or
copy portions of the Lanoga Web Site to a server, except as part of an
Internet service provider's incidental caching of pages. Each page
within Lanoga must be displayed in full (including all trademarks,
branding, advertising and promotional materials), without any
accompanying frame, border, margin, design, branding, trademark,
advertising or promotional materials not originally displayed on the
page within Lanoga.
Copyrights
Lanoga retains full copyright ownership, rights and protection in all
material contained on the Lanoga Web Site (including all software, HTML
code and other code). Except as otherwise expressly provided in these
Terms and Conditions, you may not copy, distribute, transmit, display,
perform, reproduce, publish, license, rewrite, create derivative works
from, transfer, or sell any material contained on the Web Site without
the prior consent of the copyright owner. You agree not to modify any
documents, graphics, images or other material found on this Web Site.
You may, however make single copies of materials displayed on the Lanoga
Web Site for your own personal and noncommercial use only, provided any
copies include the copyright and other notices displayed with the
materials on the Web Site. You may not distribute such copies to others,
whether or not for a charge or other consideration, without prior
written permission from Lanoga or the copyright owner of the copied
material.
None of the material contained on the Lanoga Web Site may be
reverse-engineered, disassembled, decompiled, transcribed, stored in a
retrieval system, translated into any language or computer language,
retransmitted in any form or by any means (electronic, mechanical, photo
reproduction, recordation or otherwise), resold or redistributed without
the prior written consent of Lanoga.
All content of Lanoga is Copyright 2000 Lanoga Corporation. All rights
reserved.
General Provisions
You expressly agree that exclusive jurisdiction for any dispute with
Lanoga, or in any way relating to your use of Lanoga’s Web Site ("Legal
Action"), resides in the courts of the County of King, State of
Washington. You further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of Washington in
connection with any such dispute. Any Legal Action that is subject to
the jurisdiction of federal courts shall be instituted in a federal
court in the Western District of Washington. These Terms and Conditions
are governed by the internal substantive laws of the State of
Washington, without regard to conflict of law principles. If any
provision of these Terms and Conditions are found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms
and Conditions, which shall remain in full force and effect. No waiver
of these Terms and Conditions shall be deemed a further or continuing
waiver of such term or condition or any other term or condition. Any
cause of action you may have with respect to Lanoga must be commenced
within one year after the claim or cause of action arises or such claim
or cause of action is barred.
Notice
Lanoga may deliver notice to you under these Terms and Conditions by
means of electronic mail, a general notice posted on Lanoga’s Web Site,
or by written communication delivered by first class U.S. mail. You may
give notice to Lanoga at any time via electronic mail or by letter
delivered by first class postage prepaid U.S. mail or overnight courier
at the addresses shown below:
Lanoga Corporation
17946 NE 65th Street
Redmond, WA 98052
Attention: Legal Notice
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