1. Changes in Terms. LBi Software, Inc. (“LBi” or “us” or “we”) may amend, revise or delete these Terms at any time without notice. All changes are effective immediately when posted. Your continued use of this Site following any changes signifies that you agree to be bound by such changes.
2. Use of the Contents and of this Site. This Site, and the entire contents hereof, including but not limited to, information, software, materials, text, photographs, logos, artwork, video, audio, design, layout and graphics (collectively, the “Contents”), are provided by and, except as otherwise set forth below, are the exclusive property of LBi. You may only access and use this Site for informational purposes, and as otherwise provided in these Terms. Federal and state intellectual property laws apply to and protect the Contents and their use. Your use of this Site and of the Contents does not entitle you to any ownership rights or intellectual property claims to the Contents. Nothing contained in these Terms confers or implies a license or right to use any trademark, design right or copyright on this Site. You assume sole responsibility for any damage caused, whether directly or indirectly, by your infringement of LBi’s intellectual property rights and/or by your transmission, use, distribution, redistribution, or replication, of any of the Contents in violation of these Terms. The Contents may not be transmitted, distributed, redistributed, transferred, replicated, downloaded, published, posted or disclosed in any manner without LBi’s prior written consent in each instance. You may not: (1) remove any intellectual property or ownership notice from the Contents; (2) tamper with, disassemble, decompile, or reverse engineer any software materials; or (3) modify or alter the Contents or use them commercially or for any public sale, rental, display, or performance. You may not provide links to, metatag, or frame this Site without LBi’s prior written consent in each instance. Any use of the Contents which breaches these Terms (or their spirit) may violate intellectual property, copyright, trade mark and other proprietary rights, and have civil and criminal consequences. LBi reserves all rights and remedies with respect to any such breach. Your access to and use of this Site may be periodically interrupted by LBi, in its absolute and sole discretion, or due to events beyond LBi’s control. We reserve the right, without having to give prior notice, to change, discontinue, restrict or prevent access to this Site or the Contents or any portion or feature hereof. We do not claim any ownership rights or intellectual property claims to any third-party names, trademarks, or service marks, appearing on this Site and in the Contents. The names of actual companies and products mentioned in this Site may be the trademarks of their respective owners.
3. No Warranty; Limitation on Liability. This Site is provided 'as is' and on an 'as available' basis. We make no representations or warranties whatsoever as to the accuracy, timeliness, performance, completeness, compatibility or suitability of the information and materials found or offered on this Site. We do not warrant that this Site or any material available on or downloaded from it will be free from viruses or defects. Under no circumstances will we be liable to you for any direct or indirect damages, including, but not limited to, punitive, incidental, or consequential damages (including, but not limited to, damages for inability to use this Site or access the Contents, loss of business, loss of profits, business interruption, loss of data or the like), arising out of the use of or inability to use this Site, the Contents, or any linked site, even if LBi has advised of the possibility of such damages. All warranties (whether express or implied) are, in so far as the law allows, excluded. Your use of any information or materials on this Site is entirely at your own risk. You hereby waive any and all claims against LBi arising out of your use or inability to use this Site or the Contents.
4. Links. This Site may contain links to other third party sites. LBi is not responsible for and does not accept any liability in connection with the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites and use of any linked site is at your own risk. The inclusion of such links in this Site is for convenience only and does not imply endorsement by LBi of the other site or any association with that site.
5. Violations. LBi will prosecute all violations of LBi’s proprietary rights and of any other violation of these Terms to the fullest extent permissible under applicable state, federal and/or international law.
6. Indemnification. You agree to defend, indemnify and hold harmless LBi, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of this Site, including, but not limited to, any use of the Content other than as expressly authorized in these Terms or your use of any information obtained from this Site.
7. Governing Law. These Terms and your use of this Site are governed by and shall be construed according to the laws of the State of New York. Any civil action, dispute, or proceeding arising out of or relating to these Terms and your use of this Site must be brought in a state court in Nassau County, New York.
9. Unauthorized Use. You may only use this Site in accordance with these Terms. You must not use this Site in any way that causes, or may cause, damage to this Site or impairment of the availability or accessibility of this Site, or in any way which is unlawful, fraudulent or harmful. Unauthorized use of this Site may give rise to a claim for damages and/or may amount to a criminal offense.
10. Waiver; Severability. The failure by LBi to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason any portion of these Terms is held to be invalid, unlawful or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of these Terms will remain in full force and effect.
11. Headings; Entire Agreement. The headings used herein are for convenience only and will not affect the interpretation or construction of these Terms. These Terms set forth the entire agreement between you and LBi regarding the subject matter hereof, and supersede any prior oral or written statements or agreements with respect to the same. The terms and conditions were last updated on 6/09/2016.