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Terms of Use
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AGREEMENT BETWEEN
USER AND Lapidus Safety Consulting
The Lapidus Safety Consulting Web Site is comprised of various Web pages operated
by Lapidus Safety Consulting.
The Lapidus Safety Consulting Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the Lapidus Safety Consulting Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Lapidus Safety Consulting reserves the right to change the terms, conditions, and
notices under which the Lapidus Safety Consulting Web Site is offered, including
but not limited to the charges associated with the use of the Lapidus Safety Consulting
Web Site.
LINKS TO THIRD PARTY SITES
The Lapidus Safety Consulting Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Lapidus Safety Consulting
and Lapidus Safety Consulting is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Lapidus Safety Consulting is not responsible for webcasting
or any other form of transmission received from any Linked Site. Lapidus Safety
Consulting is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Lapidus Safety Consulting of the site
or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Lapidus Safety Consulting Web Site, you warrant
to Lapidus Safety Consulting that you will not use the Lapidus Safety Consulting
Web Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Lapidus Safety Consulting Web Site in any manner
which could damage, disable, overburden, or impair the Lapidus Safety Consulting
Web Site or interfere with any other party's use and enjoyment of the Lapidus Safety
Consulting Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Lapidus
Safety Consulting Web Sites.
USE OF COMMUNICATION SERVICES
The Lapidus Safety Consulting Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Lapidus Safety Consulting has no obligation to monitor the Communication Services.
However, Lapidus Safety Consulting reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion. Lapidus
Safety Consulting reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Lapidus Safety Consulting reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in Lapidus Safety Consulting's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Lapidus Safety Consulting
does not control or endorse the content, messages or information found in any Communication
Service and, therefore, Lapidus Safety Consulting specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Lapidus Safety
Consulting spokespersons, and their views do not necessarily reflect those of Lapidus
Safety Consulting.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Lapidus Safety Consulting OR POSTED AT ANY
Lapidus Safety Consulting WEB SITE
Lapidus Safety Consulting does not claim ownership of the materials you provide
to Lapidus Safety Consulting (including feedback and suggestions) or post, upload,
input or submit to any Lapidus Safety Consulting Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Lapidus Safety Consulting,
its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Lapidus Safety Consulting is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Lapidus Safety Consulting's
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Lapidus Safety Consulting WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Lapidus Safety
Consulting AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Lapidus
Safety Consulting WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Lapidus Safety Consulting
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
Lapidus Safety Consulting AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Lapidus Safety
Consulting WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Lapidus Safety
Consulting AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Lapidus Safety
Consulting AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE Lapidus Safety Consulting WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE Lapidus Safety Consulting WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Lapidus Safety Consulting
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Lapidus Safety Consulting WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF Lapidus Safety Consulting OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Lapidus Safety
Consulting WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE Lapidus Safety Consulting WEB SITE.
SERVICE CONTACT : Bob@lapidussafety.com
TERMINATION/ACCESS RESTRICTION
Lapidus Safety Consulting reserves the right, in its sole discretion, to terminate
your access to the Lapidus Safety Consulting Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out of or relating to the use
of the Lapidus Safety Consulting Web Site. Use of the Lapidus Safety Consulting
Web Site is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and Lapidus Safety Consulting as a result of this agreement or use of
the Lapidus Safety Consulting Web Site. Lapidus Safety Consulting's performance
of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Lapidus Safety Consulting's right to comply
with governmental, court and law enforcement requests or requirements relating to
your use of the Lapidus Safety Consulting Web Site or information provided to or
gathered by Lapidus Safety Consulting with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations
set forth above, 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 the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and Lapidus Safety Consulting with respect to the Lapidus Safety Consulting Web
Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Lapidus Safety Consulting
with respect to the Lapidus Safety Consulting Web Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to the
parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Lapidus Safety Consulting Web Site are: Copyright 2009 by Lapidus
Safety Consulting and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PR
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