“Content” means text, images, files, photos, video, audio, comments, reviews, works of authorship, comments, questions, data, feedback or any other forms of data or communication, whether originating from Lodestone, advertisers or other partners, other users of the Service or other third parties, that is provided or accessed through the Service.
“Documentation” means the documentation, if any, describing the use and functionality of the Service available on Lodestone’s website.
“Events” means one or more online events hosted by Lodestone through the Service.
“User Data” means comments, questions, data, feedback and other information provided by you to the Service.
3. USER RESTRICTIONS AND RESPONSIBILITIES RELATING TO USE OF THE SERVICE.
3.1 LEGAL USE OF SERVICE. You shall not, either directly or indirectly, use the Service in a manner that is prohibited by any law or regulation, that violates any third party rights or that facilitates the violation of any law, regulation or third party rights, or that would disrupt any third party use or enjoyment of any services provided by Lodestone.
3.2 RESTRICTIONS ON USE OF SERVICE. You shall not: (a) copy, distribute, or disclose any part of the Service in any medium; (b) resell, sublicense, lease, time-share or otherwise make the Service available to any third party except as expressly permitted herein; (c) use the Service to send or store infringing or unlawful material or material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) modify, copy or create derivative works based on the Service; (e) reverse engineer, decompile, or disassemble the Service, except as expressly permitted by applicable law; or (f) access the Service for the purpose of building a competitive Service or service or copying its features or user interface.
3.4 CONTENT. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable or otherwise inappropriate. All Content is protected by copyright, trademark, trade secret and other laws, and Lodestone owns and/or licenses such Content. Lodestone hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content solely for your personal use. You may not modify, translate, publish, broadcast, transmit, distribute, perform display or sell any Content appearing on the Service, except as expressly authorized by Lodestone. Unless we explicitly say otherwise, you may not use any automated means (such as scripts) to access the Service or collect information from it. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
3.5 REGISTRATION INFORMATION. You agree to keep all contact and other registration information provided to us up-to-date. By providing us with your email address you consent to our using such email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also send you other messages related to the Service, such as offers from third-party advertisers, if you have opted into such messages.
3.6 NO INFORMATION COLLECTION. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.
4. OUR INTELLECTUAL PROPERTY.
4.1 OWNERSHIP OF INTELLECTUAL PROPERTY. As between the parties, Lodestone or its third-party providers shall retain all ownership rights in the Service and the technology, software, products, processes, algorithms, user interfaces and know-how related to the Service. No license, right or interest in any Lodestone trademark, copyright, trade name or service mark is granted hereunder.
4.2 LICENSE OF FEEDBACK. Lodestone shall have a royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, worldwide, transferable, sublicensable license to use, copy, modify, or distribute, including by incorporating into the Service, any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Service.
5. NO WARRANTIES.
5.1 NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS-IS” AND NEITHER LODESTONE NOR ITS AFFILIATES OR SUPPLIERS MAKE, AND USER RECEIVES, NO WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICE OR ANY USE OF OR INABILITY TO USE THE SERVICE. LODESTONE AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, CAPACITY, PERFORMANCE, TITLE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. USER UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER LODESTONE NOR ITS AFFILIATES OR SUPPLIERS WARRANT THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL SOFTWARE ERRORS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LODESTONE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR OTHER AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO A PORTION OF THE ABOVE EXCLUSION MAY NOT APPLY TO USER. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY OF THE SERVICE. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. NEITHER LODESTONE NOR ITS AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATION THAT USE OF THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR WHERE IT IS ILLEGAL OR PROHIBITED BY LAW.
5.2 NO WARRANTY AGAINST LOSS OF DATA. Without limiting the generality of the foregoing disclaimers, User acknowledges that it is User’s responsibility to backup User Data and any other data stored in the Service. The Service is not designed to operate without error. In no event will Lodestone assume liability for any loss or corruption of User Data or other data stored in the Service.
6. LIMITATION OF LIABILITY.
6.1 WAIVER OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LODESTONE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE, USER’S USE OF OR INABILITY TO USE THE SERVICE OR THESE TERMS OF SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LODESTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 NO EXCEPTIONS. THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY WHETHER OR NOT LODESTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
8. TERM AND TERMINATION.
9. GENERAL TERMS.
Lodestone Technology is a trademark of Lodestone Technology, Inc.
Updated: July 21, 2016