website Terms of Use

 

Welcome to www.localorigination.com (the "Website"), owned and operated by Local Origination Software, LLC ("We" or "Us" or equivalent pronouns).  This site contains content provided by our customers (a ÒCustomerÓ) and by Us.  Our Website ("You") is provided subject to the following Terms of Use:

 

Notice.

 

Your use of this Website constitutes acceptance of these Terms of Use and Our Privacy Policy. We may change these Terms of Use and/or Our Privacy Policy at any time by posting revisions to Our Website. Your continued usage after such changes are posted constitutes acceptance of each revised Terms of Use and/or Privacy Policy. We encourage You to familiarize yourself with both policies. Our Website Privacy Policy may found at Privacy. If You do not agree to the terms and conditions of these Terms of Use, Our Privacy Policy or any revised policy, please exit this Website immediately.

 

Introduction.

 

Please read the following information carefully before using this Website. By accessing this Website, You acknowledge, represent and warrant that: (i) You have read and understand these Terms of Use; (ii) You have and will access the Website and provide information to Us with the bona fide intent to use or to evaluate the Website, and not with an ulterior motive, such as to download portions of the Website to compete with Us or provide information to one of Our competitors; and (iii) in using the Website, You will comply with all applicable international, country, federal and state laws, rules and regulations.

 

Copyrights and Limited License.

 

All words, pictures, content, graphs, charts and other matters presented or made available on the Website sourced from Us are Copyright 2006-2008 Local Origination Concepts, LLC and Local Origination Software, LLC (the "Information").  Portions of the engine serving this website is patent pending, and You covenant and agree not to copy, duplicate, reverse engineer, decompile,  deconstruct or otherwise take any action to learn the method of operation of the software components of the Website, provided that this provision shall not apply to the extent that the method of operation of the software is publicly disclosed in a patent or published patent application.  Content provided by Our Customers is copyrighted as provided in their content.  We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal or internal business purposes only. Except as otherwise agreed to in writing by Us, this license does not permit You to: (i) download any Information on this Website; (ii) sell the Information downloaded (or copied in another form) for money, exchange or other consideration; (iii) redistribute the Information for free to anyone (except to Your employees for internal business purposes); (iv) make any more than one print copy of the Information; (v) republish the Information for any prohibited purpose, including commercial gain; or (vi) make any alterations, additions or other modifications to the Information. All other rights are expressly reserved.  Our Customers who use the Website to display content may have other terms and conditions with respect to use of their content, which may be linked inside of their content or otherwise provided to you.

 

No License to Trademarks.

 

All trademarks, service marks, tradenames or other identifying marks displayed on the Website (the "Marks") are owned by Us and/or Our licensors, or by our Customers. Except as applicable law may otherwise provide, or except as provided in writing by our Customers (with respect to their Marks) or agreed to in writing by Us, neither We nor our Customers consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.

 

Misuse of the Website.

 

You violate these Terms of Use when You make any use of the Website that is not in conformity to the Acceptable Use Policy set out below, which is incorporated by reference.

 

Available Remedies.

 

We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Website; or review, edit, censor or warrant the quality or accuracy of Information that You may acquire from the Website. You agree not sue or make any claim of any kind against Us regarding Information posted or available on the Website. When We become aware of harmful activities or if we receive any claim from a third party, in our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive.  We are not responsible for (and You agree not to sue us in respect of) Information posted by our Customers.

 

To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You.

 

Disclaimers as to Information.

 

WE AND OUR CUSTOMERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE WEBSITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT THE INFORMATION.

 

Linking; No Framing.

 

We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that We have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our  or Our CustomerÕs Marks (though the wordmarks may be used if proper credit is provided on the page). We do not consent to "framing" our content or Information inside of any other page.  We reserve the right at any time to terminate this consent, and You agree that immediately upon receipt of such notice, you will terminate all links identified by Us to be terminated.

 

Electronic communications.

 

You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email.  Electronic communications will be deemed received by You when your email system reports that any email we send you, has been received by your system, regardless of whether you ever actually open or read such email.  We may, but are not required, to use return receipt requests.  Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email.  It is Your responsibility to maintain a valid email address, and we may terminate your access to the Website at any time that we determine You are in violation of these terms of use, or fail to maintain a valid email address. 

 

Indemnity.

 

If You post or provide any Information, images or content onto the Website, or if You violate any provision of these Terms of Use, the Acceptable Use Policy or the Privacy Policy, You are liable to Us for Your actions, and in the event We are threatened with lawsuit or are sued by any person on account of Your activities, You agree to indemnify, defend and hold harmless Us and Our employees, directors, affiliates, subsidiaries, users and customers, from and against all claims, demands, damages and losses claimed by such person, and You agree to and shall pay all related costs and expenses, including reasonable legal fees, that We incur.

 

Governing Law; Choice of Forum.

 

These Terms of Use and Your use of the Website shall be governed and construed in accordance with the laws of the State of Maryland, exclusive of its conflicts of laws principles. You consent and submit to the jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with these Terms of Use, by the state or federal courts of the State of Maryland.

 

Questions or comments regarding these Terms of Use should be directed to us care of frank@otenasek.com.