SPECIAL NOTE REGARDING NETWORKED LIFECYCLE MANAGEMENT INNOVATIONS SITES.
LCMI reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should be directed to the LCMI webmaster.
INCORPORATED POLICIES OR TERMS
Terms of Sale. Transactions with LCMI Sites offering products or services for purchase may be subject to Terms of Sale required as a condition to completion of the transaction. These Terms of Sale may be posted on the LCMI Site or set forth in a separate agreement with you. Your transactions will be governed by such Terms of Sale, therefore you should review them carefully.
SITE LICENSE AND ACCESS
LCMI grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of LCMI or any third party.
You may not use, frame or utilize framing techniques to enclose any LCMI trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without LCMI’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing an LCMI name, trademark, or product name without LCMI‘s express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Copyright © 2011 Lifecycle Management Innovations, LLC. All rights reserved.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Content”) thereof are copyrighted, ALL RIGHTS RESERVED, by LCMI, Lifecycle Management Innovations, LLC, and/or third-party licensors. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of LCMI or the respective copyright owner.
Lifecycle Management Innovations, LLC hereby authorizes you to view, copy, print and distribute the materials on this website subject to the following conditions:
• The Content is used for informational purposes only.
• The Content is used for noncommercial purposes.
• Any copy of the Content or portion thereof shall include this copyright notice in its entirety.
LCMI respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide LCMI’s copyright agent the following written information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
LCMI’s Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
Lifecycle Management Innovations, LLC
P.O. Box 2234
Mansfield, TX 76063-0040
INTELLECTUAL PROPERTY INFORMATION
Lifecycle Management Innovations LLC and the LCMI logo are trademarks or registered trademarks of LCMI. Certain product names mentioned in this website are the trademarks or registered trademarks of LCMI.
TRADEMARKS AND SERVICE MARKS
Lifecycle Management Innovations, LLC and its distinctive logos and product markings, and the products and services described in this Site (except those belonging to LCMI suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by LCMI, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LCMI. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by LCMI, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LCMI. All other trademarks, registered trademarks, product names and company names or logos mentioned in The Site are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use LCMI marks is subject to prior approval, and should be addressed to the LCMI Trademark Management Group at: licensing@LCMInnovations.com. Note that any program, publication, design, product, process, software, technology, information, know-how or idea described on The Site may be the subject of other rights, including other intellectual property rights, which are owned by LCMI or other interested parties and are not licensed to you hereunder.
This Site may, periodically, include discussion forums and interactive areas, including bulletin board services (“BBS”). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
• Upload to, distribute or otherwise publish through this Site any message, data, information, text or other content (“Material”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload or transmit any Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Material, you represent and warrant that you have the lawful right to distribute and reproduce such Material;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
• Without LCMI’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
LCMI takes no responsibility and assumes no liability for any Material posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, LCMI is only a forum and is not liable for any statements, representations, or Material provided by its users.
Conduct Responsibility. You shall remain solely liable for the Material of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless LCMI from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray LCMI or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner.
Third-Party Links. LCMI makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of LCMI and LCMI is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. LCMI is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by LCMI of the site or any information contained therein. When leaving the LCMI Site, you should be aware that LCMI’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Any software and all underlying information and technology downloaded from this Site (collectively the “Software”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
FINANCIAL MATERIAL DISCLOSURE
Forward-Looking Statements. This Site, and any documents issued by LCMI and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. LCMI undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by LCMI should not be deemed accurate or current except as of the date the release was posted. LCMI has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. LCMI may provide links to third-party Web sites or services that contain financial or investment information about LCMI. Access to such Web sites and the information contained therein is provided as service to those interested in the information. LCMI neither regularly monitors nor has control over the content of third parties’ statements or Web sites. Accordingly, LCMI does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. LCMI makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.
This Site and its Contents are provided “as is” and LCMI makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. LCMI expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will LCMI be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof. LCMI cannot and does not represent or warrant that This Site or its server(s) are free of viruses or other harmful components.
LCMI reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LCMI.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LCMI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LCMI (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF LCMI’S SITES EXCEED $5.00 OR THE COMPENSATION YOU PAID LCMI, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
APPLICABLE LAW AND VENUE
Notwithstanding any of these terms and conditions, LCMI reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.