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Revised and republished September 11, 2008
Welcome to LDC Custom Website Designs . We maintain this Web site as a service to its visitors. By
using this Web site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully. If
you do not agree to these terms, you have no right from LDC Custom
Website Designs
to obtain information from or otherwise use this Web site. Failure to
use this Web site in accordance with the following terms of use may subject
you to severe civil and criminal penalties.
Introduction
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to this Web site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content and
computer programs provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to each
use of the Site.
Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site,
except as allowed under "Limited Right to Use" below, is strictly
prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting by LDC Custom
Website Designs of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
Copyright and Service Mark Information
Copyright © LDC Custom Website Designs ., 1999, all rights reserved.
"LDC Custom Website Designs ," "LDC," "LDC,"
and certain associated logos are protected service marks
of LDC Custom Website Designs . in the United States and other countries.
The "Real" logo and "Real Player" are trademarks of
RealNetworks, Inc. in the United States and potentially other countries.
"Windows" and "Windows Media" are trademarks of
Microsoft Corporation in the United States and potentially other
countries. All other trademarks are the property of their respective
owners.
Limited Right to Use
The viewing, printing or downloading of any content, video, audio, graphic,
form or document from the Site grants you only a revocable, nonexclusive
license for use solely by you for personal, noncommercial purposes limited
to the use as is reasonably required to view and listen to the content
and navigate through the pages and links generally available to the public
using a standard Internet browser and standard media player, and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, graphic, form
or document may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your personal,
noncommercial use (but not for resale or redistribution).
Editing, Deleting and Modification
We reserve the right in our sole discretion to change, edit or delete
any documents, information or other content appearing on the Site.
Indemnification
You agree to indemnify, defend and hold LDC Custom Website Designs and their
respective directors, officers, shareholders, employees, agents, attorneys,
advertisers, and publishers (collectively, "Our Affiliated Parties")
harmless from any liability, loss, claim or expense, including reasonable
attorneys' fees, related to your use of the Site or violation of this
Agreement.
Nontransferable
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents from the Site is not transferable.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LDC Custom Website
Designs DISCLAIMS
ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A)
THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE
SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR
PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM
OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE,
(C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER
HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT,
(F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST
INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE
COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS
WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE
FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR
ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF
ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT
AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Links to Other Web Sites
The Site may now, or hereafter from time to time, contain links to third-party
Web sites. We do not control, investigate, monitor or check such Web sites,
we are not responsible for the computer programs available from, content
in or opinions expressed at such Web sites. We provide such third-party links
only as a convenience to visitors of the Site, and the inclusion of a link
does not imply approval or endorsement of the linked site by us. If you decide
to leave the Site and access any third-party Web site, you do so at your own
risk.
Forward-Looking Statements
The Site may now, or hereafter from time to time, contain certain statements
or information with respect to (i) the projection of revenues, income,
earnings per share, capital expenditures, dividends, capital structure,
or other financial items relating to us; (ii) our plans, objectives and/or
projections for future operations, including those relating to our products
or services; (iii) our future economic performance; and (iv) other projections,
estimates or forward-looking statements relating to us. All such statements
and information are forward-looking statements within the meanings of
Section 27A of the Securities Act of 1933, as amended, and Section 21E
of the Securities Exchange Act of 1934, as amended. Such forward-looking
statements are based upon, or will be based upon, our judgment with respect
to future events and are subject to a number of uncertainties and risks
that could cause actual results or circumstances to differ materially
from those expressed in the forward-looking statements. For further detail
and information concerning such risks and uncertainties, please consult
our reports and other documents and information now and hereafter on file
with the Securities and Exchange Commission.
Information and Press Releases
The Site may contain interviews, discussions, press releases and other information
(collectively, "Information") about us, our business and our
services, including links to third-party websites that contain such Information,
which are being provided as a convenience to visitors of the Site. While
all Information prepared by LDC Custom Website Designs was believed to be accurate
as of the date prepared, we disclaim any duty or obligation to update
any Information. Statements concerning companies other than LDC Custom
Website Designs that are contained in any such Information should not be relied
upon as being provided or endorsed by us. The opinions expressed in any
Information, including by employees and agents of LDC Custom Website
Designs ,
are solely those of the author(s) and do not necessarily reflect those
of LDC Custom Website Designs .
Export Control
Any text, logos, designs, graphics, images, sounds, information, documents,
or other materials (collectively, "Materials") available from
or through the Site are or may be subject to United States export controls.
No such Materials from this site may be downloaded or otherwise exported
or re-exported (1) into (or to a national or resident of) Cuba, Iran,
Iraq, Libya, Sudan, Syria, North Korea, or any other country to which
the United States has embargoed goods; or (2) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders (each, a "Restricted List").
By using or downloading any Materials from the Site, you are warranting
that you are not located in, under the control of, or a national or resident
of any such country or on any Restricted List.
Visitors' Communications
Except where expressly provided otherwise by us, all comments, feedback,
information, or materials that you submit through or in association with
the Site shall be considered non-confidential. By submitting such comments,
feedback, information, or materials to us:
i. You represent and warrant that LDC Custom Website Designs 's use of your submission
does not and will not breach any agreement, violate any law, or infringe any
third party's rights;
ii. You represent and warrant that you have all rights to enter into this
agreement;
iii. LDC Custom Website Designs is free to use in any manner all or part of the
content of any such communications on an unrestricted basis without the
obligation to notify, identify or compensate you or anyone else; and
iv. You grant LDC Custom Website Designs all necessary rights, including a waiver
of all privacy and moral rights, to use all comments, feedback, information,
or materials, in whole or in part, or as a derivative work, without any duty
by LDC Custom Website Designs to anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials, and you
acknowledge that you are responsible for and bear all risk as to the use
or distribution of any such ideas, works, or materials.
LDC Custom Website Designs expressly prohibits the scraping of email addresses from
any LDC Custom Website Designs Web site (including all areas of this Site - member and
non-member) and expressly opts out of receiving commercial electronic mail
messages to LDC Custom Website Designs domain email addresses that were obtained in
violation of the foregoing or by use of automatic address-generation software.
Miscellaneous
The Site may be accessed from different locations around the world and
may contain references to LDC Custom Website Designs services, and programs that
have not been announced where you are located. These references do not
imply that LDC Custom Website Designs intends to announce such products, services
or programs where you are located. This Agreement shall be treated as
though it were executed and performed in Santa Barbara, California, and
shall be governed by and construed in accordance with the laws of the
United States of America and of the State of California (without regard
to conflict of law principles). Any cause of action by you with respect
to the Site (and/or information, documents and other materials contained
therein) must be instituted within one (1) year after the cause of action
arose or be forever waived and barred. All actions shall be subject to
the limitations set forth under "WARRANTY DISCLAIMER AND LIMITATION
OF LIABILITY" above. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against you
or us. You expressly submit to the exclusive personal jurisdiction and
venue of the Superior Court of Santa Barbara County and the United States
District Court for the Central District of California with respect to all
matters relating to this Agreement or your use of the Site, and consent to
extra-territorial service of process in connection therewith. Should any
part of this Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
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