By using the website of Langford & Carmichael, Inc. (“L&C”), you are agreeing to comply with and be bound by the terms and conditions set forth in this agreement entitled Terms and Conditions, the Disclaimer and the Privacy Policy (hereinafter referred to collectively as the “Agreement”) and comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of this website (the "Site"). Please review the following terms carefully. If you do not agree to these terms, you should not use this website. The term “you” refers to the visitor, user, browser or viewer of L&C’s website. This Agreement constitutes the entire and only agreement between L&C and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the subject matter of this Agreement. This Agreement, as well as other notices, policies, terms and disclaimers, may be amended at any time by L&C without specific notice to you. The latest version of the Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Further, by using this Site you specifically consent to our collection and use of your personal information as described in this Privacy Policy.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site solely in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of L&C’s copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
· Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
· Use the Site for any unlawful purpose;
· Express or imply that any statements you make are endorsed by L&C, without our prior written consent;
· Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
· "Frame" or "mirror" any part of the Site without our prior written authorization;
· Use any robot, spider, site search / retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
· Harvest or collect information about visitors to the Site without their express consent.
Linking to the Site.
In accordance with the terms of the Agreement, you may provide links to the Site, provided (a) that you do not remove or obscure, by framing, mirroring or otherwise, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by L&C.
Errors, Corrections and Changes.
L&C does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. L&C does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. L&C may make changes to the features, functionality or content of the Site at any time. L&C reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. L&C is not responsible for and assumes no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect L&C’s belief or philosophy.
Unlawful Activity.
L&C reserves the right to investigate complaints or reported violations of this Agreement and to take any action L&C deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic information.
Indemnification.
You agree to indemnify, defend and hold L&C, its shareholders, officers, directors, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, damage, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your violation of this Agreement, (b) your use of the Site or (c) your violation of the rights of any third party.
Disclaimer of Warranties and Limitation of Liability.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE). L&C AND ITS AFFILIATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN L&C AND YOU. THIS SITE AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM L&C THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. L&C AND ANY AFFILIATED PARTY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (I) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR INFORMATION OBTAINED, (II) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (III) YOUR USE OF THE SITE, (IV) THE CONTENT CONTAINED ON THE SITE, OR (V) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF AN AFFILIATED PARTY. THE AGGREGATE LIABILITY OF L&C AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST L&C AND ANY AFFILIATED PARTY.
Use of Information / Privacy Policy.
L&C reserves the right, and you authorize L&C, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with the Privacy Policy. The Privacy Policy, as it may change from time to time, is a part of this Agreement. You may review this Privacy Policy by clicking here.
Links to Other Websites.
The Site contains links to other websites. L&C is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by L&C. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by L&C. Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service, you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between L&C and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
Copyrights and Copyright Agents.
The content, 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 by this Agreement, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site may be the copyrighted work of third parties.
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number and email address;
5. 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; and
6. 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.
L&C’s Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail message to the Copyright Agent at lclark@langford-carmichael.com.
Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles); furthermore, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the county of Los Angeles, California and waive any jurisdictional, venue or inconvenient forum objections to such courts. Any cause of action by you with respect to the Site 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 in this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly 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. L&C’s 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. L&C’s rights under this Agreement shall survive any termination of this Agreement.
Designation.
L&C designates Linda Clark as the Managing Principal who is responsible for this website. Her email address is lclark@langford-carmichael.com.