Lotpath Terms of Use
Last Updated August 25, 2009
By using the Lotpath, Inc. (“Lotpath”) website, related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use (“Terms of Use”).
You agree to use the Services for your personal use. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax, or email it. You agree not to otherwise reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Services.
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. Further:
Acceptable Use
You agree not to use the Services in any way that is unlawful, or harms Lotpath, its business partners, or any other user.
Automated Reproduction
These Terms of Use do not provide you a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third party websites. Nonetheless, publicly available search engines and similar internet navigation tools may query the Services and provide an index with links to the Services’ web pages, only to the extent such unlicensed fair use is allowed by applicable copyright law. Lotpath reserves the right to restrict and/or limit access to automated queries.
For materials you post or otherwise provide to Lotpath (your “Submission”), you grant Lotpath an irrevocable, perpetual, worldwide license to use, copy, distribute, transmit, publicly display, reproduce, edit, modify, and translate your Submission. Lotpath will not pay you for your Submission. Lotpath may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant Lotpath the rights in this paragraph. You may not share your Lotpath user account with others. You are responsible for all actions taken via your account. Lotpath will treat your use of the Services in accordance with its Privacy Policy.
You shall not make the following types of Submissions. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Lotpath reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. Lotpath intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
The Services include links to third party information, products, services, and websites. Lotpath does not endorse, and takes no responsibility for such information, products, services, and websites.
Lotpath respects the intellectual property rights of others and has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website or with the Services. Lotpath has adopted a policy that provides for the immediate suspension and/or termination of any website or Services user who is found to have infringed on the rights of Lotpath or of a third party, or otherwise violated any intellectual property laws or regulations. Lotpath’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Lotpath to delete, edit, or disable the material in question, you must provide Lotpath with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lotpath to locate the material; (d) information reasonably sufficient to permit Lotpath to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Lotpath’s designated agent as follows:
By email to legal@lotpath.com
Or, by mail to
Lotpath, Inc.
Mike Dodson, President
2210 San Joaquin
Fresno, CA 93721
USA
Lotpath reserves the right to terminate your use of the Services. To ensure that Lotpath provides a high quality experience for you and for other users of the Services, you agree that Lotpath or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. Lotpath does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Lotpath reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if Lotpath believes that you have violated any of the Terms of Use, furnished Lotpath with false or misleading information, or interfered with use of the Services by others.
LOTPATH PROVIDES THE SERVICES “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOTPATH AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. LOTPATH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LOTPATH’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOTPATH BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY LOTPATH. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
Lotpath imposes certain restrictions on your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Lotpath in providing the Services. Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to indemnify Lotpath for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Lotpath, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Lotpath will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
The Services are the property of Lotpath and subject to the intellectual property rights of Lotpath and its licensors. The Lotpath logo, the L logo, and the word marks “Lotpath” and “Know Your Food” are service marks and/or registered service marks of Lotpath in the United States and/or other countries. All contents of the Lotpath website and the Services are, Copyright © 2007-2009 Lotpath, Inc. All rights reserved.
Nothing contained in these Terms of Use or the Services should be understood as Lotpath granting you a license to use any of the trademarks, service marks, or logos owned by Lotpath or any third party.
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Fresno County, California, USA, in all disputes arising out of or related to these Terms of Use, the Lotpath website or the Services.
Lotpath may, in its sole discretion, revise these Terms of Use. Lotpath will post any modification to these Terms of Use to the Lotpath website, and the modified version of the Terms of Use shall be effective immediately upon providing you such notice. You agree to review these Terms of Use and other online policies on the Lotpath website periodically to be aware of any modifications. You agree that, by continuing to use the Services or access the Lotpath website following notice of any modification, you shall abide by such modified version of these Terms of Use.
By using the Services or accessing the Lotpath website, you acknowledge that you have read these terms of use and agree to be bound by them.
For more information about our Terms of Use,
Send email to legal@lotpath.com
Or write to us at
Lotpath, Inc.
Mike Dodson, President
2210 San Joaquin
Fresno, CA 93721
USA
Or call us at 1.877.LOTPATH
