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Terms of Use and Privacy Policy |
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SECTION I - TERMS OF USE
IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO LTX Software Inc. ("LTX"), AND "YOU" AND "YOUR" REFER TO YOU. Before using ltxsi.com, please read this agreement relating to your use of this website carefully. 1. ACCEPTANCE OF TERMS By using ltxsi.com or any of our online Services whether "on demand" or "stand alone", you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use ltxsi.com. LTX provides the information and services on ltxsi.com to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of ltxsi.com constitutes your agreement with such Terms. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to ltxsi.com. Your continued use of the ltxsi.com website following the posting of changes to these Terms will mean that you accept those changes. In addition, each user's use of a particular ltxsi.com service ("Service") may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms. Use of ltxsi.com and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use ltxsi.com or any of its Services, as defined herein, and should refrain from accessing ltxsi.com and its Services. To update the Terms, we will both post the changed version and its effective date at http://ltxsi.com/aboutus/terms.html. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear. LTX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, ltxsi.com or any Service thereon (or any part thereof). LTX shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein. 2. NO UNLAWFUL OR PROHIBITED USE By using the ltxsi.com website, you warrant to LTX that you will not use ltxsi.com, or any of the content obtained from ltxsi.com, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the ltxsi.com website automatically terminates. 3. DESCRIPTION OF SERVICE LTX currently offers users access collection of for-fee on-line Services offered either "on demand" or "stand alone" (collectively, the "Services"). To use these ltxsi.com Services, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access. 4. REGISTRATION OBLIGATIONS If required by LTX, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein. Each user will receive a password and account designation upon completing ltxsi.com registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. LTX cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify LTX of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session. ltxsi.com handles user Registration Data in accordance with the ltxsi.com Privacy Statement as described in Section II of this document. 5. CONTENT All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted on or privately transmitted via ltxsi.com, are the sole responsibility of the person from which such Content originated. This means that the user, and not LTX, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via ltxsi.com or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on ltxsi.com and/or any Service which, in the judgment of LTX, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. LTX will not pre-screen or review Content, but LTX reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, LTX shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal. LTX, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of LTX, ltxsi.com users and the public. LTX does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LTX be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via ltxsi.com or any Service thereon. Each user, by using ltxsi.com or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 6. LICENSING AND OTHER TERMS APPLYING TO CODE AND OTHER CONTENT POSTED ON ltxsi.com With respect to Content posted to private areas of ltxsi.com, i.e., private ltxsi.com development tools or ltxsi.com Mail, the submitting user may grant to LTX or other users such rights and licenses as the submitting user deems appropriate. 7. NO RESALE OF SERVICE You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services. 8. GENERAL PRACTICES REGARDING USE AND STORAGE LTX may establish general practices and limits concerning use of ltxsi.com Services, as defined by posted Service-specific Rules. While LTX will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, LTX has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service. LTX reserves the right to mark as "inactive" and archive ltxsi.com accounts and/or projects that are inactive for an extended period of time. LTX reserves the right to change these general ltxsi.com practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above. 9. PAYMENTS Service-specific Rules relating to our Payment Requirements are available at http://ltxsi.com/ and are incorporated into the Terms by reference. We may change our Donation System Service-specific Rules and the fees for our donation services from time to time upon fourteen (14) days advance notice. You are responsible for paying all fees associated with using our Donation System and all applicable taxes that may apply. 10. SUBSCRIPTIONS Service-specific Rules relating to our Subscription Service are available at http://ltxsi.com/tos/subscriptions.php and are incorporated into the Terms by reference. We may change our Subscription Service-specific Rules and fees for our subscription services from time to time upon fourteen (14) days advance notice. You are responsible for paying all fees associated with using our Subscription Service and all applicable taxes that may apply. 11. TERMINATION We may terminate a ltxsi.com user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of ltxsi.com or any ltxsi.com Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order. Our termination of any user's access to ltxsi.com or any Service hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to such files. LTX shall not be liable to any ltxsi.com user or other third party for any termination of that user's ltxsi.com access or account hereunder. 12. LINKS LTX, any Service or a third party may provide links to other websites. LTX exercises no control whatsoever over such other non-LTX websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. LTX shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of websites linked to ltxsi.com, including information, material, products and services therein, is solely at your own risk. ltxsi.com's privacy statement is applicable only when you are on ltxsi.com. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information. 13. INDEMNITY Each user shall indemnify, defend and hold harmless LTX, subsidiaries and affiliates and their respective officers, employees and agents, and each of LTX's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of ltxsi.com; his or her submission, posting or transmission of Content or his or her violation of the Terms. 14. DISCLAIMER OF WARRANTIES EACH USER'S USE OF ltxsi.com AND ltxsi.com SERVICES IS AT HIS OR HER SOLE RISK. ltxsi.com AND ltxsi.com SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND LTX ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH ltxsi.com USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LTX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, LTX MAKES NO WARRANTY THAT (i) ltxsi.com OR ANY ltxsi.com SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF LTX'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, LTX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LTX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ltxsi.com OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ltxsi.com OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO ltxsi.com OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN LTX AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, LTX DOES NOT AND CANNOT CONTROL THE ACTIONS OF ltxsi.com USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO ltxsi.com OR ANY SERVICES. OPERATION OF ltxsi.com MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE OR SERVICES. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY LTX. 15. LIMITATION OF LIABILITY IN NO EVENT SHALL LTX, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ltxsi.com, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 16. RELEASE In the event that you have a dispute with one or more ltxsi.com users, you release LTX (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 17. FRAUD Without limiting any other remedies, LTX may suspend or terminate your ltxsi.com account if we suspect that you have engaged in fraudulent activity in connection with ltxsi.com or any ltxsi.com Service. 18. Legal Compliance You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of ltxsi.com and all of its Services. 19. NO AGENCY You and LTX are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. 20. TRADEMARK INFORMATION ltxsi.com, the ltxsi.com logo and other ltxsi.com trademarks, service marks, and product and service names are trademarks of LTXystems, Inc. uiTransfer, uiProject, uiDocs and ug2pdf trademarks (servicesmarks?????) of LTXystems, Inc. All other names and designs may be trademarks of their respective owners. 21. RESOLUTION OF DISPUTES In the event a dispute arises between you and LTX, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and LTX agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 21, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 22. GENERAL INFORMATION The Terms constitute the entire agreement between each user and LTX and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and LTX shall be governed by the laws of the State ________ without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of ___________, ____________. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. 23. VIOLATIONS OF TERMS Please report any violations of the Terms to the ltxsi.com Support Manager at info@ltxsi.com. ltxsi.com is committed to protecting the privacy of users of our site. At ltxsi.com, we intend to give you as much control as possible over your personal information, including the registration data. As part of the normal operation of this site, we may collect information from you. This Privacy Statement describes the information we maycollect about you and what may happen to that information.INFORMATION GATHERED THROUGH THE ltxsi.com WEB SITE: ltxsi.com may track the domains from which people visit ltxsi.com and analyze this data for trends and statistics. Subject to the provisions of this Privacy Statement, ltxsi.com may use accumulated data for various purposes, including but not limited to marketing analysis, service evaluation and planning. ltxsi.com may use personal information as a basis for notifications to users, "opt-in" emails, and in order to implement the terms of the Terms and Conditions of Use governing the website (the "Terms"). Cookies: ltxsi.com employs "cookies" to provide a user with tailored information. A "cookie" is an element of data that a Service or site, when visited by a user, sends to that user's browser that, in turn, may store that element on the user's hard drive or memory. ltxsi.com uses cookies to better serve users who use our Services; any cookies sent by ltxsi.com will be marked so that they will be accessible only by websites subject to this Privacy Statement. However, at his or her option, and at his or her sole expense and responsibility, any user may block or delete our cookies from his or her hard drive. By disabling cookies, however, certain site features and functionality may no longer work properly, or at all. Other Notification: In order to implement or enforce the Terms of ltxsi.com, ltxsi.com may use personal information to contact users on an individual basis. At no time, unless law requires such disclosure, disclosure is necessary to aid law enforcement, or a user specifically authorizes such disclosure, will ltxsi.com disclose individual user personal information that is not publicly available to unrelated third parties. LINKS WITH OTHER SITES ltxsi.com contains links to other websites, whether owned or controlled by ltxsi.com affiliates or unrelated third parties. Please note that the privacy policies of these sites may differ from those of ltxsi.com. ltxsi.com is not responsible for the privacy policies and practices of any linked website. We encourage you to read the privacy statement of any website you may visit. SECURITY To secure site integrity, ltxsi.com employs measures including but not limited to security audits, use of encryption tools and software, and other reasonable security measures and procedures. Internal access to users' private and nonpublic personal information is restricted to site administrators and individuals on a need-to-know basis. ENFORCEMENT In the event that ltxsi.com becomes aware that site security is compromised or user nonpublic information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, ltxsi.com shall take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities, notwithstanding other provisions of this Statement. If ltxsi.com becomes aware that a user's personal information provided to ltxsi.com has been disclosed in a manner not permitted by this Privacy Statement, ltxsi.com shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that ltxsi.com knows this information. UPDATES TO THE PRIVACY STATEMENT To substantively update the Privacy Statement, we will both post the changed version and its effective date at http://ltxsi.com/company/terms.html. NO GUARANTEES While this Privacy Statement expresses ltxsi.com's standards for maintenance of private data, ltxsi.com is not in a position to guarantee that the standards will always be met. There may be factors beyond our control that may result in disclosure of data. As a consequence, ltxsi.com disclaims any warranties or representations relating to maintenance or nondisclosure of private information. |
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