TERMS OF USE AGREEMENT
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to visit and read Louis L'Amour's Lost Treasures ("LLLT"), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Louis L'Amour's Lost Treasures ("LLLT"), an Internet service of The Internet Trading Post, LLC. By agreeing to abide by the Terms of Use Agreement, you may be granted access to Louis L'Amour's Lost Treasures on-line content and materials (the "Service").
1.2 Louis L'Amour's Lost Treasures may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the web site, or send them to you via e-mail or postal mail.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY DISCONTINUE YOUR USE OF LLLT. YOUR CONTINUED USE OF LLLT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 Louis L'Amour's Lost Treasures may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Louis L'Amour's Lost Treasures may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. Louis L'Amour's Lost Treasures CONTENT AND USER SUBMISSIONS
2.1 You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by LLLT, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from LLLT is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, storing, or redistribution for other than personal use of any materials or design elements on this site is strictly prohibited without the express written permission of LLLT. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please click HERE.
3. BLOGS, FORUMS AND DISCUSSIONS
3.1 You shall not upload to, or distribute or otherwise publish on the "site" any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.2 (a) Be courteous. You agree that you will not threaten or verbally abuse other Subscribers, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
3.2 (b) Use respectful language. Like any community, the sites flourish only when our visitors feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 (c) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. LLLT encourages active discussions and welcomes thoughtful debate. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.3 The site shall be used only in a noncommercial manner. You shall not, without the express approval of LLLT, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.4 You are solely responsible for the content of your messages. However, while LLLT does not and cannot review every message posted by you on the site and is not responsible for the content of these messages, LLLT reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.5 You acknowledge that any submissions you make to the SITE (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted, and displayed by LLLT and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 Louis L'Amour's Lost Treasures contains links to other related World Wide Web Internet sites, resources, and sponsors of Louis L'Amour's Lost Treasures. Since LLLT is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless LLLT and Louis L'Amour's Lost Treasures, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. LLLT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Neither LLLT nor The Internet Trading Post, LLC. represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE INTERNET TRADING POST, LLC., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
5.3 UNDER NO CIRCUMSTANCES SHALL The Internet Trading Post, LLC., ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF The Internet Trading Post, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE INTERNET TRADING POST, LLC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
6. REGISTRATION AND SECURITY (Applies ONLY to sections of the site which may at some time require registration and or subscription for access to materials)
6.1 As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that LLLT, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of LLLT.
6.2 (a) You shall notify help@louislamour.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
6.3 You must be 18 years or older to subscribe to the Service; however, persons of all ages may use it.
6.4 You are responsible for all usage or activity on your Louis L'Amour's Lost Treasures account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at LLLT's sole discretion, and LLLT may refer you to appropriate law enforcement agencies.
7. FEES AND PAYMENTS (Applies ONLY to sections of the site which may at some time require registration and or subscription for access to materials)
7.1. LLLT charges Membership Fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Charges are billed on a recurring basis determined by the Membership Schedule (IE: Monthly, Semi-Annual, Annual) you select when you join the service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by LLLT or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
7.2. Membership Fees will continue to be billed to your account until you cancel your membership. You can cancel your membership at any time up to 48 hours prior to your monthly billing date by sending email to cancel-lllt@louislamour.com. You must include your username in the cancellation message.
8. COMMUNICATIONS BETWEEN LLLT AND VISITORS AND SUBSCRIBERS
8.1 If you indicate on your registration form that you want to receive such information, LLLT, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
8.2 LLLT reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.3 LLLT reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance. For more information please read the privacy statement of Louis L'Amour's Lost Treasures.
9. SOFTWARE LICENSES
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by LLLT, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
10. TERMINATION (Applies ONLY to sections of the site which may at some time require registration and or subscription for access to materials)
10.1 You may terminate your account at any time by sending e-mail to: cancel-lllt@louislamour.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 48 hours. You are responsible for all charges incurred up to the time the account is deactivated.
10.2 LLLT may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
11. MISCELLANEOUS
11.1 This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in Los Angeles, CA.
11.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in Louis L'Amour's Lost Treasures Privacy Notice.
11.3 Official correspondence must be sent via postal mail to: Louis L'Amour's Lost Treasures, 4445 356th Drive SE, Fall City, WA 98024.
11.4 You agree to report any copyright violations of the Subscriber Agreement to Louis L'Amour's Lost Treasures as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in Louis L'Amour's Lost Treasures service, please notify us immediately.
LOUIS L'AMOUR'S LOST TREASURES
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