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Terms of Use 2017-07-11T09:40:35+00:00

Last Modified: July 09, 2017

Acceptance of Terms of Use

The following terms and conditions (together with any related pages and policies referred herein) (“Terms of Use”) apply to your use of Lopsider (the “Website”), including any content, functionality and services offered on or through the Website , whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to abide by these Terms of Use and our Privacy Policy, incorporated here by reference. If you do not agree to these Terms of Use or our Privacy Policy, you must exit the Website.

Changes to the Terms of Use

  1. I may revise and update these Terms of Use from time to time in my sole discretion. It is my policy to post any changes I make to theses Terms of Use on this page. If I make material changes to these Terms of Use, I will notify you on this page and/or through a notice on the Website home page.
  2. The date the Terms of Use are last revised is identified at the top of this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
  3. All future material changes to this Terms of Use will apply prospectively only. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Reliance on the Website

  1. The information presented on or through the Website is made available solely for general information and educational purposes. I do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. I disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
  2. I may update the Website from time to time, but its content is not necessarily complete or up-to-date. I am under no obligation to update such content.
  3. I may change the Website or any content therein at any time with or without notice.
  4. I may suspend access to the Website, or close it indefinitely.

Links to and from the Website

  1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  2. The Website must not be framed on any other site.
  3. You agree to cooperate with me in causing any unauthorized framing or linking immediately to cease. I reserve the right to withdraw linking permission without notice.
  4. The Website contains links to other sites and resources provided by third parties. These links are provided for your convenience only. This may also include links from advertisers, including banner advertisements. I have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Accessing the Website and Account Security

  1. To use this Website, you represent and warrant that you are of legal age (13 years of older) to form a binding contract for use of this Website.
  2. Access to the Website is permitted on a temporary basis, and I reserve the right to withdraw or amend any service I provide on the Website in my sole discretion without notice at any time.
  3. I will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
  4. From time to time, I may restrict access to some parts of the Website, or the entire Website, to users, including registered users at any time for any reason.
  5. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.
  6. To access the Website comment feature or some of the other resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
  7. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify me of any unauthorized use of your user name or password or any other breach of security, and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  8. I have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in my opinion, you have failed to comply with any provision of these Terms of Use.

Information About You and Your Visits to the Website

I collect and use information about you in accordance with my Privacy Policy. By using the Website, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

Intellectual Property Rights

  1. The contents of the Website and the design, selection and arrangement thereof, are owned by me and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.
  2. You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a visitor, current or prospective customer, supplier or distributor.
  3. You must not:
    • Modify paper or digital copies of any materials from this site.
    • Use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text.
    • Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
    • Reproduce, sell or exploit for any commercial purposes any part of the Website without obtaining a license to do so from me. If you wish to make any use of material on the Website other than that set out above, please use the Website contact form.
  4. If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by me. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
  5. My logo and all related names, logos, product and service names, designs and slogans are my trademarks. You must not use such marks without my prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

  1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
    • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail.” “chain letter” or “spam” or any other similar solicitation.
    • To impersonate or attempt to impersonate me, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm me or users of the Website or expose them to liability.
  2. Additionally, you agree not to:
    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the Website.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

  1. The Website may contain personal web pages or profiles, comment forms, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
  2. All comments submitted on the Website are intended to be reviewed by me prior to posting on the Website. Your submission of a comment does not guarantee that it will be posted.
  3. All User Contributions must comply with the standards set out in these Terms of Use.
  4. All User Contributions you post to the site will be considered non-confidential and non-proprietary, and I have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant me these rights.
  5. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold me harmless for any breach of that representation and warranty.
  6. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not me, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
  7. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by me, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect my opinion. I am not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
  8. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
    • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy www.abovethelaw.com/privacy-policy/
    • Be likely to deceive any person.
    • Promote any illegal activity, or advocate, promote or assist any unlawful act.
    • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes and other sales promotions, barter, advertising or pyramid schemes.
    • Give the impression that they emanate from me, if this is not the case.

Monitoring and Enforcement; Termination

  1. I have the right to:
    • Remove or refuse to post any User Contribution for any reason at any time in my sole discretion without advance notice.
    • Remove the comment feature from the Website at any time in my sole discretion without advance notice.
    • Take any action with respect to any User Contribution that I deem necessary or appropriate in my sole discretion if I believe that such User Contribution violates the Terms of Use, infringes any intellectual property right, threatens the personal safety of users of the Website and the public or could create liability for me.
    • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
    • Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
  2. Without limiting the foregoing, I have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website.
  3. YOU WAIVE AND HOLD ME HARMLESS  FROM ANY CLAIMS RESULTING FROM ANY ACTION I TAKE DURING OR AS A RESULT OF MY INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF MY INVESTIGATIONS OR BY LAW ENFORCEMENT AUTHORITIES.
  4. I may not be able to review all material before it is posted on the Website or ensure prompt removal of objectionable material after it has been posted. Accordingly, I assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. I have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Disclaimer of Warranties

  1. You understand that I cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. I WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
  2. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, I DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT MY SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  3. I HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
  4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

  1. IN NO EVENT WILL I BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
  2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold me harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Disputes

  1. Any dispute or claim relating in any way to your use of the Website will be resolved by binding arbitration, rather than in court.
  2. Any dispute regarding these Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Your Comments and Concerns

This website is operated by Peter Krakaur, an individual. Use the contact form to submit all feedback and other communications relating to the Website.