Terms & Conditions

 

Last Updated: June 11, 2020

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE!

CONDITIONS OF USE, NOTICES, and REVISIONS

The terms “we”, “us”, and “our” refer to Lauture IP, PLLC.  The term the “Site” refers to lautureip.com. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site.

Use of the Site, including all materials presented herein, and all online services provided by us, whether made available for purchase or not, is subject to the following Terms & Conditions. These Terms & Conditions (“T&Cs”) apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these T&Cs as stated, without modification, and acknowledge reading them. Any modifications or amendments to these T&Cs are effective when they are posted here. You should take steps to ensure that you have reviewed the latest version each time you access our Site or transacts business through our Site. The parties are bound by the latest version of this agreement.

DISCLAIMER

Please read our Legal Disclaimer, which is incorporated as if fully set forth herein. Please read these T&Cs carefully before using our Site. These T&Cs constitutes your binding acceptance of this T&Cs agreement. If you do not accept these Terms & Conditions, please do not use our Site.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms & Conditions. Children under the age of eighteen (18) are prohibited from using this Site of service.

You may use the Site for lawful purposes only. Lauture IP, PLLC may at any time in its sole discretion terminate access to our Site. Lauture IP, PLLC grants you a limited, non-exclusive license to access and make use of our Site and not to modify it, interfere with it or any portion of it, except with prior express written consent of Lauture IP, PLLC. This license does not include: any resale or commercial use of our Site, or its contents, any collection and use of any service descriptions or prices; any derivative use of our Site or its contents, any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data extraction tools. You agree to use the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Lauture IP, PLLC disclaims all liability for any inaccuracy, error, or incompleteness in the content of the Site.

NO ATTORNEY-CLIENT RELATIONSHIP

You understand and agree that no Attorney-Client relationship is created through the receipt of information presented on this Site. The Site cannot provide legal advice, opinions or recommendations. No user of this Site should act, or refrain from acting, on the basis of information included on this Site without first consulting legal counsel in the relevant jurisdiction. If you need legal advice, hire an attorney licensed to practice law in your jurisdiction. You further understand and agree that any information that you provide by reason of your use of this Site is not privileged or confidential.

EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

All of the information provided throughout the Site and Products (including the digital content delivered via inquiry form, email, blog, on our social media accounts, are resources for educational and informational purposes only. They do not constitute legal advice and are not guaranteed to be accurate, complete, reliable, up-to-date or error-free. The information contained on the Site and Products are not a substitute for advice from a licensed attorney in your jurisdiction, tailored to your potential needs. If you have specific legal questions, you should consult with an attorney authorized to practice law in your jurisdiction.

CONFIDENTIALITY; PRIVACY POLICY

We allow you to control management of your personal information and request that you read the complete statement of our current Privacy Policy, which is incorporated herein for reference. We will only collect and otherwise access the information you voluntarily provide via email, inquiry form(s), or through other direct contact initiated by you. Lauture IP, PLLC will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.

We are the sole manager of such information collected on the Site. We will use such information to respond to you as necessary. You grant us a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, publish and translate this personal information only as necessary to fulfill your request(s) or to enable your use of a particular service, such as for purchasing a particular Service. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms & Conditions and our Privacy Policy, these Terms & Conditions control.

YOUR RESPONSIBILITIES

In consideration of your use of this Site, you agree that to the extent you provide personal information to the Site, it will be true, accurate, current, and complete and that you will update all personal information as necessary.

STOCK PHOTOS

The Site may have free and/or licensed stock photos. All images being used have an irrevocable, non-exclusive copyright license to download, copy, modify, distribute, perform, and use the photos for free, including for commercial purposes, without permission from or attributing the photographer.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than Lauture IP, PLLC to help support the maintenance of the Sites. Lauture IP, PLLC does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Lauture IP, PLLC from any loss or damage incurred from dealing with such affiliate.

 NO WARRANTIES

THE USE OF THE SITE IS AT YOUR SOLE RISK. THE INFORMATION AND/OR ADVICE PRESENTED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITE AND SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF FAILURE TO STORE COMMUNICATIONS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. ADDITIONALLY, WHILE WE ENDEAVOUR TO MAINTAIN ACCURATE AND CURRENT INFORMATION, WE DO NOT WARRANT THAT OUR WEBSITE OR THE SERVERS HOSTING AND MAKING AVAILABLE OUR WEBSITE IS VIRUS FREE, COMPLETE, OR UP-TO-DATE.THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

WAIVER

Lauture IP, PLLC’s waiver of any of the provisions of these Terms & Conditions shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of Lauture IP, PLLC.

INDEMNITY

You agree to protect, defend, indemnify, and hold harmless the Site and Lauture IP, PLLC from any and all claims, losses, liabilities, or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms & Conditions and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.

ASSIGNMENT                                                                                                                    

These Terms & Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms & Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you, unless accepted by written consent by Lauture IP, PLLC. Any transfer, assignment, delegation or sublicense done by you is invalid. We may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.

ENTIRE AGREEMENT

These Terms & Conditions (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and the Site with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and the Site with respect to this Site and your use of this Site.

TERMS OF PURCHASE AND USE

The following is a legal agreement between you (“user”) and Lauture IP, PLLC (defined below), which governs your use of the Services (defined below) obtained by purchase through this website, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Lauture IP, PLLC. “Services” referred to by these Terms include but are not limited to: the purchase of products, and services, and any other service provided for paid purchase or for which you supply personal information in exchange, or other information available through the Site, obtained from Lauture IP, PLLC. All such Services are the intellectual property of and are owned by Lauture IP, PLLC. By purchasing any Service, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree to these T&Cs or find them otherwise unacceptable, please discontinue use of Lauture IP, PLLC’s Services immediately. Understand that by using this Site, any services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract. You acknowledge that the purchase of any Service is non-refundable, under any circumstances. All sales are final.

As consideration for any purchase you make on the Site, you shall pay Lauture IP, PLLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account safety (such as unauthorized disclosure or use of your account). You hereby authorize Lauture IP, PLLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs or collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with you bank and credit card issuer for details.

LIMITED LICENSE

Lauture IP, PLLC may at any time in its sole discretion terminate the access to our Site. For any Services you download and are granted access to, Lauture IP, PLLC grants you a limited, personal, non-exclusive, non-transferable license to access and use the Site and Services for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivate works of, enhance, or in any way exploit the Site or any of the Services in any manner, except for modifications in filling out a product from a Service for your authorized use.

You shall not remove any copyright notice from anywhere on the Site, Service documents, or any of the Products. Doing so may infringe on our intellectual property rights, as outlined below.

INTELLECTUAL PROPERTY RIGHTS                                                                                      

All material on our Site is provided for lawful purposes only.

The Site contains intellectual property owned by Lauture IP, PLLC and by its content suppliers and third-parties that licensed the content to us, including, without limitation, copyrights, trademarks, proprietary information and other intellectual property as well as the firm name, logos, all text, graphics, button icons, images, videos, audio clips and sound recordings, digital downloads, other files, and the selection and arrangement thereof (collectively referred to as the “Content”). Unless otherwise explicitly provided, all of the aforementioned Content is protected by both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws and/or treaties.

You may only access and use the Site and Content for non-commercial or personal use. No other use is permitted without the prior written consent of Lauture IP, PLLC. We retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not participate in the sale or transfer of, assign, license, sublicense, or modify any part of the Site or Content, or reproduce, display, publicly perform, create derivative versions of, distribute, exploit, communicate or adapt, or otherwise use any part of the Site or Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media, or in a networked computer environment for any purpose, is expressly prohibited.

We reserve the right to immediately remove your permission to access and/or use our Site, our Content, and Products, without refund, if you are found to be violating this Intellectual Property Rights Policy. And you must immediately destroy any copies you have made of the Content or the Site.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content or the Site may be retransmitted without our express, written consent for each and every instance.

GOVERNING LAW; DISPUTES; SEVERABILITY           

These Terms & Conditions and any disputes arising hereunder are governed and interpreted exclusively pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. The Federal or State courts located in Suffolk County, New York shall have exclusive jurisdiction over any disputes and shall serve as exclusive venue for any proceedings related to any such disputes hereunder. If any of these T&Cs or provision herein shall be deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction to be contrary to law, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The remaining provisions of these Terms& Conditions will remain in full force and effect.

MODIFICATION OF TERMS & CONDITIONS

We reserve the right to change or modify these Terms & Conditions under which our Site is offered, at any time with or without further notice to you, consistent with applicable laws and principles. By using the Site, or sending our office any personal information, you agree to this policy and will be deemed bound to this policy as of the date of such use. These changes will be effective as of the date we post any revised version(s) on this Site. Any use of the Site or Services by you after means you accept these modifications. If at any time you choose not to accept these Terms & Conditions, you must not use this Site.

 HOW TO CONTACT US

Any questions regarding the above Terms may be directed here.  

 

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Lauture IP, PLLC