1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
LST provides you with access to discussion forums, reports, and a variety of other services. ("LST Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current LST Service shall be subject to the Terms.
You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not LST, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the LST Service. LST does not control the Content posted via the LST Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will LST be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the LST Service. You agree to not use the LST Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the LST Service;
d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
i) interfere with or disrupt the LST Service or servers or networks connected to the LST Service, or disobey any requirements, procedures, policies or regulations of networks connected to the LST Service;
j) intentionally or unintentionally violate any applicable local, state, national or international law,
k) "stalk" or otherwise harass another; and/or
4. CONTENT MADE AVAILABLE FOR INCLUSION ON THE LST SERVICE
LST does not claim ownership of Content you submit or make available for inclusion via the LST Service. However, with respect to Content you submit or make available for inclusion on the publicly available LST Service, you irrevocably grant LST the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content, in whole or in part, on the LST Service or other publications by LST in any media whether now existing or which come into the existence into the future. And for Content you submit for private discussions, you grant LST the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the associated private discussion group.
You agree to indemnify and hold LST and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the LST Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
6. MODIFICATIONS TO LST SERVICE
You acknowledge that LST may establish general practices and limits concerning use of the LST Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the LST Service. You further acknowledge that LST reserves the right to modify these general practices and limits from time to time. LST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the LST Service (or any part thereof) with or without notice. You agree that LST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the LST Service.
You agree that LST may terminate your access to the LST Service for violations of the Terms and/or requests by authorized law enforcement or other government agencies.
The LST Service may provide, or third parties may provide, links to other websites or resources. Because LST has no control over such sites and resources, you acknowledge and agree that LST is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: Your use of the LST service is at your sole risk. LST service is provided on an "as is" and "as available" basis. LST and its subsidiaries, affiliates, officers, employees and licensors 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 and non-infringement. LST and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
(i) The LST service will meet your requirements;
(ii) The LST service will be uninterrupted, timely, secure or error-free and
(iii) The results that may be obtained from the use of the LST service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from LST or through or from the service shall create any warranty not expressly stated in the Terms.
10. LIMITATION OF LIABILITY
You expressly understand and agree that LST and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you 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 LST has been advised of the possibility of such damages), resulting from the use or the inability to use the LST service.
11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
LST respects the copyright of others, and we ask our users to do the same. LST may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LST's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. LST's Agent for Notice of claims of copyright infringement can be reached as follows:
By email: [email protected]
12. GENERAL INFORMATION
Entire Agreement. The Terms constitute the entire agreement between you and LST and governs your use of the LST Service, superseding any prior agreements between you and LST with respect to the LST Service. Choice of Law and Forum. The Terms and the relationship between you and LST shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and LST agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia. Waiver and Severability of Terms. The failure of LST to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 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.