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Usage Policy

LDP Solutions Usage Policy

Welcome to the LDP Solutions, Inc. ("LDPS") www.ldp-solutions.com website ("Website"). LDPS makes the website and any services ("Services") made available from the Website available based on the following terms and conditions of use ("Terms").  Please review the Terms carefully as they contain legal terms and conditions of an agreement ("Agreement") that you agree to be bound by when you access the Website.

By accessing any page on the Website or making use of any of the Services provided, you agree to be bound by the Terms of the next subsection which contain provisions applicable to all users of the Website, including the casual visitor.  If you choose to register on the Website, you must also read and agree to be bound by the Terms set forth in second subsection, in addition to the Terms of of the first subsection, by selecting on the "I AGREE" button located in the registration wizards of any LDPS solution.

For the purposes of this Agreement, "user" and "you" is defined as you, the individual reviewing this policy, using the Website, and/or using any of the Services provided by LDPS.  "LDPS" refers to LDP Solutions, Inc.  In the case of any inconsistencies between these Terms and information on the Website (including any materials that are downloaded), the Terms drafted in this Policy will ALWAYS govern and take precedence and will be enforced based on the laws and regulations of the State of Colorado.

Terms Applicable to ALL Users of the Website and any of the Offered Services

  • Trademarks: All brand, product, and service names used on the Website which identify LDPS, the Website, and any Services provided are proprietary marks of LDPS.  All brand, product, and service names used in the Services which identify a third-party and their products and services are proprietary marks of said third-party.  Nothing on the Website shall be deemed to confer on any person any license or right on the part of LDPS or any third-party with respect to any such image, logo, or name.
  • Ownership and Copyright: You, the user, acknowledge and agree that the Website and the information and content contained on it are owned by LDPS and/or its third-party content providers ("Content Providers"), and are protected by U.S. and international copyright and other intellectual property laws.  You, the user, further acknowledge and agree that the Website contains confidential and proprietary data and information of LDPS and its Content Providers, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential.  Each Content Provider is a third-party beneficiary under this Agreement to the extent required to enable it to enforce it proprietary right in the data and the applicable use restrictions in this Agreement.  LDPS has the absolute right to terminate your access or exclude you from the Website and any of its Services if you use the Website and Services to violate the intellectual property rights or the rights of any third-party.  You agree to indemnify and hold LDPS harmless for any violation of this provision.
  • Amendment of Terms: LDPS reserves the right to amend any Terms agreed to by you from time-to-time without notice.  Your continued use of the Website constitutes acceptance of any amendments, additions, or modifications to this Agreement.
  • Availability: LDPS uses reasonable efforts to ensure that the Website is generally available.  However, there will be occasions when access to the Website or its Services will be interrupted or unavailable.  LDPS will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of LDPS.  You, the user, agree that LDPS shall not be liable to you for any modification, suspension, or discontinuance of the Website or its Services.  You, the user, are responsible for obtaining access to the Website and its Services and that access may involve third-party fees (such as an Internet Service Provider "ISP" or airtime charges).  You, the user, are solely responsible for those fees.  In addition, you, the user, must provide and are responsible for all equipment (hardware, software, networking, etc.) necessary to access the Website and any of its Services.
  • Privacy Policy: Registration data and certain other information about you, the user, is subject to the LDPS Privacy Policy.  You, the user, understand that through your use of the Website and any of its Services, you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by LDPS and its affiliates as set forth in the Privacy Policy.
  • External Links on the Website: From time-to-time, LDPS may provide links that will take you to a third-party website.  These links are provided for your convenience only.  If you decide to access linked websites, you do so at your own risk.  LDPS does not endorse or take responsibility for the content on other websites or the availability of those website and you agree that LDPS is not liable for any loss or damage that you may suffer by using other website.  Furthermore, you, the user, agree that LDPS has no input into linked websites' Security, Privacy, and Usage Policies and therefore, has absolutely no liability involving those linked websites.
  1. Limitation of Liability:
    1. YOU, THE USER,  ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE WEBSITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LDPS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD-PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SITE OR PROVIDED AS PART OF THE SERVICES, EVEN IF LDPS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT LDPS SHALL HAVE NO LIABILITY FOR ANY USER CONTENT.  YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS.  YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE WEBSITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
       
    2. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH ANY OF THESE TERMS, OR FEEL LDPS HAS BREACHED THESE TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES. THE TOTAL LIABILITY OF LDPS TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL.  IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
       
    3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
       
  2. Disclaimers: YOU, THE USER, ACKNOWLEDGE THAT, AS PART OF THE SERVICES, YOU MAY BE PROVIDED OPINIONS, STATEMENTS, RECOMMENDATIONS, AND INFORMATION FROM THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS.  LDPS DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR CREDIBILITY OF ANY SUCH OPINION, STATEMENT, RECOMMENDATION OR OTHER CONTENT CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICES.  YOU, THE USER, ACKNOWLEDGE THAT YOU WILL RELY ON ANY SUCH OPINIONS, STATEMENTS, RECOMMENDATIONS, INFORMATION, AND CONTENT SOLELY AT YOUR OWN RISK.  THE WEBSITE AND SERVICES ARE PROVIDED TO YOU "AS IS"  WITH NO WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, LDPS AND ITS SUPPLIERS, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND ITS SERVICES, AND ALL INFORMATION DERIVED FROM THE WEBSITE AND ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  IN ADDITION, ALTHOUGH LDPS INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, LDPS DOES NOT WARRANT THAT THE WEBSITE, THE SERVICES OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  IN THAT CASE, ANY IMPLIED WARRANTIES WILL END NINETY (90) DAYS AFTER YOU FIRST USE THE WEBSITE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
     
  3. Indemnification: You, the user, agree to indemnify and hold LDPS, and its subsidiaries, affiliates, officers, agents, co-branders, other partners, employees and other Users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of User Content, your use of the Services, your connection to the Services, your violation of these Terms, or your violation of any rights of another.
     
  4. General:
    1. Applicable Law and Jurisdiction. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law.  In the event that a dispute is required to be litigated, you agree that the proper forum for any and all claims under this Agreement will be the state and federal courts located in Denver County and Arapahoe County, Colorado, and you agree to submit to the jurisdiction of these courts.  The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys' fees.  Your use of the Website and any of its Service is subject to all applicable local, state, national and international laws and regulations.
       
    2. No Resale of Services.  You, the user, agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
       
    3. Independent Contractors.  No joint venture, partnership, employment, or agency relationship exists between you and LDPS as a result of this Agreement or use of the Services.
       
    4. Force Majeure.  LDPS will be not liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond the reasonable control of LDPS.
       
    5. Waiver.  The failure of LDPS to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by LDPS in writing.
       
    6. Construction.  The headings of Sections of this Agreement are for convenience and are not to be used in interpretation.
       
    7. Entire Agreement.  This Agreement constitutes the entire agreement between you and LDPS and governs your use of the Website, superseding any prior agreements between you and LDPS.  If any provision of this Agreement 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 this Agreement remain in full force and effect.

Terms Applicable to Registered Users

  1. Registration:  In consideration of your access to the Website and/or use of any of its Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.  You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services registration process (such information being the "User Data") and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or LDPS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LDPS has the right to suspend or terminate your access to the Website and refuse any and all current or future use of the Website and any of its Services (or any portion thereof).  To register as a User you must be 18 years or older.
     
  2. Amendment of Terms:  You, the user, agree that LDPS retains the right to amend these Terms and the Website, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Website or any part of the Website and its Services.  You agree to review the posting of this Agreement periodically to be aware of such changes.  Your continued use of the Website constitutes acceptance of any amendments, additions, or modifications to this Agreement.  Any amendments or modifications made by LDPS shall be prospective only.   You, the user, will be bound by all such modifications, whether or not you have notice thereof.  If you continue to use the Website or any of its Services once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
     
  3. Site License:  Subject to these Terms, LDPS grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Website, including but not limited to the right to use, but not to reproduce or distribute, any materials made generally available to all other Users of the Website ("Materials").  This license is exclusive to you and you may not sublicense the use of the Website or Materials or provide, disclose, distribute, transfer, or otherwise make available the Website or the Materials to any individuals or entities that LDPS has not specifically authorized to receive access to the Website or any of its Services and Materials.  You, the user, may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Website, any of its Services, or the Materials or displayed by, on, or in the Website.  You, the user, may use the Website only while these Terms remain in effect.  Under no circumstances shall you have any rights of any kind in or to the Website after any termination or expiration of this Agreement for any reason.
     
  4. User Conduct: The Service may include information, views, opinions and recommendations of individuals and organizations of interest to Users and the user community.  LDPS assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any Material and LDPS does not endorse any opinions or recommendations posted by registered Users.  You should exercise discretion and skepticism before relying on information in messages or submissions, since it may be incorrect or misleading.  If you rely on information posted by other Users you do so solely at your own risk.  LDPS does not review, screen or edit "comments" posted by users. Nonetheless, we reserve the right to monitor, not to post or remove any information transmitted or received through the Website or any of its Services, or to terminate your access and use of the Service, at any time, without notice, in our sole discretion.  It is Users' responsibility to bring violations of the Terms of Service to our attention, although we do not guarantee any action based on such information.  You, the user, agree that you will not use the Website:
  • for any illegal purposes or submit, post, upload, or otherwise transmit any content through the Services ("User Content") that is unlawful, defamatory, libelous, invasive of another's privacy, abusive, threatening, harassing, vulgar, obscene, indecent or otherwise objectionable;
     
  • to submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights, fiduciary rights and proprietary rights;
     
  • to submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • to advertise or offer to sell any goods or services or use the Website or Materials for any commercial purpose;
  • for the transmission of or to conduct, display, or forward surveys, contests, pyramid schemes, junk mail, "spam," chain letters or other similar communications;
     
  • to impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
     
  • to falsify or delete any attributions, legends, or other proprietary designations of the origin or source of any content appearing on the Website or contained in a file that is uploaded;
     
  • collect or store personal data about other users; or violate any applicable local, state, federal, or international law or regulation;
  • to Provide false information on your registration form, or impersonate someone else.
  1. User Content: By posting or providing any User Content, you represent that you have all required rights and permissions to do so.  LDPS does not claim ownership rights in any User Content.  You, the user, grant to LDPS a non-exclusive, royalty-free, perpetual, irrevocable, license to use, copy, distribute, and display any User Content provided by you.  LDPS reserves the right to remove, delete, move or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.  This license includes the right for LDPS  to post the User Content in any web log and to copy, archive, distribute, transmit, display, edit, translate and reformat any User Content, and/or to incorporate it into a collective work, database or archive.  You, the user, are entirely responsible for all User Content and LDPS will not be liable for any such User Content.  You, the user, agree to indemnify and hold LDPS harmless for any violation of this provision.
  1. Third Party Software and Linking: Although LDPS  may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third-party owning, manufacturing or distributing such products, and the agreement for your use will be between you and said third-party.  LDPS makes no warranty with regard to the products or website of any other entity.  LDPS has no control over the content or availability of any third-party software, services, or website.  In particular, (a) LDPS makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) LDPS notifies you that it is your responsibility to become familiar with any website's privacy and other policies and terms of service, and to contact that website's webmaster or site administrator with any concerns.
  1. Monitoring of Content: You understand that LDPS can access and disclose information or otherwise provide access to third parties for the following reasons:
  • to send an e-mail message to you upon your request;
  • to maintain the Website and to develop new and useful features and services;
  • to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
  • to enforce these Terms;
  • to respond to claims that any User Content violates the rights of third-parties;
  • to respond to your requests for customer service; and
  • to protect the rights, property, or personal safety of LDPS, its users and the public.
  1. Suspension and Termination of Access and Membership: LDPS reserves the right to suspend or terminate your access to and/or use of the Website and any of its Services, and remove and discard any User Content at any time, without notice, for any reason, including but not limited to the following: Breach of these Terms, including policies or guidelines set forth by LDPS elsewhere; Conduct that LDPS believes is harmful to other users of LDPS or the business of LDPS or other third-party information providers.

    Further, you agree that LDPS shall not be liable to you or any third-party for any termination of your access to the Website.  LDPS reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that LDPS shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Website or any of its Services.
     
  2. Disclaimer Warranty: THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN PARTICULAR, LDPS MAKES NO WARRANTY THAT ITS WEBSITE, INCLUDING THE SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE WEBSITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ENTERED ARE SECURE FROM UNAUTHORIZED ACCESS.  LDPS MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE LDPS WEBSITE.  NO ADVICE OR INFORMATION GIVEN BY LDPS, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.