- Scope and Modifications. This Agreement governs your use of the Lexicon Technologies, Inc. Online Service (the “Website”) and all applications unless certain uses or services are the subject of a separate agreement between you and Lexicon Technologies, Inc. (“Lexicon”). By using the Website you agree to these terms and conditions. If you do not agree to the terms and conditions presented, you should immediately cease all usage of the Website. Lexicon, at its sole discretion, reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice, as more fully set forth in Section 11 of this Agreement.
- User Eligibility. The Website is provided by Lexicon to be available to persons over the age of legal majority who can form legally binding agreements as provided by applicable law or to legal entities with the appropriate authority to be bound by the terms of this Agreement.
- Disclaimer of Warranties. The Website, the information, the services and the content are provided by Lexicon on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law Lexicon makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Lexicon shall have no liability for any interruptions in the use of this Website. Lexicon disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not be applicable to you.
- Limitation of Liability. If you are dissatisfied with the Website or any content on the Website or do not agree to be bound by this Agreement, your sole and exclusive remedy is to discontinue using the Website. LEXICON SHALL NOT be liable for any damages whatsoever, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF MONEY, LOSS OF GOOD WILL OR REPUTATION OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR USER’S USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, EVEN IF LEXICON HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THIS FURTHER INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM OMISSIONS, MISTAKES, DELETION OF FILES OR EMAILS, INTERRUPTIONS, DEFECTS, ERRORS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
- Indemnification. You agree to indemnify, defend, and hold Lexicon, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Website, the violation of this Agreement, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service. Lexicon reserves the right to modify or discontinue any Website services with or without notice to you. Lexicon shall not be liable to you or any third party should Lexicon exercise its right to modify or discontinue a service or services provided by the Website. You acknowledge and accept that Lexicon does not guarantee continuous, uninterrupted or secure access to its Website and operation of its Website may be interfered with or adversely affected by numerous factors or circumstances outside of its control.
When you visit the Website, Lexicon may send a cookie to your computer. Cookies may be used in the following ways:
- To help Lexicon recognize User as a unique visitor (just a number) when you return to the Website.
- To compile anonymous, aggregated statistics that allows Lexicon to understand how users use the Website and to help Lexicon improve the structure of the Website. Lexicon cannot identify you personally in this way.
Two types of cookies may be used on this Website: (i) session cookies, which are temporary cookies that remain in the cookie file of a your browser until you leave the Website, and (ii) persistent cookies, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie.
- User Information. Your use of certain feature or registration constitutes authorization for Lexicon to collect certain of your information, which may include, without limitation, your name, company or organization name, street address, e-mail address, telephone number, and credit card information. Lexicon will use your information to communicate with you and for other legally permissible purposes which are necessary to provide repair, maintenance, purchase, buyback, and other services to you. Lexicon will not sell your contact information to Internet marketing companies or sell telephone numbers to telemarketing companies.
- Acceptable Use. You agree that when using the Website, you will not
- Violate any laws, third party rights, or Lexicon’s policies, as outlined herein or elsewhere on the Website;
- Distribute viruses, worms, Trojan horses, or any other technologies that may harm the Website, or the interests or property of Lexicon, third party links, or other users;
- Harvest or otherwise collect information about other users, including email addresses;
- Take any action which, in Lexicon’s sole discretion, will interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
- Bypass any security or Website performance measures that Lexicon implements;
- Use any robot, spider, scraper or other automated means to access the Website for any purpose without Lexicon’s express written permission;
- Reproduce the Website’s content on your own website using any device including, but not limited to, use of a frame or border environment around the website, or other framing technique to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Website;
- Reverse engineer any part of the Website; or
- Infringe the trademark or copyrights of Lexicon.
- Entire Agreement. This Agreement sets forth the entire understanding and agreement between Lexicon and you with respect to the subject matter hereof and supersedes any prior statements or representations. The following Sections survive any termination of this Agreement: Limitation of Liability and Intellectual Property. Lexicon may amend this Agreement at any time by posting the amended terms on the Website. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are posted. This Agreement may not be otherwise amended except in a writing signed by User and Lexicon.
- Governing Jurisdiction of the Courts. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia, without giving effect to any choice of law rules, and shall be deemed to have been entered into in Rockdale County, Georgia. The parties hereto expressly agree that any claims or disputes arising out of or in connection with this Agreement or the parties’ relationship shall be brought in the Magistrate, State, or Superior Court of Rockdale County, Georgia, which shall be the exclusive forum for the resolution of such claims or disputes, and the parties agree that venue over them in such Court shall be proper, and waive any objection to such venue that otherwise would be available to them.
- Compliance with Laws. You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information. All content included or available on this Website, including Website design, text, graphics, interfaces, and the selection and arrangements thereof is ©1998 – 2012 Lexicon, with all rights reserved, or is the property of Lexicon Technologies, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Lexicon is strictly prohibited. “Lexicon Technologies” and “Repair Engine” are registered servicemarks of Lexicon Technologies, Inc. The Lexicon Technologies design is a proprietary servicemark of Lexicon Technologies, Inc. Lexicon’s servicemarks may not be used in connection with any product or service that is not provided by Lexicon, in any manner that is likely to cause confusion among customers or suggest endorsement or sponsorship by Lexicon, or in any manner that disparages or discredits Lexicon. Other trademarks that may appear are the proprietary intellectual property of the respective owner.
- Other Terms. Each section and subsection of this Agreement constitutes a separate and distinct understanding, covenant and provision hereof. In the event that any provision of this Agreement shall finally be determined to be unlawful, such provision shall be deemed to be severed from this Agreement, but every other provision (and any partially-enforceable provision) of this Agreement shall remain in full force and effect. You agree that this Agreement and any other agreements referenced herein may be assigned by Lexicon in our sole discretion, to a third party in the event of a merger or acquisition.