Linguainc.com - Terms of Service This is the linguainc.com Website Terms of Service. It applies to linguainc.com and all other sites that are owned and operated by Lingua Solutions, Inc. (collectively "The Websites"). When using the Websites and services you agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service then do not utilize the Websites or Download any information or documents from these Websites. General Terms of Service The Websites are brought to you by Lingua Solutions, Inc, A California Corporation ("LS"). You are permitted to use the Websites for personal, non-commercial purposes only. By using the Websites, you agree to be legally bound and to abide by these Terms of Service, just as if you had signed this Agreement. If you do not comply with these Terms of Service at any time, LS reserves the right to terminate your access to the Website. LS may discontinue or alter any aspect of the Website, including, but not limited to, (a) restricting the time the Website is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Website, at LS's sole discretion and without prior notice or liability. Content and Materials By visiting our Websites - you acknowledge that the Websites contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and LS owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The LS name and logo are trademarks of Lingua Solutions, Inc. All other trademarks appearing on the Website are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Website or networked computer environment is strictly prohibited. License to the site LS grants you a non-exclusive, non-transferable, limited right to access, use and display the Websites and the Content thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses, Trojans, or time bombs, or any other means expressly prohibited by any provision of this TOS. LS's Privacy Policy The LS Privacy Policy describes how we manage personal information collected on our Websites provided when you use the Websites. You can review it here: Privacy Policy. Submissions and Communication If you submit content to our websites (e.g., contest submissions, polling questions, registrations) or you send us creative or technology suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions or Communication shall be deemed, and shall remain, the property of LS. None of the Submissions shall be subject to any obligation of confidence on the part of LS, and LS shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, LS shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Disclaimers of Warranties NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEBSITES ARE OWNED AND OPERATED BY LINGUA SOLUTIONS, INC, A CALIFORNIA CORPORATION AND ITS SUBSIDIARY AND AFFILIATE CORPORATIONS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS THE "PROTECTED PARTIES"). THE WEBSITES ARE PROVIDED 'AS IS' AND YOU USE THEM AT YOUR SOLE RISK. LS EXPRESSLY DISCLAIMS 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 OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, LS AND THE PROTECTED PARTIES MAKE NO WARRANTY THAT THE WEBSITES OR ANY SOFTWARE DISTRIBUTED THEREFROM WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. LS AND THE PROTECTED PARTIES MAKE NO GUARANTEES AS TO THE WEBSITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY USE OF THE WEBSITES OR THEIR SERVICES MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT. PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM LS PERSONNEL OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECTED PARTIES AND THEIR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND ASSIGNS SHALL NOT BE LIABLE 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 THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES. IN NO EVENT SHALL THE PROTECTED PARTIES TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR ACCESSING THE WEBSITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROTECTED PARTIES, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE WEBSITES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY LS OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. Termination and Modification You agree that LS, in its sole discretion, may terminate your account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if LS believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that LS shall not be liable to you or any third-party for any termination of your access to the Website. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Service at any time. Please check back at this web page periodically for changes. Your continued use of LS following the posting of changes to these terms will mean you accept those changes. Governing Law and Other Miscellaneous Terms Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms of Service or your use of the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. The state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Service. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and LS relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of LS's successors, assigns and licensees. No Resale/Exploitation You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents LS makes no representation that the Site Materials, including merchandise and services offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier. Refunds and Exchanges LS does not offer refunds on any of its services except as provided in the standard “Terms and Conditions” provided to clients as part of the agreement for Translation Services that LS has agreed in writing signed by an authorized LS representative to perform. Copyright Notice If you believe that any content appearing on the Site has been copied in a way that constitutes copyright infringement, please forward the following information to LS as follows:   Your name, address, telephone number, and email address;     A description of the copyrighted work that you claim has been infringed;     The exact URL or a description of where the alleged infringing material is located;     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;     An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 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. ATTN: Copyright Lingua Solutions, Inc. 11271 Ventura Blvd. #436, Studio City, CA 91604. Contact us here   By this filing, LS seeks to preserve any and all exemptions from liability that may be available under the copyright law. However, by such action, LS does not stipulate that it is a service provider as defined in 17 U.S.C. § 512 (c) or elsewhere in the law. Copyright 2007-2008 Lingua Solutions, Inc. All Rights Reserved.