You have accessed a website or other online entity provided, owned and maintained by LBA Group, Inc., which includes those by its subsidiaries and affiliated companies (Provider). Provider reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Provider’s website or online entity shall be subject to the current terms and conditions as published on our website at www.lbagroup.com.

General Terms of Use

By accessing Provider’s website, you are agreeing to be bound by these website Terms of Use and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to Provider’s website shall be governed by the laws of North Carolina, USA. The materials contained in Provider’s website are protected by applicable copyright and trademark laws.

Internet Etiquette

Electronic forums such as e-mail distribution lists and UseNet newsgroups all have ground rules and established etiquette for posting messages or material to these forums. Users should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources rented by you may not be used to impersonate another person or misrepresent your authorization to act on behalf of Provider or any other party. All messages transmitted by you should correctly identify you as the sender. Any attempt to alter the system configuration, to breach the security of the network, to gain unauthorized access to other users’ e-mail accounts or any other attempt at “hacking” is prohibited and will result in the immediate cancellation of all access and privileges and the possibility of criminal and/or civil charges being brought.

No Endorsement of Third-Party Content

Provider’s website contains links to and frames of sites that are not maintained by Provider. Provider is not responsible for the content of those sites and cannot guarantee that those sites will not change without its knowledge. The inclusion of such links and frames in Provider’s website does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.

Disclaimer and Limitation of Liability

THE MATERIALS AND INFORMATION CONTAINED ON PROVIDER’S WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROVIDER’S WEBSITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT. In no event shall Provider or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Provider’s website, even if Provider has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on Provider’s website are not necessarily those of Provider or its service providers, affiliates, associates, subsidiaries or partners, and Provider makes no representations or warranties regarding that information or those opinions. Neither Provider or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.

Limited License

Provider hereby grants you a limited license to view on your computer, print, download and use any content made available on Provider’s website for which a fee is not charged, for non-commercial, personal or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.

Without limiting the generality of the foregoing, you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s website or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name or other proprietary property of Provider or any other party who owns or has proprietary rights to the content, information and materials provided on Provider’s website.

Preservation of Intellectual Property Rights

All material on Provider’s website, including, but not limited to, images, illustrations and multimedia materials is protected by copyrights which are owned and controlled by Provider or by other parties that have licensed their material to Provider. Material from this website or from any other website owned, operated, licensed or controlled by Provider may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other website, FTP server or network environment is prohibited.

Changes and Improvements

Provider may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on Provider’s website, including the terms and conditions of use of this website, without liability.

Jurisdictional Issues

Due to the nature of the Internet, it is not possible for Provider to restrict access to its website only to those jurisdictions in which it does business. Some or all of the products and services offered on this website may not be eligible for solicitation in your jurisdiction. If you are accessing this website from such a jurisdiction, you should not consider anything on this website as an offer to sell or as a solicitation to the public to purchase any product or service from Provider. This website is for use only by persons residing in jurisdictions where such products and services may legally be sold.

Provider offers services, products and programs in many parts of the world. The website may refer to certain services, products or programs that are not available worldwide. Without specifically limiting the offers made on this website, reference to such services or programs does not imply that Provider intends to offer such services, products or programs in all countries or locations.

Unless otherwise specified, the materials contained in Provider’s website are presented solely for the purpose of facilitating commerce, including the sale and support of services, products and programs. This site is controlled and operated by Provider from its offices in Greenville, North Carolina, USA. Provider makes no representation that any of the materials or information contained in Provider’s website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Agreement shall be governed by and construed in accordance with the laws of North Carolina, USA and the parties hereby attorn to the jurisdiction of the courts of North Carolina, USA. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

Privacy

Provider appreciates and respects the privacy concerns of the visitors to its website. As a general policy, no personal information is automatically collected from customers visiting this website. However, certain information is recorded as a matter of course by Provider’s servers in order to track the number of visitors to the website and to help provide an enhanced on-line experience for visitors. The type of information tracked by Provider’s servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet Service Provider. Collecting this information allows Provider to optimize the visitor’s website experience. E-mail addresses and other personally identifiable data about visitors to this website are known to Provider only if and when voluntarily submitted by visitors. All personal information collected by Provider is retained by Provider and not sold or otherwise provided to third parties, except as required to support transactions arising from the submitter’s relationship. Provider also sometimes uses e-mail addresses and other personally identifiable information to communicate with visitors who have provided Provider with their e-mail address(es) for specific purposes such as receiving newsletters, sales assistance, product support or other information or services. In the case of newsletters, such will also contain instructions on how to discontinue receipt of any newsletter. Visitors should be aware that when they voluntarily disclose personal information on comments, bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.

Many of Provider’s webpages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable Provider to relate a visitor’s use of Provider’s website to information that the visitor has specifically and knowingly provided, Provider does not do so for any websites specifically designed for and aimed at children. Provider believes parents should supervise their children’s on-line activities and should consider using parental control tools available from on-line services and software manufacturers that help provide a kid-friendly on-line environment. These tools can also prevent children from disclosing on-line any personal information without parental permission.

Submissions

By posting / sending text, illustrations, images, data, programs or other information, a “message,” in any blog, bulletin board, e-mail or other area not specifically designated as “private” or “confidential,” you agree to have that message along with your name posted for public viewing both here, in any LBA on-line entity and in other promotional and advertising materials without compensation. With respect to public submission areas (such as blog comments), Provider will attempt to post as many messages as possible but cannot promise to post every submission. Provider reserves the right to edit, redact or delete any message, at any time, at its sole discretion. All messages posted in such areas represent the opinions of the individual(s) or organization(s) posting those messages and do not express the ideas or opinions of Provider. You may copy the posted messages for personal use but redistribution in any way requires the permission of Provider. In consideration of this authorization, you agree that any copy you make of any message(s) located on this website shall retain all copyright and other proprietary notices contained therein.

In order to maintain an informative and valuable service that meets the needs of the users of Provider’s website or on-line entity and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

1. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
2. You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
3. You may not interfere with other users’ use of the website.
4. You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
5. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not Provider’s intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however, Provider reserves the right to take such action as it deems appropriate in cases where the website is used to disseminate statements which are deeply and widely offensive and / or harmful.
6. Any information provided to Provider shall be provided by the submitter and received by Provider on a non-confidential basis. Provider will only accept submissions made by registered users of Provider. Provider shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas and correspondence become the sole property of Provider.
7. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the website for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
8. You may not use the facilities and capabilities of the website to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
9. You may not post any e-mail or materials that would be considered a violation of any law. Provider will co-operate fully with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any such e-mail or materials.

You agree to indemnify Provider and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.

Submission of Ideas by Users

You agree to grant Provider a non-exclusive, royalty-free, worldwide, perpetual license to reproduce, distribute, transmit, sub-license, develop, market, create derivative works of, publicly display, publish and perform any messages, materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups, blog comments, help desks, or forums of any kind of Provider’s website or which you provide by e-mail or any other means to Provider and in any media now known or hereafter developed. Further, you grant Provider the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Provider.