2. Copyright. The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks,registered trademarks and other proprietary (including but not limited to intellectual property)rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited.You do not acquire ownership rights to any content, document or other materials viewed through the Site.
3. Limited Right to Use. The viewing, printing or down loading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).This limited right to use terminates automatically if you breach any provision of this Agreement.
4. Payments. You represent and warrant that if you are purchasing something from LMG that (a)any credit card information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
5. Use of Products. Before using any LMG product, you shall determine the suitability of the product for its intended use and you assume all risk and liability with your use of the product.
6. Compliance with Laws. You must use the Site and LMG’s products in accordance with all applicable federal, state and international laws, regulations and statutes. You agree that your use of the Site and LMG products will not violate any federal, state and/or international laws, regulations or statutes. You further agree that you will not use the Site or LMG’s products to manufacture, produce, distribute or sell any goods, materials or products that are not in compliance with applicable federal, state and international laws, regulations and statutes.
7. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE MAY CONTAIN VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LMG SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION ON THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION, LMG, ITS OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, MANUFACTURERS, THEIR SUBSIDIARIES AND SUPPLIERS (LMG AFFILIATES) ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR CIVIL OR CRIMINAL ACTIONS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE RELATIONSHIP THAT EXISTS THROUGH THE SITE. THIS SITE AND ITS INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LMG THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LMG AND THE LMG AFFILIATES SHALL NOT BE RESPONSIBLE FOR AND FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BY YOU OR ANY THIRD PARTY, AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE,DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THIS SITE, ANY INFORMATION CONTAINED ON THIS SITE OR YOUR PERSONAL INFORMATION OR THE USE OF LMG’S
PRODUCTS. NEITHER LMG NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION OR TERMINATION THEREOF.
8. Limitation of Liability. IN NO EVENT WILL LMG AND ITS AFFILIATES BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, DESTRUCTION, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES, OR FOR ANY DAMAGE OR PERSONAL INJURY CAUSED BY YOUR USE OF THIS SITE AND LMG’S PRODUCTS, TO THE FULLEST EXTENT AS SUCH MAY BE DISCLAIMED BY LAW.
9. Indemnification. You agree to indemnify, defend, and hold harmless LMG and the LMG Affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the use of LMG’s products. You indemnify and hold harmless LMG against all possible loss or damage suffered and costs incurred by LMG as a result of claims by third parties arising from (a) any act performed by you in using the Site, (b) any act performed by you that violates this Agreement and/or any intellectual property rights of third parties, (c) any act performed by you in ordering, taking delivery or use of LMG’s products, and/or (d) any wrongful acts committed by you. You will be obliged to compensate LMG’s and the LMG Affiliates for any and all costs incurred and loss or damage suffered by the latter relating in any way whatsoever to such claims.
10. Governing Law; Choice of Forum: This Agreement and the rights of the parties under this Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of Indiana. The parties to this Agreement hereby irrevocably agree and consent to the exclusive jurisdiction of the courts of the State of Indiana and the federal courts of the United States sitting in Indianapolis, Indiana, for the adjudication of any matters arising under or in connection with this Agreement. The parties to this Agreement hereby irrevocably waive, to the fullest extent they may effectively do so under applicable law, any objection which they may now or hereafter have to the laying of venue of any such suit, action or proceeding brought in any such court, and any claim that such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. If any provision of this Agreement is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.