TERMS OF USE

Lebhar-Friedman, Inc. ("Lebhar-Friedman", "us" or "we") welcomes you to our web site at www.lf.com (the "Site"). Your use of our Site is subject to the following terms of use ("Terms of Use") which applies to all services provided by our Site.

By accessing, browsing, or otherwise using our Site, you agree that you have fully understood and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations as they may exist from time to time and be applicable to the Site and its operation. You also agree to the privacy conditions and policies of our Site (the "Privacy Policy"), which are part of these Terms of Use. In the event that you do not agree to be bound by the Terms of Use, you may not access or otherwise use our Site. In addition to any other rights, Lebhar-Friedman may in its sole and absolute discretion and without further notice to you, terminate the right of any user to use in any fashion or participate in any way on our Site.

We may amend these Terms of Use at any time by posting the amended terms on our Site. The amended terms shall be effective automatically upon being posted on this Site. Your continued use of our Site will be deemed your agreement to the amended terms and conditions.

1. LICENSE TO USE THE SITE
   
   

   Upon acceptance by you of these Terms of Use, as they may exist from time to time, you shall be granted a non-exclusive, non-transferable and a limited right to access, use and display the Site and the materials thereon provided you continue to comply with our Terms of Use.

2. NON-INTERFERENCE
   
   

   You agree that you will not in any way interfere with the operation of our Site, so as to cause actual or perceived damage to us. You agree therefore not to interfere by way of spamming, hacking, up-loading any viruses or time-bombs or in any other fashion interfere with any transaction made through the Site, the operation of the Site by us or the availability of the Site to any individual who wishes to access the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In the event of any such interference or perceived interference, as we may determine in our sole discretion, we shall have the right to terminate your right to use this Site and to use all legal actions available to us against you.

3. ELIGIBILITY
   
   

   To use the Site you must be legally able to make binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to any other person or entity otherwise restricted under applicable law, regulation, treaty or convention. If you do not qualify, please do not use this Site. We may refuse our services to anyone or limit your use of the Site, at any time, in our sole discretion.

4. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
   
   You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), that is either owned, controlled or licensed by Lebhar-Friedman and that all Content on the Site is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
   
   

   All Content is copyrighted by Lebhar-Friedman or its affiliates as a collective work under the U.S. copyright laws, and Lebhar-Friedman or its affiliates own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

5. PRIVACY
   
   

   We recognize and respect the importance of maintaining the privacy of our users and have established a privacy policy (the "Privacy Policy") as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy. To link to our Privacy Policy, click here.

6. USER REPRESENTATIONS
   
   

   You warrant and represent to us, which representation we rely upon, that you will not up-load, post or transmit to a distributor or otherwise permit or publish through our Site any information and materials which may inhibit the utilization and use of our Site, which may be unlawful, abusive, libellous, defamatory, obscene, pornographic, indecent or sexually explicit in accordance with the relevant laws or which would constitute a criminal offence or give rise to civil liability, to use or violate any intellectual property rights of other parties, violate personal or privacy rights of third parties or provide us with any false or misleading information about you.

7. INDEMNIFICATION
   
   

   You, your heirs, successors and assigns hereby agree to indemnify and save us harmless from and against any claims, actions and liabilities incurred, including all legal costs and expenses of any kind, in connection with any claim arising out of or based upon or occurring from your use of the Site or arising from your alleged breach of any of your agreements, covenants, warranties, representations and obligations under the Terms of Use. Your indemnification obligations shall extend to Lebhar-Friedman and its directors, officers, owners, affiliates, employees, agents and sub-agents. In the event of that any such claim or action is asserted against us, or our officers, directors, owners, affiliates, employees, agents and sub-agents, we shall have the right at our own expense to assume the exclusive defense and control of any such claim or action against us and no settlement shall be made by you without our prior written consent to be exercised on a reasonable basis.

8. LINKS TO OTHER WEB SITES
   
   

   Our Site may contain links to other web sites on the world-wide web. We are not responsible for the content or privacy practices or lack thereof by such other site or sites, nor do we make any representation or warranty as to the accuracy of the functioning of any such other site, nor do we endorse the contents of such site or its accuracy of content.

9. CONTROL OF SITE
   
   

   Lebhar-Friedman may at any time, and from time to time, in its sole discretion, modify or discontinue the Site on a temporary or permanent basis without notice or liability to you or any other user of the Site. We may also impose limits on certain features and services and restrict access to all or any portion of our Site without notice or liability to you.

10. DISCLAIMER
    
    THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE ASSUME NO RESPONSIBILITY FOR TIMELINESS, SECURITY, DELIVERY, OR FAILURE TO RECEIVE, USE, STORE OR OTHERWISE BE INVOLVED WITH ANY COMMUNICATION FROM OR TO YOU.
    
    

    We make no representation or warranty to you, whether expressed or implied, regarding the Site’s functioning, fitness for a particular purpose, non-infringement, nor for its contents or title, nor that the service will ever be uninterrupted or error-free or free of viruses or other harmful components, nor that defects will be corrected, nor for any breach of security, nor for any damage to your computer system or loss of data that results from down-loading any materials from our site. You expressly agree that the use of our site and its services is solely at your risk.

11. LIMITATION OF LIABILITY
    
    

    WE PROVIDE THE SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. To the full extent permissible under the applicable law Neither we NOR our directors, officers, owners, employees, agents, sub-agents, subsidiaries, affiliates or service provider shall be liable for damages of any kind (whether for negligence, tort OR breach of contract), including and without limitation any indirect, special, incidental, punitive and consequential damages, including without limitation lost profits, revenues or data arising out of or in connection with the site, the inability to use the site or resulting from any goods or services purchased or obtained or the non-fulfilment of such purchases or for messages received or business transactions entered into through the site. your sole remedy shall be to discontinue using our site.

12. TRADEMARKS
    
    

    Lebhar-Friedman is a registered trademark owned by Lebhar-Friedman, Inc. and the trademark, its graphics and logos, or any derivative of the trademark may not be used or reproduced by you or used in connection with any product, other than our Site, without our prior written permission and an appropriate license agreement entered into with us.

13. PUBLIC AND PRIVATE COMMUNICATIONS
    
    

    You acknowledge that transmissions to and from our site are not confidential and you accept that we are not your fiduciary nor are we responsible for keeping any such information confidential or shall we be liable in any way in the event that such information is not kept confidential. Any product concept or ideas submitted by you to the Lebhar-Friedman, its directors, officers, employees or its agents via the Site will be considered public and nonproprietary. Lebhar-Friedman will not be responsible for any claims whatsoever, including but not limited to, intellectual property claims, if those concepts or ideas are used in promotions, marketing or product concepts.

14. USERS OUTSIDE THE UNITED STATES OF AMERICA
    
    

    Access to the Site outside of the United States of America is subject to local laws which are the responsibility of the Site user. In any event, all site users agree to comply with all applicable laws relevant to site use in the location of such user and Site use. Lebhar-Friedman will not be responsible and makes no representations that objects for sale on its Site and their associated intellectual property rights are available for use in locations within or outside of the United States of America.

15. APPLICABLE LAW
    
    

    These Terms of Use and use of the Site shall be governed by the laws of the State of New York without giving effect to its conflict of laws provisions. Both parties agree that any claim or cause of action shall be brought in the federal or state court, of New York County, New York and hereby consent to the jurisdiction of such courts.

16. VOID OR UNENFORCEABLE PROVISION
    
    

    In the event that any provision of the Terms of Use shall be held to be void or unenforceable by reason of the applicable law, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity or enforceability of the balance of the provisions of the Terms of Use, which Terms of Use shall continue in full force and effect.

17. WAIVER
    
    

    The waiver or failure to exercise any rights under these Terms of Use shall not prevent the future enforcement of the remainder of such right and shall not be deemed in waiver of any subsequent rights.

18. HEADINGS
    
    

    Headings used in this user agreement are for convenience only and are not to be relied upon.

19. BINDING EFFECTIVE AGREEMENT
    
    

    The Terms of Use is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights and obligations hereunder to any other party without our prior written consent, which consent is subject to our sole discretion. We may assign our rights and obligations under these Terms of Use to any affiliate, successor or other company related to Lebhar-Friedman upon notice thereof to you.