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LEBWINKS TERMS AND CONDITIONS



IMPORTANT- PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR INSTALLING OR USING THE LEBWINKS TOOLBAR. BY USING THE WEBSITE, CREATING A LEBWINKS ACCOUNT, INSTALLING OR USING THE TOOLBAR, OR CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS HEREIN, DO NOT USE THE WEBSITE, CREATE AN ACCOUNT, OR INSTALL THE LEBWINKS TOOLBAR AND DO NOT CLICK ON “I ACCEPT”.

These terms and conditions (the “Agreement) are a legal contract between you and LebWinks LLC (“LebWinks”), which has its principal place of business at 2202 N 2600 W, Lehi, Utah 84043.

  1. Grant of License
    1. LebWinks grants to you a limited, non-exclusive, non-transferable, and revocable license to use our website and to install and use the LebWinks services, the LebWinks toolbar, and all the associated features, including any documentation accompanying it. (collectively, the “Services”) This license is limited to using the Services for their intended purpose only. All rights not expressly granted in this Agreement are reserved by LebWinks.
    1. The Services are awesome (solely our opinion and not a guarantee) but are intended only for online use while connected to the LebWinks servers. You agree that you are solely responsible for your internet connection and your computer. LebWinks doesn’t provide any such services.
    1. The Services are free to use provided that you comply with this license agreement. You are welcome and may thank us later. LebWinks’ employees really like cookies. Especially chocolate chip ones.
    1. LebWinks may update, modify, or change the Services at any time without notice, including our awesome webpage and toolbar(s). When installed on your computer, the LebWinks toolbar will periodically communicate with the LebWinks servers to retrieve information and to check for updates. Such interaction may occur automatically without notice to you.
    1. The Services are not intended for use by anyone under the age of 18. Some of the content presented may be considered naughty and some of the content may be considered nice. LebWinks is specifically designed for the use in the United States. You cannot use the Services from any jurisdiction that is restricted or prohibited by local law. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE TOOLBAR AND YOU MAY NOT ACCESS THE SERVICES.
  1. Ownership
    1. The Services are licensed only and not sold. LebWinks retains all ownership rights in the Services, including any intellectual property rights therein. LebWinks may pursue legal remedies if you use Services in violation of this Agreement. The Services may not be installed on a computer without permission from the owner of that computer.
    1. You grant LebWinks permission to collect information regarding the use of the Services. LebWinks may use this information solely to improve its products or to track geographical data and the enforcement of this Agreement and will not disclose this information in a form that could personally identify you to any third party.
    1. By submitting content to LebWinks, you grant LebWinks a nonexclusive royalty fee, unlimited, irrevocable, fully assignable, and sublicensable right to reproduce, use, modify, publish, adapt, create derivative works of, translate, distribute, and display such content or information. By submitting information to LebWinks, you warrant that the information does not violate the rights of a third party.
  1. Copyright
    1. The Services contain material that is protected by United States and foreign intellectual property laws. All rights not granted to you herein are expressly reserved by LebWinks.
    1. LebWinks contains links to websites operated by third parties (“Third Party Sites”). These links are for your connivance only. LebWinks does not endorse, monitor, control, or verify them Third Party Sites. LebWinks is not liable for any content on the Third Party Sites. All content, including all data, links, articles, search results, graphic or video messages and all information, text, software, music, photos, images, sound, graphics or other materials ("Content") made available or accessible through the Services is the sole responsibility of the entity from which it originated. Content made available or accessed through Services is the property of the applicable Content owner and may be protected by applicable laws including without limitation those relating to copyrights, patents, trademarks, trade secrets or other proprietary rights. This Agreement gives you no rights to such Content.
    1. On notice, LebWinks will act appropriately to remove content under our control that infringes the copyright rights of others. LebWinks reserves the right to disable the Services for anyone who uses it to infringe the intellectual property rights of others. If you believe that our services contain elements that infringe your intellectual property rights, you may contact us at legal@LebWinks.com for further assistance. Normally we’d make a joke here, but copyright infringement is no laughing matter. It’s the devil.
    1. 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, except that you may download one copy of the materials on a computer for its intended use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.
    1. The Services, and any information you download or offer to share by means of Services, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as non-secure. You accept all responsibility for such security risks.
  1. Restrictions
    1. You may not publish, display, disclose, rent, lease, sell, resell, modify, loan, distribute, or create derivative works based on Services or any part thereof. You may not reverse engineer, decompile, translate, adapt, vary, alter, change, modify, or disassemble Services, nor shall you attempt to create the source code from any installed components.
    1. THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT SERVICES OR INFORMATION ABOUT SERVICES TO ANY COUNTRY WHERE THE UNITED STATES REQUIRES AN EXPORT LICENSE WITHOUT THE CONSENT OF LEBWINKS AND THEN ONLY IN COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
    1. The terms and conditions of this Agreement shall apply to your use of Services and shall supersede any conflicting contractual terms and conditions. If this Agreement fails to meet your minimum needs or is inconsistent in any respect with government procurement Laws, you agree not to use Services.
    1. You agree not to interfere or attempt to interfere with the proper working of the Services or any Content except to discontinue your use of the Services and remove any installed software from your computer. You may not attempt too compromise any security on the Services. You are responsible for installing and maintaining anti-virus software and related protections against malware.
    1. In order to access some services offered by LebWinks, you may be required to accept additional terms and conditions and/or, establish an account including an unique identification code or name (an "ID") and password (a "Password"). The confidentiality of this ID and Password is your responsibility. You must notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security.
    1. We have the right to suspend or terminate your account for any reason. Sorry, but them are the breaks. We really can’t investigate every claim. Just don’t do anything wrong.
  1. Disclaimer of Warranties
    1. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. ANY USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES may contain bugs, errors, and other problems that could cause system or other failures and data loss. LEBWINKS DOES NOT WARRANT THE PERFORMANCE OF THE SERVICES AND DOES NOT WARRANT THAT SERVICES WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH ANY DOCUMENATION PROVIDED. LEBWINKS IS GENERALLY PLEASANTLY SURPRISED WHEN THE SERVICES WORK IN ACCORDANCE WITH ITS DOCUMENTATION AND, THUS, MAKES NO GUARANTEE OF ITS ACCURACY. LEBWINKS IS SURPRISED WHEN IT FINDS OUT THAT IT HAS DOCUMENTATION.
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEBWINKS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN EQUITY OR AT LAW. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LEBWINKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE. LEBWINKS DOES NOT WARRANT THAT WE WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICES. WE MAY HAVE DAY JOBS YOU KNOW. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SERVICES. THE SERVICES MAY NOT BE COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
  1. Limitation of Liability
YOU ARE ULTIMATELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU AS A RESULT OF USING SERVICES. IN NO CIRCUMSTANCES OR EVENT WILL LEBWINKS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY ACTUAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF LEBWINKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE DAMAGE WAS FORESEEABLE. THIS PROVISION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
  1. Termination
This Agreement is effective for as long as you are using any of the Services. You may terminate this Agreement at any time by completely removing the installed portion of Services and by ceasing all use of Services, including the use of the LebWinks’ website. LebWinks may terminate this Agreement and restrict your use of Services for any reason. All provisions relating to proprietary rights shall survive the termination of this Agreement.
  1. Indemnity
You agree to release, indemnify, defend and hold harmless LebWinks and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (a) your entering into this Agreement, or your breach of the terms or obligations of this Agreement, (b) your use or misuse of Services or the use or misuse of Services by a third party under your control, or (c) your infringement upon any intellectual property or other proprietary right of any person or entity. LebWinks may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but its doing so shall not excuse your indemnity obligations in this Agreement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
  1. Privacy
    1. LebWinks likes privacy. To ensure your privacy, we created a Privacy Statement. It has words in it. You should read them. They are at www.lebwinks.com/privacy. Please check the page often to make sure you are aware of any changes as the Privacy Statement may change at any time without notice. By agreeing to this Agreement, you are also acknowledging you have read, understand, and agree to the provisions of the Privacy Statement.
    1. The Services require some information that may be considered personally identifiable, including your preferences, your email address, your likes and interests, etc. This information is used by LebWinks to customize which pages are shown to you. This information is stored on the LebWinks servers for use by the Services. You are not required to provide any of this information in order to use Services, however, failure to provide such information may limit your ability to use the Services
    1. LebWinks will disclose information, including personally identifiable information, data acquired by cookies, and other data, where required by a subpoena, interception order or other lawful process. LebWinks also reserves the right to disclose such information when we believe, in our sole judgment and to the extent consistent with applicable law, that such disclosure is necessary to protect the rights or safety of others or to enforce, or protect our rights under, this Agreement.
  1. Governing Law
This Agreement shall be construed, interpreted and governed by the laws of the state of Utah without regard to conflicts of law provisions thereof. You agree that the exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in the state of Utah.
  1. Severability
If any part of this Agreement is found illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.
  1. Force Majeure
Any delays in or failure caused by occurrences beyond LebWinks’ control, including acts of God, acts of our neighbor’s dog, storms, hurricane, earthquakes, riots, strikes, good programming on television, labor disturbances, bad hair days, war (whether declared or not), sabotage, interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, and any other cause or causes, whether similar or dissimilar to those herein specified. You acknowledge that the Internet consists of a series of networks (or perhaps tubes) that are subject to failures and errors in operation and transmission. In no event shall LebWinks be liable for or as a result of any such failures, errors, access, modifications, diversions or disclosures.
  1. Entire Agreement
This Agreement shall constitute the entire Agreement between you and LebWinks. You know that five bucks we may have owed you for that one thing? Forget about it. Call it even-stevens. Waivers of this Agreement are only effective if in writing and signed by both you and LebWinks. LebWinks may, at any time without notice and its sole discretion, change, modify, amend, suspend, or discontinue any aspect of the Services, including the website, the software, the documentation, or any other parts. LebWinks may amend this Agreement at any time in its sole discretion. Any amendment of this Agreement is effective upon its posting on the LebWinks’ website. You must visit the LebWinks website periodically to obtain notice of any changes. Continued use of the Services after the posting of a new Agreement constitutes your acceptance of the new Agreement. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
  1. Notices
All notices, demands or requests to LebWinks with respect to this Agreement shall be made in writing to: LebWinks, LLC, ATTN: Captain Amazing (aka Jason) at awesome@lebwinks.com. Informational requests or requests to become awesome may be made by sending an email to awesome@lebwinks.com. Did you notice they are the same address? Also, you can email our personal email accounts if you can find them. We’ll give you a hint: they contain an “@” and a “.com”.
    ACCEPTANCE
BY USING THE WEBSITE OR THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND CONDITIONS. DO NOT CLICK USE THE SERVICES IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.