Terms of Service
The website located at lesardevelopment.com and related online services, (collectively, the “Services”) are operated by LeSar Development Consultants, Inc., a California corporation (“LDC,” “we,” or “us”). The Terms of Service below (the “Terms”) govern your use of the Services and are a legal agreement between you and LDC.
By using the Services, you represent that (a) you have read and accept these Terms; (b) you are at least 18 years old; and (c) if you are using the Services as a representative of a company or other legal entity, you have the authority to enter into agreements on such entity’s behalf. Your continued use of the Services means that you accept any new or modified Terms. These Terms are subject to change at any time, but LDC will post a notice on this website of any material changes. Check back regularly.
In order to use certain features of the Services, you may need to create a user account (an “Account”). You will be asked to create a user name and password, which you’ll need to access the Services. By creating an Account, you certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current.
You are responsible for the security and confidentiality of your Account and the Account information you provide to us. You agree to use your best efforts to prevent unauthorized access to or use of the Services, including by maintaining a strong password and keeping your passwords and other Account information for the Services confidential. You agree to monitor and control all activity conducted through your Account and to notify us promptly if you become aware of or suspect any security breach regarding your Account.
2. Intellectual Property
Through the Services, you will have access to writings, graphics, audiovisual content, information, data, and other media, materials, and/or modes of expression (“Content”) that is owned or licensed by LDC and protected by copyright, trademark, patent, trade secret and other laws. LDC retains all rights to our Content, and your permission to use the Services under these Terms does not convey any additional right or ownership in connection with our Content.
You own the Content that you provide to LDC or otherwise make available through the Services. You grant to LDC a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use such Content in connection with providing, developing, or improving the Services. When you provide Content to LDC through the Services, you are stating to us that you have the right to make said Content available through the Service and to grant LDC the license set forth above.
You agree not to display any of LDC’s trademarks or use them in any manner without our express written permission.
If you believe that any Content available through our Services violates your rights under U.S. copyright law, you may submit a takedown notice pursuant to the Digital Millennium Copyright Act (DMCA) to [email protected]
3. Authorized Use
You agree to use the Services for lawful purposes only. You may not use or allow others to:
a. Post or transmit any Content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
b. Post or transmit any Content that you don’t have the right to transmit under law (such as material restricted by copyright laws) or under contractual or fiduciary relationships (such as nondisclosure agreements);
c. Post, transmit, or link to sexually explicit material;
d. Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
f. Violate any applicable law or regulation while accessing and using our sites
g. Post or transmit any file that contains viruses, corrupted files, “Trojan Horses”, or any other contaminating or destructive features that may damage someone’s computer;
h. Scrape our Content or otherwise use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our Services;
i. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our Services;
j. Take any action that damages or disrupts the functioning of our systems or Services;
k. Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
l. Access the Service by any means other than through the interfaces we provide for use in our accessing our sites.
GPLA may at any time, without prior notice and at our sole discretion, remove any post, terminate any Account, or take any other action in response to violation of the above rules.
You agree to defend, indemnify, and hold harmless GPLA from and against any claims arising from your breach of these Terms. GPLA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist our defense of such matter.
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LDC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LDC MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. LDC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LDC OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
6. Limitation of Liabilities
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER GPLA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GPLA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
If any provision in these Terms is found to be invalid or unenforceable the remaining provisions will continue in full force and effect. You may not assign your rights under these Terms to anyone else. We may assign our rights to any other individual or entity. These Terms will be governed by the laws of the United States of America and the State of California. You agree that any dispute arising from these Terms or your use of the Services shall be brought in a state or federal court located in the State of California, and you agree that said courts shall have sole and exclusive venue and jurisdiction over matters related to these Terms or your use of the Services.