1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to subscribe to Louis L'Amour's Lost Treasures
("LLLT"), you will be agreeing to abide by all of the terms
and conditions of this Agreement between you and Louis L'Amour's
Lost Treasures ("LLLT"), an Internet service of The Internet Trading
including paying any subscription fees, you may be granted access
to Louis L'Amour's Lost Treasures on-line content and materials
1.2 Louis L'Amour's Lost Treasures may change, add or remove
portions of this Agreement at any time, but if it does so, it
will post such changes on the web site, or send them to you via
e-mail or postal mail.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE
TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO:
firstname.lastname@example.org (SEE SECTION 10.1 REGARDING TERMINATION
OF SERVICE). YOUR CONTINUED USE OF LLLT NOW, OR FOLLOWING THE
POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL
INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 Louis L'Amour's Lost Treasures may change, suspend or discontinue
any aspect of the Service at any time, including the availability
of any Service feature, database, or content. Louis L'Amour's Lost
Treasures may also impose limits on certain features and services
or restrict your access to parts or all of the Service without
notice or liability.
2. Louis L'Amour's Lost Treasures CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 You acknowledge and agree that all content and materials
available on this site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights
and laws. Except as expressly authorized by LLLT, you agree not
to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create
derivative works from such materials or content. Notwithstanding
the above, you may print or download one copy of the materials
or content on this site on any single computer for your personal,
non-commercial use, provided you keep intact all copyright and
other proprietary notices. Systematic retrieval of data or other
content from this site to create or compile, directly or indirectly,
a collection, compilation, database or directory without written
permission from LLLT is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in these
storing, or redistribution for other than personal use of any
materials or design elements on this site is strictly prohibited
without the express written permission of LLLT. Permission is
granted only when certain limited criteria are met. For information
on requesting such permission, please click HERE.
3. FORUMS AND DISCUSSIONS
3.1 You shall not upload to, or distribute or otherwise publish
on the message boards (the "Forums") any libelous, defamatory,
obscene, pornographic, abusive, or otherwise illegal material.
3.2 (a) Be courteous. You agree that you will not threaten or
verbally abuse other Subscribers, use defamatory language, or
deliberately disrupt discussions with repetitive messages, meaningless
messages or "spam."
3.2 (b) Use respectful language. Like any community, the Forums
flourish only when our Subscribers feel welcome and safe. You
agree not to use language that abuses or discriminates on the
basis of race, religion, nationality, gender, sexual preference,
age, region, disability, etc. Hate speech of any kind is grounds
for immediate and permanent suspension of access to all or part
of the Service.
3.2 (c) Debate, but don't attack. In a community full of opinions
and preferences, people always disagree. LLLT encourages active
discussions and welcomes heated debate in our Forums. But personal
attacks are a direct violation of this Agreement and are grounds
for immediate and permanent suspension of access to all or part
of the Service.
3.3 The Forums shall be used only in a noncommercial manner.
You shall not, without the express approval of LLLT, distribute
or otherwise publish any material containing any solicitation
of funds, advertising or solicitation for goods or services.
3.4 You are solely responsible for the content of your messages.
However, while LLLT does not and cannot review every message posted
by you on the Forums and is not responsible for the content of
these messages, LLLT reserves the right to delete, move, or edit
messages that it, in its sole discretion, deems abusive, defamatory,
obscene, in violation of copyright or trademark laws, or otherwise
3.5 You acknowledge that any submissions you make to the Service
(e.g. Letter to the Editor, Review or Commentary) may be edited,
removed, modified, published, transmitted, and displayed by LLLT
and you waive any moral rights you may have in having the material
altered or changed in a manner not agreeable to you.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 Louis L'Amour's Lost Treasures contains links to other related
World Wide Web Internet sites, resources, and sponsors of Louis
L'Amour's Lost Treasures. Since LLLT is not responsible for the
availability of these outside resources, or their contents, you
should direct any concerns regarding any external link to the
site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials
of any kind submitted through your account will (i) violate, plagiarize,
or infringe upon the rights of any third party, including copyright,
trademark, privacy or other personal or proprietary rights; or
(ii) contain libelous or otherwise unlawful material; and (b)
that you are at least eighteen years old. You hereby indemnify,
defend and hold harmless LLLT and Louis L'Amour's Lost Treasures,
and all officers, directors, owners, agents, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability and costs, including,
without limitation, reasonable attorneys' fees, incurred by the
Indemnified Parties in connection with any claim arising out of
any breach by you or any user of your account of this Agreement
or the foregoing representations, warranties and covenants. You
shall cooperate as fully as reasonably required in the defense
of any such claim. LLLT reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject
to indemnification by you.
5.2 Neither LLLT nor The Internet Trading Post, LLC. represent
or endorse the accuracy or reliability of any advice, opinion,
statement, or other information displayed, uploaded, or distributed
through the Service by any user, information provider or any other
person or entity. You acknowledge that any reliance upon any such
opinion, advice, statement, memorandum, or information shall be
at your sole risk. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT
IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE INTERNET TRADING POST, LLC., ITS SUBSIDIARIES, AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE
OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
5.3 UNDER NO CIRCUMSTANCES SHALL The Internet Trading Post, LLC.,
ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF The
Internet Trading Post, LLC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE INTERNET
TRADING POST, LLC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
6. REGISTRATION AND SECURITY
6.1 As part of the registration process, you will select a password
and a subscriber ID. You also have to give us certain registration
information, all of which must be accurate and updated. (a) You
may not (i) select or use a subscriber ID of another person with
the intent to impersonate that person; (ii) use a subscriber ID
in which another person has rights without such person's authorization;
or (iii) use a subscriber ID that LLLT, in its sole discretion,
deems offensive. Failure to comply with the foregoing shall constitute
a breach of this Agreement, which may result in immediate termination
of your account. (b) You shall be responsible for maintaining
the confidentiality of your password, which you will not have
to reveal to any representative or agent of LLLT.
6.2 (a) You shall notify email@example.com of any known or
suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft, or unauthorized
disclosure of your password or credit card information.
6.3 You must be 18 years or older to subscribe to the Service;
however, persons of all ages may use it.
6.4 You are responsible for all usage or activity on your Louis
L'Amour's Lost Treasures account, including use of the account by
any third party authorized by you to use your subscriber ID and
password. Any fraudulent, abusive, or otherwise illegal activity
may be grounds for termination of your account, at LLLT's sole
discretion, and LLLT may refer you to appropriate law enforcement
7. FEES AND PAYMENTS
7.1. LLLT charges Membership Fees for access to portions of the
Service or the Service as a whole. However, in no event will you
be charged for access to the Service unless we obtain your prior
agreement to pay such charges. Charges are billed on a recurring
basis determined by the Membership Schedule (IE: Monthly, Semi-Annual,
Annual) you select when you join the service. You shall pay all
fees and charges incurred through your account at the rates in
effect for the billing period in which such fees and charges are
incurred, including, but not limited to charges for any products
or services offered for sale through the Service by LLLT or by
any other vendor or service provider. All fees and charges shall
be billed to and paid for by you. You shall pay all applicable
taxes relating to use of the Service through your account.
7.2. Membership Fees will continue to be billed to your account
until you cancel your membership. You can cancel your membership
at any time up to 48 hours prior to your monthly billing date
by sending email to firstname.lastname@example.org. You must include
your username in the cancellation message.
8. COMMUNICATIONS BETWEEN LLLT AND SUBSCRIBERS
8.1 If you indicate on your registration form that you want to
receive such information, LLLT, its owners and assigns, will allow
certain third party vendors to provide you with information about
products and services.
8.2 LLLT reserves the right to send electronic mail to you for
the purpose of informing you of changes or additions to the Service.
8.3 LLLT reserves the right to disclose information about your
usage and demographics, provided that it will not reveal your
personal identity in connection with the disclosure of such information.
Advertisers and/or Licensees on our website may collect and share
information about you only if you indicate your acceptance. For
more information please read the privacy statement of Louis L'Amour's Lost Treasures.
9. SOFTWARE LICENSES
9.1 You shall have no rights to the proprietary software and
related documentation, or any enhancements or modifications thereto,
provided to you in order to access the Service ("Access Software").
You may not sublicense, assign or transfer any licenses granted
by LLLT, and any attempt at such sublicense, assignment or transfer
shall be null and void. You may make one copy of such software
for archival purposes only. You may not otherwise copy, distribute,
modify, reverse engineer, or create derivative works from Access
10.1 You may terminate your account at any time by sending e-mail
to: email@example.com. Upon termination, you will receive
an automated confirmation via e-mail that the request was received,
and your access will be suspended within 48 hours. You are responsible
for all charges incurred up to the time the account is deactivated.
10.2 LLLT may, in its sole discretion, terminate or suspend your
access to all or part of the Service for any reason, including,
without limitation, breach or assignment of this Agreement.
11.1 This Agreement has been made in and shall be construed and
enforced in accordance with California law. Any action to enforce
this agreement shall be brought in the federal or state courts
located in Los Angeles, CA.
11.2 Notwithstanding any of the foregoing, nothing in this Subscriber
Agreement will serve to preempt the promises made in Louis L'Amour's
Lost Treasures Privacy Notice.
11.3 Official correspondence must be sent via postal mail to:
Louis L'Amour's Lost Treasures, P.O. Box 1211, Issaquah, WA 98027
11.4 You agree to report any copyright violations of the Subscriber
Agreement to Louis L'Amour's Lost Treasures as soon as you become
aware of them. In the event you have a claim of copyright infringement
with respect to material that is contained in Louis L'Amour's Lost
Treasures service, please notify us immediately.