Terms and Conditions
This agreement is in effect as of April 10, 2017.
We reserve the right to change this User Agreement and the Site and Services from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Site and Services after such modifications will constitute acknowledgment and agreement of the modified User Agreement.
Description of Service
Layman Lab provides you with access to download and/or purchase resources, products and services through this website (the “Services”). Unless explicitly stated otherwise, any new features, updates or new products shall be subject to the Terms. You understand and agree that the Services are provided “AS-IS” and that Layman Lab assumes no responsibility for the timeliness, deletion, mis-delivery of its products or failure to store any user communications, user setting or subscription.
Modifications to Service
Layman Lab reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and Services (or any part thereof) with or without notice. You agree that Layman Lab shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and Services.
Layman Lab may change, add or remove any part of this User Agreement, or any other terms associated with the use of the Site and Services, at any time. Any changes shall become part of the User Agreement and shall apply as soon as such a notice is posted. By continuing to use Layman Lab properties after the notice is posted, you are indicating your acceptance of those changes.
Limited, Non-Exclusive Licenses Offered
When purchasing a Layman Lab product or service from the Site, you have one limited, non-exclusive license option:
SINGLE PRODUCT: You may use the purchased software on one website. You may transfer your purchased software to another website, but only one product may be activated and used concurrently.
Links and Third Parties
Layman Lab may provide, or third parties may provide, links to other websites or resources. Because Layman Lab has no control over such sites and resources, you acknowledge and agree that Layman Lab is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Layman Lab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as the “Site and Services”), you agree to use the Site and Services only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
- In order to access our Site and Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Site and Services. You agree that any information you provide will always be accurate, correct, and up to date.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Site and Services. Accordingly, you are responsible for all activities that occur under your account(s).
- Accessing (or attempting to access) any of our Site and Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Site and Services through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with our Site and Services, including the servers and/or networks to which our Site and Services are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell our Site and Services is strictly prohibited.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we may not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any Layman Lab employees or representatives.
- We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- You agree to indemnify and hold harmless Layman Lab and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that the Site and Services we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- The use of our Site and Services will meet your needs or requirements;
- The use of our Site and Services will be uninterrupted, timely, secure or free from errors;
- The information obtained by using our Site and Services will be accurate or reliable;
- Any defects in the operation or functionality of the Site and Services we provide will be repaired or corrected;
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations;
- That this website, its content, products and the servers on which the website, products and content are available are free of viruses or other harmful components.
Furthermore, you understand and agree that:
Any content downloaded or otherwise obtained through the use of our Site and Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
No information or advice, whether expressed, implied, oral or written, obtained by you from Layman Lab or through the Site and Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that with regard to the content, products and services available through this site, in no event shall Layman Lab or its owners, officers, directors, employees, agents, successors, subsidiaries, affiliates, distributors or third parties providing information on this site be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Layman Lab has been advised of the possibility of such damages). This paragraph shall also apply to:
- The use or the inability to use the service;
- The cost of procurement of substitute goods and services resulting from any goods, data, information, products or services purchased or obtained or messages received or transactions entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the service;
- Any other matter relating to the service.
All content and materials available on the Site, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Layman Lab, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Layman Lab.
All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Site and Services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Site and Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
a. NON-WAIVER: The failure of Layman Lab to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
b. INDEMNIFICATION: You agree to indemnify, defend and hold Layman Lab harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this User Agreement.
RESTRICTIONS ON USE: You may not use Layman Lab’s site, content, products or services for any illegal purpose or in any manner inconsistent with these Terms. You agree to use your Layman Lab’s Site and Services solely for your own use and purposes and not for resale or other transfer or disposition to any other person or entity.
c. SEVERABILITY: If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
d. HEADINGS FOR CONVENIENCE ONLY: The section titles in the Terms are for convenience only and have no legal or contractual effect.
e. ENTIRE AGREEMENT: This Agreement and any other terms and conditions of service on any Layman Lab property constitute the entire agreement between you and Layman Lab and govern your use of the Service.
The Site is controlled by Layman Lab. It can be accessed by most countries around the world. By accessing our Site and Services, you agree that the statutes and laws of our state (New York), without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, LAYMAN LAB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about our User Agreement as outlined above, you can contact us at [email protected]