Last Revised: October 29, 2016
We reserve the right to change these Terms and the Site and Services from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms 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 Terms.
Description of Service
We may provide 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 We 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
We reserve 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 We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and Services.
We may change, add or remove any part of the Terms associated with the use of the Site and Services, at any time. Any changes shall become part of the Terms and shall apply as soon as such a notice is posted. By continuing to use Our properties after the notice is posted, you are indicating your acceptance of those changes.
Links and Third Parties
We may provide, or third parties may provide, links to other websites or resources. Because We have no control over such sites and resources, you acknowledge and agree that We are 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 We 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 these Terms, 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 of Our 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 these Terms, 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 these Terms. 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 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 Us or through the Site and Services We provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
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 We have 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.
The Don’t Leave It! app is Patent Pending.
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.
- NON-WAIVER: The failure of Layman Lab to exercise or enforce any right or provision of the Terms 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 Terms 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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- 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 the Terms.
- 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.
- 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.
- HEADINGS FOR CONVENIENCE ONLY: The section titles in the Terms are for convenience only and have no legal or contractual effect.
- 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 Terms as outlined above, you can contact Us at [email protected]
Last Revised: October 29, 2016
By downloading or using the “Don’t Leave It!” App, these Terms will automatically apply to you, and you shall be deemed to confirm your acceptance of the Terms – so make sure that you read and understand these Terms carefully before using the App. If you do not agree with all of the provisions of these Terms, then you may not access or use the App.
Subject to these Terms, We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the App for the purposes detailed herein.
The rights granted to you in these Terms are subject to the following restrictions:
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, whether in whole or in part, or any content displayed on the App;
- You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App;
- You shall not access the App in order to build a similar or competitive app, website, product, or service; and
- except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms.
We reserve the right, at any time, to modify, suspend, or discontinue the App (in whole or in part) with or without notice to you. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or any part thereof.
No Guarantee of Support or Maintenance
While We intend to provide support and maintenance for the App, you acknowledge and agree that We will have no obligation to provide you with any support or maintenance in connection with the App.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the App and its content are owned by Us. Neither these Terms (nor your access to the App) transfers to you, or any third party, any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1. The App and Layman Lab reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.
You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, property damage, ownership disputes, and/or infringement claims), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, your use of the App.
You agree to indemnify and hold Us (and Our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by you, or any third party, due to or arising out of (a) your use of the App, (b) your violation of these Terms (c) your violation of applicable laws or regulations, (d) a third party’s claim with respect to your use of the App.
You agree to be bound by the Layman Lab refund policy. Layman Lab currently does not offer refunds for digital products.
The App is provided on an “as-is” and “as available” basis, and We expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. While the App is designed to assist with the completion of certain tasks or to remind you to perform certain tasks, there are no warranties of any kind that use of the App will in fact help you complete or remember these tasks. Additionally, while We make every feasible attempt to ensure that Our App will function as it was intended, We make no warranty that the App will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of harmful code from third parties. If applicable law requires any warranties with respect to the App, all such warranties are limited in duration to ninety (90) days from the date of first use.
Limitation on Liability
To the maximum extent permitted by law, in no event shall We (or Our suppliers) be liable to you, or any third party, for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the App, even if We have been advised of the possibility of such damages. Access to, and use of the App is at your own discretion and risk, and you will be solely responsible for any damage to your device, or loss of data resulting therefrom. Your maximum recovery in damages from Us shall be limited to the cost of the app purchased from us.
Term and Termination
Subject to this section, these Terms will remain in full force and effect while You use the App. We may suspend or terminate Your rights to use the App at any time for any reason at Our sole discretion, including for any use of the App in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the App will terminate immediately. We will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, all rights granted to or retained by Layman Lab hereunder shall remain in full force and effect.
Links to Other Websites or Third Party Services
Our App may contain links to third party websites, apps or services that are not owned or controlled by Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, apps or services. You further acknowledge and agree that We 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 websites, apps or services. You further acknowledge that You are bound by the Terms and Policies when using these sites.
Advertisements and Promotions
We may display advertisements and promotions from third parties within the App or Services. Your business dealings or correspondence with, or participation in promotions of, advertisers or companies other than Layman Lab, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisements or promotions within the App or made available through the Services.
We reserve the right to change or modify any of the Terms of the App or Service, at any time and in Our sole discretion. If We make any substantial changes, We may, at Our sole discretion, notify you by prominently posting notice of the changes within Our App. Additionally, We will publish the date of the revision at the top of the Terms. Any changes or modifications will be effective immediately upon the posting of the revisions within the App. Your continued use of the App or Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications and agreement to be bound by the Terms of such changes or modifications. Therefore, you should review these Terms and applicable policies from time-to-time to ensure you agree with any revisions.
The communications between you and Us may be through electronic means, whether you use the App or send Us emails, or whether We post notices within the App or communicate with you via email. For contractual purposes, you (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
These Terms constitute the entire agreement between you and Us regarding the use of the App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Us is that of a consumer, and neither party is an agent or partner of the other.
Copyright ©2016 Layman Lab, Inc. The Don’t Leave It! app is Patent Pending. All rights reserved. All trademarks, logos, graphics, icons, and service marks (“Marks”) displayed within the App are Our property. You are not permitted to use these Marks without Our prior written consent.
If you have any questions about these Terms, please contact Us at [email protected], or at Our mailing address:
Layman Lab, Inc.
12759 NE Whitaker Way, # K297
Portland, OR 97230