General Provision
Your access to and use of the LizardPost.com website (the “Website”) is conditioned upon your acceptance of and compliance with these Terms of Use which apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms of Use and affirm that you are 18 or more years of age and are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you disagree with any part of these Terms of Use then you do not have permission to access the Website. By accessing the Website you are agreeing that you have read and will abide by these Terms of Use.
Rules
The following rules (“Rules”) apply to all use of the Website. All Rules and these Terms of Use may be changed from time to time by Lizard Post.
Lizard Post may post from time to time certain rules applicable to the Website, (the “Rules”) for use which can be found at info@lizardpost.com. These Rules are incorporated into the Terms of Use by this reference. A violation of the Rules shall be a violation of the Terms of Use. All Rules and these Terms of Use may be changed from time to time by Lizard Post.
Personal Accounts
In order to access some features of the Website you may have to create a personal account. You agree to provide accurate and complete information in creating such account which shall be for your use only. You may not use an account of another person without the permission of Lizard Post LLC (“Lizard Post”). You agree that you are responsible for actions and submissions under your account. You authorized Lizard Post to charge your account for applicable fees. All fees are in US dollars. Taxes may apply in certain jurisdictions. Any fees paid will be non-refundable even in the event that content is removed from the Website for violation of these Terms of Use.
License
Persons over 18 are granted a revocable, nonexclusive, license to access and use the Website subject to and conditioned to these Terms of Use. By accessing the Website you agree as follows:
You will provide your correct and actual name and information and not impersonate any other person or entity or mispresent your affiliation with any other person or entity in violation of law.
You will not post, email or make available any material that is misleading, false, deceptive, deceitful, unlawful, abusive, defamatory, libelous harmful, or pornographic.
You will not post content that violates any federal state or local law, including but not limited to those relating to race, color, national origin, religion, sex, familial status or handicap.
You will not post content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other party
You will not offer any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
You will not collect personal data about other Website users for commercial or unlawful purposes or use automated means, including but not limited to robots, crawlers, or data mining tools to obtain information from the Website or use any automated posting devise.
You will not post or use on the Website any images, photographs, name or mark or anything else protected under applicable copyrights and trademark laws. Any actual or assumed violation of trademark or copyright laws is subject to removal. If you believe that an infringement has occurred you should contact Lizard Post at info@lizardpost.com
By using the website you grant to Lizard Post a perpetual, irrevocable, worldwide, royalty free license to use, copy, display, and distribute, (on any and all media) and make derivative works from,any content you post on the Website.
Limitation of Liability.
Any interactions between users of the Website, including payment and delivery of goods or services are solely between such users. All parties are advised to take precautions and make such advance investigation as the party deems necessary before completing any transaction. Lizard Post cannot guarantee the identity nor the validity of the information posted on the Website.
YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Lizard Post, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. Lizard Post MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE.
Lizard Post ASSUMES NO LIABILITY OR RESPONSIBILITY RESULTING FROM (A) YOUR ACCESS TO AND USE OF THE WEBSITE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (C) ANY VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY (D) ANY HARM RESULTING FROM USER CONTENT OR USER CONDUCT, INCLUDING BUT NOT LIMITED TO ILLEGAL CONDUCT, (E)ANY DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN USERS AND ANY THIRD PARTY OR (F) YOUR USE OF THE WEBSITE.
UNDER NO CIRCUMSTANCE SHALL Lizard Post BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Indemnification.
You agree to defend, indemnify, and hold harmless Lizard Post, its owners, members, officers, directors, affiliates, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third-party right, including without limitation any copyright, infringement, property, or privacy right.
Legal
Lizard Post makes no representations that the Website is appropriate or available for use in locations outside of the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. These Terms of Use shall be governed by the substantive laws of the State of Ohio, without respect to any conflict of laws principles. Any claim or dispute between you and Lizard Post that arises in whole or in part from the Website shall be determined by a court of competent jurisdiction located in Montgomery County Ohio. YOU AND Lizard Post AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY WAIVED. The Website may be available through mobile services; your carrier’s normal rates and fees, such as text messaging and data charges may apply.
Non Waiver
The failure of Lizard Post to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Amendment
Lizard Post may amend these Terms of Service at any time.
Rights Reserved
All content on the Website is provided “As Is” and may not be used, copied, or reproduced without the prior written consent of Lizard Post.LizardPost and its logo are trademarks owned and provided by Lizard Post. All rights are reserved.The Website copyrighted to Lizard Post and any reproduction, modification, creation of derivative works from the Website or any portions thereof for further reproduction or redistribution is prohibited
Third Party Advertisements and Links
The Website may contain advertisements for third parties. The inclusion of advertising, logos, links, or reference to any products, process, service, trade name, trademark, or manufacturer, is not an endorsement by Lizard Post of any such advertisers, links, entities, products, services, names or marks.
Disclaimer
Lizard Post shall not be responsible or liable for the accuracy of any information transmitted or made available through this Website, and shall not be responsible or liable for any error or omissions in that information.NOTWITHSTANDING PROHIBITIONS IN THESE TERMS OF USE, YOU UNDERSTAND THAT Lizard Post DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR POSTS ON THE WEBSITE BY PERSONS USING THE WEBSITE IN VIOLATION OF THE TERMS OF USE AND AS SUCH YOU MAY BE EXPOSED TO MATERIAL THAT IS OFFENSIVE, INDECENT, INACCURATE, MISLEADING, OR OTHERWISE OBJECTIONABLE. Lizard Post IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED LINKS PROVIDED BY USERS OF THE WEBSITE TO THIRD PARTY SITES. Lizard Post HAS THE RIGHT, BUT NOT THE OBLIGATION IN ITS SOLE AND ABSOLUTE DISCRETION TO DELETE ANY CONTENT POSED ON THE WEBSITE.
NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.
