LSTW Web Site

Terms and Conditions of Use

 

THIS WEB SITE IS OWNED BY LSTW, INC. (“LSTW”).  PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

 

1. LSTW Conditions of Use

LSTW reserves the right to make changes to these Terms and Conditions of Use at any time without notice to you. The most current version of the Terms and Conditions of Use can be reviewed by selecting the "Terms and Conditions of Use" hypertext link located at the bottom of our Web pages. It is your responsibility as a user of this Web Site to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the Web Site. Your continued use of this Web Site following any amendments will constitute agreement to such amendments.

2. Description of Services

LSTW.com offers the most unique and powerful event management features available today on the Internet.  The guest capacity of events is automatically managed and people having invitations to the events confirm their arrival by accepting an event invitation. There are multiple message boards setup automatically with every event created. The event guests can participate in the discussions prior to the event. The moderators and service providers of the events have separate message boards to communicate for event organization issues.

3. Privacy

Your privacy is very important to us. Please see our Privacy Policy, by selecting the "Privacy Policy " hypertext link located at the bottom of our Web pages.

4. Your Account

We will do our best on our end to protect your privacy. But you have responsibilities too. If you use this Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

5. Pricing and Purchase

Any prices listed on this Web Site include sales tax, where applicable, but do not include freight and handling charges, which may be extra. Prices are subject to change from time to time without advance notice.

LSTW reserves the right to correct typographical errors, or other pricing errors, such as incorrect quotes from our distributors. If a price was quoted in error, and the actual price is higher than the price quoted to you, you will be given a chance to continue with your order at the correct price, or to cancel your order. If the actual price is lower than the price quoted to you, your order will be processed and you will be charged the lower price.

You agree that all information that you provide to us, including your name, address and credit card or other payment information, is accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable shipping and handling charges relating to your purchases.

6. General Product and Service Warning

The products and services offered on this Web Site are for use under ordinary circumstances and conditions only. You should read the labels and other literature that come with any products sold on this Web Site and follow their instructions on proper use.

LSTW may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than LSTW, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. LSTW is 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 non-LSTW advertisers on the Site.  

7. No Unlawful or Prohibited Use

LSTW offers these products and services to adults for use in the United States only. We believe that it is lawful for us to sell these products and services within the United States and that it is lawful for you to use these products in the United States.

LSTW does not sell products to children. We sell only to adults who can purchase with a credit card. If you are under 18, you may use this Web Site only with involvement of a parent or guardian, and you should use the products and services on this Web Site only under the supervision of your parent or guardian.

LSTW and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

8. Warranties and Disclaimers

a) LSTW attempts to provide information that is as accurate as possible. However, we do not warrant that product descriptions or other content of this Web Site is accurate, complete, reliable, current, or error-free. If a product or service offered by us is not as described or is defective, your sole remedy is to return the product in its unused condition, or to or stop using the service, and request a refund or exchange, at our option. We reserve the right to charge a handling and restocking fee for returned items.

b) THE SITE, THE SITE MATERIALS (INCLUDING ANY LEGAL INFORMATION) AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LSTW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS ON THE SITE. LSTW DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LSTW DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

While LSTW endeavors to allow others to provide useful information, you acknowledge that such information is reliant upon those third parties, not LSTW, and such contributions may be incomplete or may contain inaccuracies. You should independently verify the accuracy of any information you obtain on the Site before using it. You agree to be solely responsible for your use of the content found on this Site, the Site Materials and the Services.

LSTW IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING PARTICULAR DATE REVIEWS. WHILE LSTW ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, LSTW CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.

LSTW reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.

c) IN NO EVENT SHALL LSTW OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LSTW OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LSTWS RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF LSTW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LSTW FOR ACCESS TO OR USE OF THE SITE.

 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

LSTW reserves the right to change any and all content contained on the Site and any Services offered through the Site at any time without notice.

 

d) Other Rights. This warranty gives you specific legal rights. You may have other rights which may vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or exclusions of incidental or consequential damages, so some of the above may not apply to you.

9. Copyright Complaints

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, LSTW has adopted a policy of terminating, in appropriate circumstances and at LSTWs sole discretion, subscribers or account holders who are deemed to be repeat infringers. LSTW may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

 

Name of agent to Receive Notification of Claimed Infringement:  Lori Hofmann

 

Full Address of Designated Agent to Which Notification Should be Sent:

 

16212 Bothell Everett Hwy
, Suite F PMB 189, Mill Creek, WA98012-1219

 

Telephone Number of Designated Agent: 206.799.1465

 

Facsimile Number of Designated Agent: 425.402.9237

 

E-Mail Address of Designated Agent:

 

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a users email address in our records, or by written communication sent by first-class mail to a users address in our records.

 

10. Risk of Loss

When you purchase products from LSTW, the risk of loss and title for such items pass to you upon our delivery to a reliable package delivery service. Please inquire by email if you wish to obtain delivery insurance for your purchases.

11. Copyrights and Trademarks

Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the LSTW logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of LSTW or its licensors or users and are protected by U.S. and international copyright laws.

 

You are granted a limited, non-sublicensable license to access and use the Site.  Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials, (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of LSTW, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

  “JALHO”, “Just A Little Help Online” and the LSTW logo are trademarks of LSTW, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LSTW or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing such trademarks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LSTW and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

 

12. Links to this Web Site

You may add links to this Web Site to your own Web Site, provided that you link to the main page of this Web Site, and that your link is to encourage people to use our Web Site for the purposes for which it was intended, and not to defame this Web Site in any way.

13. Links to Third Party Sites

This Web Site may contain links to third party sites, such as the sites of our suppliers. These sites are not under the control of LSTW and LSTW is not responsible for the content of any linked site. LSTW provides these links as a convenience to its customers, and the inclusion of any link does not imply endorsement of the linked site by LSTW.

14. User Posted Content & Other Interactive Services or Areas

 

You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to LSTW, or any postings on the Site, are non-confidential and shall become the sole property of LSTW. LSTW shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Site includes areas in which users may post content and information (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for commercial services or products;
  6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
  8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
  9. User Content that, in the sole judgment of LSTW, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose LSTW or its users to any harm or liability of any type.
  10. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

 

Additionally, you agree not to:

1.   contact anyone who has asked not to be contacted or "stalk" or otherwise harass anyone;

2.   collect personal data about other users for commercial or unlawful purposes;

3.   use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by LSTW;

4.   post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

5.   attempt to gain unauthorized access to LSTWs computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the JALHO website; or

6.   use any form of automated device or computer program that enables the submission of postings without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

7.   Threaten anyone or exploit anyone in a sexual, violent or other objectionable manner.

LSTW takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LSTW liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, LSTW is not liable for any statements, representations, responses, comments or other User Content provided by its users. Although LSTW has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, LSTW reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

If you post User Content to the Site, you grant LSTW and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant LSTW and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

15. Electronic Communications

When you visit our Web Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Indemnification

 

You agree to defend, indemnify and hold harmless LSTW, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

 

17. Law and Venue Applicable

By using this Web Site, you agree that your use of this Web Site is governed by and construed in accordance with the laws of the State of Washington, United States of America, without regard to principles of conflicts of laws, and that exclusive Venue for any action relating to this Agreement shall be properly laid in the Superior Court of Washington for King County, or in the United States District Court for the Western District of Washington at Seattle.

18. Severability

 

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

 

19. Termination

 

Notwithstanding any of these Site Terms, LSTW reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.

 

 

Copyright © 2008 by LSTW, Inc.