Terms and Conditions of the use of LibertyITSolutions.com web-site
These Terms and Conditions apply when you access our website to use libertyitsolutions.com (“Liberty IT Solutions”) services. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website.
Liberty IT Solutions may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our web site (“the Site”) and announcing such changes in the site administration forum.
Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site.
Table of contents
- The Site
- Access and Interference
- No Warranty
- Liability Limit
- Legal Compliance
- Intellectual Property
- Intellectual Property Infringement
1. The Site
1.1 Liberty IT Solutions reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member’s responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Liberty IT Solutions, Inc.
1.2 Liberty IT Solutions does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.
1.3 Where Liberty IT Solutions provides hyperlinks to a third parties website, Liberty IT Solutions shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and Liberty IT Solutions does not endorse or approve the content of such third parties web-sites.
1.4 Liberty IT Solutions makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum.
2. Access and Interference
2.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Liberty IT Solutions.
2.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
2.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
2.4 Much of the information on the Site is proprietary or is licensed to Liberty IT Solutions by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Liberty IT Solutions or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.
4. No Warranty
4.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an “as available basis” at the user's sole risk and without representations or warranties of any kind and to the full extent permitted by law. Liberty IT Solutions and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.
5. Liability Limit
5.1 Nothing in this agreement is intended to limit or exclude any liability on the part of Liberty IT Solutions where and to the extent that applicable law prohibits such exclusion or limitation.
5.2 Subject to the above statement, in no event shall Liberty IT Solutions or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement.
5.3 Accordingly subject to clause 13.1, you agree not to bring a claim of any nature against Liberty IT Solutions in relation the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that Liberty IT Solutions will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Liberty IT Solutions in breach of the foregoing.
6.1 You agree to indemnify, defend and hold harmless Liberty IT Solutions and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
7. Legal Compliance
7.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
8.1 All notices required to be served on Liberty IT Solutions shall be sent to the contact address.
9.1 Any controversy or claim arising out of or relating to this Agreement or Liberty IT Solutions’ Services shall be settled by an arbitration tribunal designated by Liberty IT Solutions. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or LibertyITSolutions.com may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Missouri necessary to protect the rights or property of you or us pending the completion of arbitration.
10. Intellectual Property
10.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names) in the Site belongs to Liberty IT Solutions or its third party licensors. Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this Site, meaning that you may only display it on its computer screen and print it out on its printer for the sole purpose of viewing its content in connection with the Services.
10.2 Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Liberty IT Solutions or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.
10.3 Liberty IT Solutions reserves the right in accordance with the license granted under clause 7.3 to license and republish the material contributed by you. Any work republished will be with proper attribution to the author.
10.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:
10.4.1 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Liberty IT Solutions' or the relevant licensee's prior written permission;
10.4.2 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Liberty IT Solutions Services without Liberty IT Solutions' or the relevant licensee's prior written permission;
10.4.3 display, publish, copy, print, post or otherwise use the Liberty IT Solutions Services and the information contained therein for the benefit of any other website without Liberty IT Solutions' or the relevant licensee's prior written permission;
10.4.4 process or otherwise use the information contained on or within the Liberty IT Solutions Services for any illegal or immoral purpose nor use or process the same unfairly.
10.5 You agree and accept that Liberty IT Solutions may publish or otherwise distribute your Information and you therefore grant to Liberty IT Solutions an irrevocable, perpetual, non-exclusive right and license to publish the Submissions and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.
10.6 You therefore hereby undertake to Liberty IT Solutions to indemnify and hold harmless Liberty IT Solutions in full and defend at its own expense Liberty IT Solutions against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Liberty IT Solutions its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.
10.7 Liberty IT Solutions, LibertyITSolutions.com, the Liberty IT Solutions logo are trade names or trade marks of Liberty IT Solutions, the use of which is expressly forbidden by any other persons without the express permission of Liberty IT Solutions.
10.8 Liberty IT Solutions makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Liberty IT Solutions Services please contact Liberty IT Solutions at the address below.
11. Intellectual Property Infringement
11.1 Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for Liberty IT Solutions to know if a posting or other content contribution infringes a third party’s intellectual property right and to what degree.
11.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Liberty IT Solutions immediately. Liberty IT Solutions accepts no liability for copyright infringement by any of its members though Liberty IT Solutions will endeavour to protect any rights owner through appropriate action should any infringement come to light.