Thank you for using labortopia innovative platform for Seekers and serviced providers seeking to establish mutually beneficial learning relationships. Labortopia provides the service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on www.labortopia.com or any other websites launched by Labortopia (collectively, the "Labortopia Site") by Labortopia (collectively, these "Terms").
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE LABORTOPIA SITE OR USE THE SERVICE (AS DEFINED BELOW). BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE LABORTOPIA SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
We reserve the right to modify these Terms at any time by posting a notice on the Labortopia Site, or by sending you a notice via email or postal mail. Your viewing or using all or any part of the Service (as defined below) or the Labortopia Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification.
Labortopia provides users with access to a rich collection of on-line resources, including without limitation Services providers business web page hosting services, on- and off-line advertising services, promotional pricing services, and the ability to contact merchants from whom Home owner, students, schools, or other businesses seek services (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the Labortopia Site to solicit reviews from, and share reviews with other Labortopia users; search the Labortopia t database for reviews and business contact information; forward reviews to people you know, whether or not they are existing Labortopia users; invite people you know to join Labortopia; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Labortopia Service, and other items displayed on the Labortopia Site ("Content"), for your own use. You may not copy or distribute any portion of the Labortopia Site and/or the Service for any purpose not authorized above without the express written permission of labortopia. Labortopia does not control the Content posted by third parties via the Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL LABORTOPIA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT. Labortopia reserves all rights with respect to the Service and the Labortopia Site not expressly specified herein.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of Labortopia or use the Labortopia Site and the Service. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the Labortopia Site. Membership in the Service is void where prohibited by applicable law, and the right to access the Labortopia Site is revoked in such jurisdictions. You must be 13 years of age or older to use the Labortopia Site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Labortopia Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Labortopia Site is administered in the US and intended for US users; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the Labortopia Site.
In consideration of use of the Service and the Labortopia Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Labortopia has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Labortopia has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Additionally, you agree that if you provide false information to obtain access to a Labortopia business site that you are not legally entitled to claim, Labortopia will be entitled to collect liquidated damages of $1,000 per violation or actual damages incurred by Labortopia from you. You understand and agree that the Service may include certain communications from Labortopia, such as service announcements, administrative messages, and the Labortopia Newsletter, and that these communications are considered part of Labortopia membership and (except as prohibited by applicable law) you will not be able to opt out of receiving them.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Labortopia, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. This also means that you are entirely responsible for, among other things, (a) ensuring that you have all obtained all necessary legal rights to upload, post, or otherwise transmit Content via the Service (and to grant Labortopia the license to such Content set forth in Section 7 below), and (b) that any Content that you upload, post, or otherwise transmit via the Service complies in all respects with the Terms. Labortopia does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable.
In your use of the Service or the Labortopia Site, you agree not to:
You understand and agree that Labortopia may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of Labortopia violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Labortopia Site and/or other website users. You are solely responsible for your ratings and reviews of businesses listed on Labortopia. Labortopia reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with Labortopia 's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by Labortopia.
If you as a merchant use the promotional pricing feature to provide consumers with deals through the Labortopia platform, you represent and warrant to Labortopia that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the Labortopia platform. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify Labortopia against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
Labortopia does not claim ownership of the Content you place on your Labortopia Site. By uploading, submitting or otherwise disclosing or distributing content of any kind on the Labortopia website or otherwise through the Service, you:
You agree not to provide Labortopia with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that Labortopia does not pre-screen Content, but that Labortopia and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Labortopia and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable (in Labortopia's sole discretion). You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold Labortopia, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of the Terms, or (d) your violation of any rights of another.
You agree that Labortopia may, in its sole discretion and without notice, terminate your password, use of the Service, the Labortopia Site or use of any other Labortopia service, and remove and discard any Content within the Service or the Labortopia Site, for any reason, including, without limitation, for lack of use or if Labortopia believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Labortopia may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Labortopia may immediately deactivate or delete your pages on the Labortopia Site and all related information and files in your pages on the Labortopia Site and/or bar any further access to such files or the Service. Further, you agree that Labortopia shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
Labortopia runs advertisements and promotions on the Labortopia Site. By creating your pages on the Labortopia Site, you agree that Labortopia has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Labortopia on your Labortopia Site are subject to change in the sole discretion of Labortopia.
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant or advertiser. YOU AGREE THAT LABORTOPIA WILL NOT BE 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 ADVERTISERS ON THE SERVICE.
The Service and the Labortopia Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Labortopia has no control over such sites and resources, you acknowledge and agree that Labortopia's 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, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT LABORTOPIA 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.
You agree that all Content and materials delivered via the Service or otherwise made available by Labortopia are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Labortopia in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at Labortopia's website for your internal business purposes; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the Labortopia Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Labortopia is prohibited. Any third party that contacts our users for commercial reasons, including tosell them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance.
Reproducing, copying, or distributing any Content, materials, or design elements on the Labortopia Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of Labortopia. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Labortopia grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Labortopia for use in accessing the Service. Labortopia hereby reserves all rights not otherwise expressly granted in this Section 13.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
READERS ARE ADVISED THAT LABORTOPIA DOES NOT WARRANT THE SERVICES PROVIDED BY ANY SERVICE PROVIDER LISTED ON THE SITE. IT IS UP TO THE PARTIES INVOLVED TO CHOOSE THE PROVIDER BEST SUITED FOR EACH CUSTOMER. LABORTOPIA IS NOT INVOLVED IN THE SELECTION PROCESS.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A SERVICE FROM A PROVIDER IN LABORTOPIA'S NEWSLETTER OR WEBSITE.
IN NO EVENT SHALL LABORTOPIA (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF LABORTOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, AND OR EMOTIONAL DISTRESS AND DISCOMFORT. USERS ASSUME ALL RISK OF SUCH DAMAGES, IF ANY, THAT OCCUR AS A RESULT OF SUCH DAMAGES MEETING WITH OTHER MEMBERS OF THE SERVICE OR THE LABORTOPIA SITE OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE LABORTOPIA SITEFOR ANY REASON, INCLUDING, BUT NOT LIMITED TO WEATHER, CONDITION OF PREMISES, NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF MEMBERS OF THE SERVICE, INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE LABORTOPIA SITE, OR OTHER THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Labortopia Site.
Labortopia has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Labortopia 's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
* Labortopia Policy
It is Labortopia 's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
* Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the Labortopia Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
* Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Labortopia's policy:
* Procedure to Supply a Counter-Notice to the Designated Agent
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Labortopia may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Labortopia 's discretion.
* Address for Designated Agent. Please contact Labortopia 's Designated Agent to Receive Notification of Claimed Infringement at the following address:
o Keven Dones
o Copyright Agent, Labortopia LLC.
o Pox number goes here
o Phone: (857) 205-2478
o Fax: (xxx) xxx-xxxx
o Email to: email@example.com
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and Labortopia and govern your use of the Service, superseding any prior agreements between you and Labortopia (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Labortopia 's prior written consent. Labortopia may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Labortopia services, third-party Content or third-party software. The Terms and the relationship between you and Labortopia shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Labortopia agree to submit to the personal and exclusive jurisdiction of the courts located within Seattle, Washington. The failure of Labortopia 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 Terms 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. The section titles in the Terms are for convenience only and have no legal or contractual effect.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Labortopia Service, such activity is solely between you and the applicable third party. Labortopia shall have no liability, obligation or responsibility for any such activity. You hereby release Labortopia from all claims arising from such activity.
Labortopia and the Labortopia logo are proprietary service marks of Labortopia LLC. ©2007-2008 Labortopia, LLC. All rights reserved.
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND LABORTOPIA AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY, OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE WOULD OTHERWISE WOULD HAVE A RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of JAMS or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the JAMS. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. TO ENFORCE THE ARBITRATION AWARD, THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF WASHINGTON.
By using the Labortopia Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause Labortopia great and irreparable injury and damage. Accordingly, you agree that Labortopia shall be entitled, without waiving any additional rights or remedies otherwise available to Labortopia at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Please report any violations of the Terms to us at firstname.lastname@example.org