Thank you for visiting www.lmkr.com. We hope that you will find
this website ("Site") helpful and informative.
The following are the terms and conditions ("Terms") that apply to
and govern your use of this Site. These Terms also incorporate our
Privacy Policy. If you do not agree with any terms or conditions
herein, or have any questions, before proceeding contact us
directly at mktg@lmkr.com, and we will be
pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU
ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.
Exclusive Terms.
Please, note that these Terms exclusively govern your access and
use of this Site, and do not alter or affect the terms and
conditions of any other agreement that you may have or enter into
with any LMK Resources entities for any given product or service.
The latter agreement will continue to govern that specific legal
relationship with LMKR Resources. However, some pages on this Site
or areas of this Site with restricted access ("Secured Sites",
including client extranets or sites engaged in e-commerce) may
require the application of additional or special terms and
conditions (for example, licensing restrictions to download
software) which may be accessed through a separate link on the home
page of that Site.
Changes to Site.
In order to improve our service to you, we reserve the
right to make changes in the access, operation, and content of this
Site at any time without notice.
Secured Sites.
Access to some areas on this Site is restricted to users
("Authorized User(s)") who have completed a registration process,
and who have then been granted authorization for access through
issuance of a unique user ID and password ("Secured Site(s)"). No
other persons other than Authorized Users may access these Secured
Sites. Registrations, passwords, and user ID numbers are
non-transferable. Due to technical uncertainties in Internet
transmissions, LMK Resources cannot be responsible for
authenticating the identity of any person accessing a Secured Site
with a verified user ID and password. As an Authorized User, you
are solely responsible and liable to maintain the security and
confidentiality of your password and user ID, and accordingly, you
are liable for all resulting access, use and activities on these
Secured Sites under this ID and password, including any use by
others "borrowing" the user ID and password, or any fraudulent,
erroneous, or unauthorized third party use. Should you become aware
that your name, identity, account, system, electronic signature,
registration, user ID, password, or other protected data or your
identity is being used or attempted to be used on a Secured Site or
otherwise by an unauthorized third party, or in the event of any
other possible error, misuse or fraud, it is your responsibility to
inform us immediately upon discovery so we may take appropriate
action. We reserve the right to terminate any Authorized User's
access to and use of a Secured Site at any time, and without
notice, including but not limited to any possible or alleged
misuse, abuse, violation of law, fraud, or misconduct by any person
accessing or using the Secured Site under a user ID and
password.
Copyright Notice.
You acknowledge that, unless otherwise specifically
designated, LMK Resources is the sole owner of all intellectual
property rights to this Site and its contents, including but not
limited to copyright protection for all content, including the
design, layout, graphics, photos, format, and other visual elements
of the Site. All ownership rights pertaining to the information and
material contained on this Site, including but not limited to the
LMK Resources name, logos, trademark, graphics, photos, images, and
content, are owned or have been duly licensed by LMK Resources,
WITH ALL RIGHTS RESERVED. The Site pages and content may be
electronically copied or printed in hard copy for internal
informational, personal or non-commercial use only, provided that
no modifications are made, it is not published in any media, and on
each page of ever internal copy, LMK Resources is acknowledged as
the source with a copyright symbol. You are not granted any license
to use the content. Any use other than that set forth above,
including the non-internal reproduction, modification, copying,
display or use of any copyright-protected by LMK Resources or other
logo, graphic, photo or image, without the prior written permission
of LMK Resources, is strictly prohibited and will be enforced to
the full extent of the law. Except for data and information
submitted pursuant to an existing agreement with LMK Resources, any
ideas, material, or content submitted by any user on or through
this Site (including by e-mail) is, to the extent you own the
intellectual property rights, the sole property of LMK Resources,
and LMK Resources has no obligation of confidentiality nor are we
responsible for any claims of infringement or misappropriation that
may result from any submission. Personal information submitted will
be treated in accordance with our Privacy Policy. LMK Resources
makes no guarantee, representation or warranty that the content of
this Site or its use will not infringe upon the intellectual
property right of any person, nor that the use, transfer,
reproduction, distribution, transmission, or storage of any Site
content outside the United States is in compliance with the laws of
any other governmental authority or jurisdiction which may be
applicable.
No Warranties Provided.
The information on this Site is provided for general
information purposes only. While LMK Resources strives to provide
timely, accurate and complete information, you may discover some
inadvertent typographical, technical, factual, or other errors or
omissions in the information provided. Please bring them to our
attention at mktg@lmkr.com. Since such mistakes
may occur, LMK RESOURCES MAKES NO GUARANTEES, WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY,
TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS
FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS
OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR
THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US.
WE ARE PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN
ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES
(EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
User Conduct.
For the convenience of our users, some areas on this Site
may allow for interactive communication, some of which may be
conducted in "real time". You agree not to post any content which
is or may be, in whole or in part: false, unlawful, criminal,
fraudulent, misleading, infringing, libelous, slanderous,
defamatory, profane, racist, sexist, threatening, inflammatory,
obscene, invasive of personal or privacy rights, advertising,
promoting or soliciting for commercial purposes, containing any
known viruses or bugs, or which is otherwise harmful, offensive,
inappropriate, or unprofessional. LMK Resources has no obligation
to monitor, screen, filter or edit any information, communication,
or content that is directly posted by or shared by users on the
Site, however we may at our discretion from time to time monitor
use of the Site, and we reserve the right to delete or edit any
objectionable content posted or submitted by authorized users,
terminate the user's access to the Site, deny future access, or
take any other action we deem appropriate under the circumstances.
Please report any such violations to us at mktg@lmkr.com. LMK Resources will
handle any personally identifiable data or information posted by
you in accordance with our Privacy Statement, however, any third
party liability or usage which may arise from your posting will be
solely at your own risk. Information obtained through monitoring
our Site may also be used for duly authorized law enforcement
investigations. We also reserve the right to identify and
investigate inquiries to the extent required to comply with
applicable laws and regulations, including but not limited to U.S.
export control laws and executive orders. LMK Resources will have
no liability for any content posted by users on any Site (including
Secured Sites).
Compliance with all Laws.
This Site is operated from servers located in Houston,
Texas. You agree that your use of this Site will be in compliance
with all relevant and applicable laws and regulations, which shall
include but not be limited to U.S., export control laws and
executive orders. The information provided on and through this Site
or any Secured Site may be deemed in some cases to be controlled
technology and subject to the export control restrictions of the
United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL
APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO
ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN
WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Site
may not be accessed or used by any national of certain countries or
groups against which the United States has instituted sanctions
(including Iran, Libya, Iraq, Cuba, the Sudan, and members of some
Angolan and Serbian groups), Specially Designated Nationals, and
other proscribed persons who are listed on the Denied Parties list.
Due to technical uncertainties preventing verification of the
identity and ultimate point of access by any person attempting to
access or use the Site, including any Secured Site, your access of
the Site, including the presentment of any authorized user ID and
password, constitutes your express representation that (1) the
person attempting access there under is not a national of any such
sanctioned country or group or a Specially Designated National, and
(2) is not included on such Denied Parties list, and (3) that, if
an Authorized User, you have not disclosed or provided such
password and user ID to any such person for use under your
registration. Users shall be fully liable and subject to
prosecution to the full extent of the law for any violations of
this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY
AND HOLD LMK RESOURCES HARMLESS FROM AND AGAINST ANY AND ALL SUCH
DAMAGES AND LIABILITY.
Site Security.
In order to ensure that the Site remains open to the
extent possible and available to all users, we have mechanisms in
place to identify unauthorized attempts to gain access to Secured
Sites, upload or change information or any image, inject any
harmful elements, or otherwise cause damage. Regardless, even
though we strive to keep these mechanisms up to date, due to the
technical uncertainties, we are unable to make any representation
or warranty that the content, information, or links in this Site
are secure and free of data-processing errors, technical glitches,
operational problems, interruptions, errors, bugs, worms, viruses,
unauthorized third party access, or any other harmful elements. YOU
REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR
SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload,
insert, or change any information or image on this Site or cause
harm are strictly prohibited and may be punishable to the full
extent of the law, including the Computer Fraud and Abuse Act and
the National Information Infrastructure Protection Act.
Outside Links.
For your information or convenience, this Site may
contain direct links or hyperlinks to websites that are maintained
by third parties. When clicking on such a link, you are leaving our
Site. Therefore, LMK Resources has no control over, does not
endorse, and is not liable for, the quality, operation,
reliability, compliance with laws, ethics, business practices, nor
content of such third party websites, or for any product or service
advertised or provided therein. Any transactions with such third
parties, including provision of your personal information, are
strictly at your own risk. We expressly disclaim all liability
arising from your access of and for the content contained within or
through any such third party website.
Access Outside United States.
If you are accessing this Site from outside the United
States, you are doing so at your own risk, and you remain fully
responsible and liable for familiarity and compliance with these
Terms as well as with the laws, regulations, directives, codes, and
rules of the United States, including its export compliance laws
and regulations, as well those of the jurisdiction from which you
are accessing the Site, and any other applicable jurisdiction which
may be involved in the access, transmission, routing, receipt,
disclosure, storage or use of information on this Site, or any
commercial transactions conducted on or through this Site.
Privacy.
The use of your personal information given to us during
your visit to our Site is governed by the LMK Resources Privacy
Policy, which is posted on this Site and incorporated into these
Terms. You agree that any personal information you choose to
provide to us will be accurate and truthful to the best of your
knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION.
YOU AGREE THAT LMK RESOURCES AND ITS AFFILIATES AND
DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS,
ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY
RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT,
ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS
OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF
THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, LMK RESOURCES
AND ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE
PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS,
DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE
SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE
EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution.
You agree that these Terms will be interpreted under the
laws of the State of Texas, regardless of any conflicts of laws
rules, and regardless of the laws of any other jurisdiction, which
may be asserted. Any dispute or claim which you may have ("Claim")
arising from your access or use of the Site shall be first
submitted in writing to LMK Resources within one month (30 days)
from the occurrence of the event upon which such Claim is alleged
to be based, or such Claim shall be deemed waived. Any claims,
which have been properly submitted to LMK Resources, and which have
not been resolved within a reasonable period time not to exceed six
(6) months, may be submitted to binding arbitration as an exclusive
alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING
ANY LITIGATION IN ANY JURISDICTION AGAINST LMK RESOURCES BASED ON
YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any
arbitration will be administered by the American Arbitration
Association in Houston, Texas, in accordance with its applicable
commercial rules and procedures. Any arbitral award will
specifically exclude any special, indirect, incidental, exemplary,
punitive, or consequential damages.
Thank you for visiting
www.lmkr.com. If you have any questions, comments, or
suggestions concerning this Site, we would like to hear from you.
Please contact mktg@lmkr.com.