In using this website you are deemed
to have read and agreed to the following terms and
conditions:
Please read all these provisions ("terms") carefully
before using this Web site.
Using this Web site indicates your agreement and acceptance of
these terms. If you do not accept these terms, do not use this Web
site or download materials from this site.
The Site and its Use
LMKR website (www.lmkr.com) is owned and provided by LMK Resources
Inc. from its offices in Houston, Texas.
For purposes herein LMK Resources Inc. shall include its parent
company, subsidiaries, affiliates and assigns collectively referred
to as "LMKR". The applicable Web site is referred to herein as the
"Site". The Site is provided for your personal information and
non-commercial use.
Please feel free to browse the Site; however, your access to and
use of the Site is subject to the following Terms and all
applicable laws:
- You shall use the Site for lawful purposes only.
- You shall not post or transmit through the Site any information
or material which violates or infringes, in any way, the rights of
others, or which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane,
harassing, or otherwise objectionable.
- Nor shall you post or transmit through the Site any information
or material which encourages conduct that would constitute a
criminal offense, give rise to liability or otherwise violate any
law or administrative ruling or guidelines, is in violation of
these Terms, or which, without LMKR's prior written approval,
contain advertising or any solicitation with respect to products or
services.
Any conduct by you that, in LMKR's opinion, restricts or inhibits
any other user from using or enjoying the Site will not be
permitted.
The Site contains information and material, including, but not
limited to, text, forms, photos, video, graphics and audio,
(collectively "Materials") which are derived in whole or in part
from information and materials supplied by LMKR and other sources,
and are protected by international copyright, trademark and other
laws and the entire content of the Site is copyrighted as a
collective work.
LMKR owns the copyright in the overall selection, coordination,
arrangement and enhancement of such content, and owns the rights
in, or license to use, the individual components of such
content.
Materials may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted or distributed in any way or
decompiled, reverse engineered or disassembled, including but not
limited to the text, images, audio and/or video, as well as any
software (including but not limited to any images or files
incorporated in or generated by the software or data accompanying
such software), except that you may download one copy of the
Materials on any single computer for your personal, non-commercial
use only, provided you keep intact all copyright, trademark and
other proprietary notices and make no change in or deletion of
author attribution.
This limited authorization is not a transfer of title in the
Materials and by your use of the Site, you acknowledge that you do
not acquire any license, ownership or other rights to the
Materials.
Modification of the Materials or use of the Materials for any
other purpose is a violation of LMKR's or such other sources'
copyright, trademark and other proprietary rights and may violate
other laws.
The use of any such Materials on any other Web site or networked
computer or environment is prohibited without LMKR's express
written consent. If you breach any of these Terms, your
authorization to use the Site automatically terminates and you must
immediately destroy any downloaded or printed Materials.
Disclaimer
The site and materials and related communications are provided "as
is" without any representations or warranties, express or implied,
of any kind, including, but not limited to, warranties of
merchantability, non-infringement, or fitness for particular
purpose.
Some jurisdictions do not allow for the exclusion of implied
warranties, so the above exclusions of implied warranties may not
be applicable under certain circumstances. Under these
circumstances, all other exclusions remain in force.
LMKR does not warrant the accuracy, reliability or completeness of
any information contained on this site. Nor does it warrant or
represent that any information may be suitable for use in any
circumstance or application. By using this site you acknowledge
that any reliance on any such materials, advice, statement or
information shall be at your sole risk.
LMKR assumes no responsibility and shall not be liable for any
damages of any nature caused by the use of this site. This express
disclaimer includes damages caused by viruses, worms, trojans or
any other computer software or anomaly that may infect, affect, or
damage your computer hardware, software, memory or any other
property of yours or others, as a result of your access to, use of,
or browsing in this site.
Third-Party Sites
LMKR may provide as a convenience to you, links to Web sites
operated by other entities and persons, but makes no
representations whatsoever about any other Web site which you may
access through this one. Any link to a non-LMKR Web site does not
mean that LMKR endorses or accepts any responsibility for the
content, or the use of such Web site.
If you use these sites, you do so at your own risk. LMKR makes no
warranty or representation regarding, and does not sponsor or
endorse, any linked Web sites or the information or materials
appearing thereon or any of products and services described
thereon.
Furthermore, links do not imply that LMKR is affiliated or
associated with, unless specified, or that any linked site is
authorized to use any trademark, trade name, logo, or copyright of
LMKR and vise versa.
Third Party Content
Any opinions, statements, services, offers or other information or
content expressed or made available in the Site by any third party
are those of the respective author(s) or distributor(s) and not of
LMKR.
Limitation of Liability
Your use and browsing of the Site is at your risk. If you are
dissatisfied with any of the Materials contained in the Site, or
with any of these Terms, your sole and exclusive remedy is to
discontinue accessing and using the Site.
Under no circumstances will LMKR, its suppliers or other third
parties mentioned at, or involved in creating, producing, or
delivering the site be liable for any direct, incidental,
consequential, indirect, special or punitive damages whatsoever
(including without limitation, costs and expenses of any type
incurred, lost profits, lost data or programs, and business
interruption) arising out of your access to, use, inability to use
or the results of use of the site any Web sites linked to the site,
or any materials contained at any or all such sites (including but
not limited to those caused by or resulting from a failure of
performance; error; omission; linking to other Web sites;
interruption; deletion; defect; delay in operation or transmission;
computer virus; communication line failure; or destruction,
unauthorized access to, alteration of, or use of any computer or
system), whether based on warranty, contract, tort, negligence,
strict liability, or any other legal theory and whether or not LMKR
was advised of the possibility of such damages.
LMKR shall have no liability or responsibility for any acts,
omissions, or conduct of any user or third party.
LMKR's obligations and responsibilities regarding its products and
services are governed solely by LMKR's terms and conditions of sale
or license under which such products and services are sold or
licensed.
Copies of such terms and conditions are available from the
applicable LMKR entity.
Safe Harbor
The Materials at the Site may contain various forward-looking
statements and which may be based on or include assumptions,
concerning LMKR's operations, future results and prospects. These
forward-looking statements are based on current expectations and
are subject to risk and uncertainties.
In connection with the "safe harbor" provisions of the United
States' Private Securities Litigation Reform Act of 1995, LMKR
provides the following cautionary statement identifying important
economic, political and technology factors which, among others,
could cause the actual results or events to differ materially from
those set forth or implied by the forward-looking statements and
related assumptions.
Such factors include the following:
- changes in the current and future business environment,
including interest rates and capital and consumer spending;
- competitive factors and competitor responses to LMKR's
initiatives;
- successful development and market introductions of anticipated
products;
- changes in government laws and regulations, including
taxes;
- unstable governments and business conditions in emerging
economies;
- continuation of the favorable environment to make acquisitions,
domestic and foreign, including regulatory requirements and market
values of candidates.
Information Provided By You
It has been and remains LMKR's policy not to accept or consider
ideas, suggestions or materials other than those that LMKR has
specifically requested from you. Accordingly, LMKR does not want
you to, and you should not, send any confidential or proprietary
information to LMKR through the Site unless specifically requested
by LMKR. Please note that any unsolicited information or material
sent to LMKR will be deemed not to be confidential or
proprietary.
By submitting information and material to the Site, you
automatically grant to LMKR (or warrant that the owner of such
information and material has expressly granted to LMKR) a
royalty-free, perpetual, irrevocable, unrestricted, right and
license to use, reproduce, display, perform, modify, adapt,
publish, translate, transmit and distribute, or otherwise make
available to other such information and material (in whole or in
part and for any purpose) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or
hereafter developed. You also agree that LMKR is free to use any
ideas, concepts, know-how, or techniques that you send LMKR for any
purpose.
As further provided above, LMKR does not want to receive, and you
are deemed to covenant and agree through the use of the Site not to
provide, any information or materials to LMKR that are defamatory,
threatening, obscene, harassing, in violation of any law,
governmental requirements or otherwise unlawful, or that
incorporate the proprietary information or materials of another
person or entity.
You shall not upload, post or otherwise make available on the Site
any information and material protected by copyright, trademark or
other proprietary right without the express written permission of
the owner of such right(s).
You shall be solely liable for any damages resulting from any
infringement of copyright, proprietary rights, or any other harm
resulting from such a submission.
Changes
LMKR reserves the right, in its sole discretion, to revise these
Terms at any time and correct any errors or omissions in any
portion of the Site and Materials. Materials may also be changed,
modified, added, or removed and updated without notice at any time;
however, LMKR is under no obligation to update Materials.
LMKR may also make changes in the products, services, programs, or
prices (if any) described in the Site at any time without notice.
Your continued use of the Site after any change LMKR makes to the
Site will be considered acceptance of those changes.
You should revisit these Terms from time to time to review the
then-current Terms because they are binding on you.
International Users
The Site is administered by LMKR from its offices in the United
States. Materials published at the Site may refer to products,
programs, or services that are not available in your country.
Consult your local LMKR business contact in this regard.
Furthermore, LMKR makes no representation that the Materials at
the Site are appropriate or available for use at other locations
outside of the United States and access to them from territories
where their contents are illegal is prohibited.
You may not use the Site or export information and materials in
violation of the export laws of the United States or any other
country. If you access the Site from a location outside of the
United States, you are responsible for compliance with all
applicable laws.
Governing Law
These Terms shall be governed by the laws of the State of Texas,
without giving effect to any principles of conflicts of law. If any
provision of this Agreement and Terms shall be unlawful, void, or
for any reason unenforceable then that provision shall be severable
from these Terms and shall not affect the validity and
enforceability of any remaining provisions.
These Terms constitute the entire agreement between LMKR and you
with respect to your use of the Site. Any cause of action you may
have with respect to your use of the Site must be commenced within
six (6) months after the claim or cause of action arises.