When using LBC Conferencing Inc., ("LBC") services ("Services"), and all hardware and software operated in connection therewith ("System") you agree to the terms and conditions listed on this page (the "Terms of Use").
If you order or use any LBC Services or visit our Website, you accept these Terms of Use so please read them carefully. In addition, when you use any current or future LBC services whether or not included in our Website, you will also be subject to our current Terms of Use.
Privacy
To understand our practices, please review our privacy policy that also governs your visit to our Website and use of our services. A complete statement of our privacy policy can be found here.
Ownership
All rights that are not granted to you are reserved by LBC. The Services, System, our technology, and any updates or improvements to the Services, System, or our technology, are owned by LBC and its licensors. LBC and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services, System and technology. You will have no right, title, or interest in or to the same. Nothing in this Agreement will be deemed to grant, by implication, estoppel, or otherwise, a license under any of LBC's or its licensor's, existing or future rights in or to the Services, System or our technology and any updates or improvements thereto. You understand that our Services, System and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, decompile, create other works from, or disassemble any of our software without our prior written consent. LBC is a reseller of Raindance, which owns U.S. Patents 5,944,791 and 6,263,365 relating to various aspects of collaborative web browsing systems and methods.
Trademarks
LBC, and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of LBC Global Inc. LBC trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by LBC, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LBC. All other trademarks not owned by LBC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LBC.
Your Account
You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your account number and password. You agree to accept responsibility and liability for all activities that occur under your account or password whether lawful or unlawful. You are also solely responsible for all uses of your account and password, whether or not actually or expressly authorized by you. We do not sell products or services for children. If you are under 18, you may use our services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of Terms of Use may result in immediate deletion of your account.
Payment
We will send you a monthly invoice for your use of the services. You agree to pay the invoice by the due date. If you do not pay the entire invoice by the due date we may apply a late payment charge at the lesser of one and one half percent (1.5%) per month or the highest rate permissible under the applicable law. At any time, we may require a deposit or other form of advance payment prior to providing or continuing to provide Service based on our evaluation of your credit, or we may terminate Services immediately if you fail to make payments by the due date. Unless we otherwise agree in writing, we may adjust our fees at any time. In the event of a price change, we will provide you with advanced notice. International rates can change without notice. Any features or upgrades to our services will be provided to you on terms and prices generally available to the public or as otherwise agreed by us in writing. All fees, billing and payment will be in United States dollars only. All payments hereunder are exclusive of all taxes. You agree to pay any taxes, whether federal, state or local, or municipal that may be imposed upon or with respect to the Services performed hereunder, exclusive of taxes on LBC's net income.
Communication and Content
You are responsible for the content of the messages you communicate when using our services as well as the consequences of those messages. You agree that you will not use our services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity. LBC expressly reserves the right to monitor any and all use of the Services and the System. In order to ensure that we are able to provide high quality services, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We may gather system data for the purpose of optimizing the Service. This information includes, but is not limited to, data regarding memory usage, screen resolution, color palette, connection speed and efficiency. We each agree to comply with all applicable contractual obligations, privacy and other nondisclosure policies, and legal obligations with respect to use of any such data, including, policies, laws and regulations respecting the dissemination and use of such data.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. LBC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LBC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION. NEITHER OF US WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. LBC TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY LBC (LESS ANY PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless LBC, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of LBC's successors, assigns and licensees.
Confidentiality
During the course of this Agreement, each of us may have access to confidential, proprietary or trade secret information disclosed by the other, including, without limitation, ideas, trade secrets, procedures, methods, systems, and concepts, and any information relating to the Services or System, and the underlying software, hardware, and other technology used by LBC to provide the Services or System, whether disclosed orally or in writing or by any other media ("Confidential Information"). Each party (the "Receiving Party") acknowledges that the Confidential Information of the other party (the "Disclosing Party") contains valuable trade secrets and other proprietary information of the Disclosing Party and that any such Confidential Information will remain the sole and exclusive property of the Disclosing Party. Each Party will use the Confidential Information provided hereunder only for purposes directly related to the purpose for which it was provided and will further restrict disclosure of Confidential Information solely to its employees and subcontractors with a need to know, and not disclose such Confidential Information to any other parties, and otherwise protect the Confidential Information with no less restrictive measures than it uses to protect its own confidential and proprietary information. Information will not be deemed "Confidential Information" if such information: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) is rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party; or (c) was in the Receiving Party's possession free of any obligation of confidence at the time it was communicated to the Receiving Party. Notwithstanding the above, the Receiving Party will not be in violation of this Section with regard to a disclosure that was in response to a valid order by a court or other governmental body, provided that the Receiving Party provides the Disclosing Party with prompt written notice of such disclosure where reasonably possible in order to permit the Disclosing Party to seek confidential treatment of such information.
Publicity and Press Release
With your prior review and approval, we may issue a press release announcing your use of the Service. We may use your name or logo on our Site or in collateral marketing materials relating to the services.
Applicable Law
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws or your actual state or country of residence.
Modification and Severability
We reserve the right to make changes to our site and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition well be deemed severable and will not affect the validity and enforceability of any remaining condition.
Our Address
LBC Conferencing, Inc.
3605 W. MacArthur Blvd., Suite 702
Santa Ana, CA 92704
