Terms of use

Terms of use

Terms of use

You are being presented these Terms of Use because you are visiting a website (the “Website”) that is either (a) owned and operated by LPSolutions or (b) includes content, including but not limited to registration and other forms, owned by LPSolutions or drawn from a website owned and operated by LPSolutions. By accessing and using this Website or LPSolutions services, you agree to be bound by these Terms of Use and all other terms, policies and operating procedures that may be published on this Website. In addition, when you visit this Website or LPSolutions and any of our participating vendor’s (“Vendors”) websites, you are subject to both these Terms of Use and any other terms of use and guidelines set forth at our Vendors’ websites. All these rules and policies are incorporated into these Terms of Use by this reference. So please read these Terms of Use and any Vendor’s terms and conditions carefully. If you do not agree to our Terms of Use, do not enter or use this Website. We reserve the right to update or otherwise modify this Term of Use from time to time. You are responsible for checking these Terms of Use periodically for changes and updates. Your use of this Website following posted change(s) and update(s) will be deemed an acceptance of such change(s).

1. PRIVACY. We may collect certain types of personally identifiable information from you. Please review our Privacy Policy, which also governs your visit to this Website and sets forth the information we may collect from you and how we will protect it and use it.

2. ELECTRONIC COMMUNICATION. When you send e-mails to us or visit the Website you are communicating with us electronically. By communicating with us via e-mail or by submitting any request on the Website, you agree that we may send e-mail to you and you consent to receive e-mail or other electronic communications from us. Generally, we will communicate with you by e-mail or by posting notices on this Website. Nevertheless, if you request a demo, a price quote, or a download for any Vendor software or Advisor article; request more information about a particular Vendor; or provide us your contact information, you (i) consent and agree to our contacting you by phone at the phone number(s) you provided to us and (ii) consent to us recording or monitoring your phone call for quality assurance or training purposes. There will be no other or further warning concerning our recordation of calls between you and LPSolutions. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient’s email address.

3. OWNERSHIP. Some content on the Website, including (but not limited to), text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, web applications “The Profit Generator app” and “Flat Rate Price book app” and the compilation of any of the foregoing, is the property of LPSolutions, our licensors or Advisors, or our Vendors and is protected by United States and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying, reproduction, modification, use, distribution, or display of the material herein or thereon (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of LPSolutions and any other applicable copyright owner. You may not resell any of the services provided by LPSolutions, this Website or the Vendors (“Services”). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Website or the Services. All rights not expressly granted hereunder are expressly reserved to LPSolutions and to the respective owners of such rights. If you believe your rights under applicable copyright laws are being infringed by LPSolutions or by another person or entity using the Website or the Services, contact us immediately using the contact information furnished within this LPSolutions website.

5. TRADEMARKS. The name ” LPSolutions “, and any and all logos and designs connected thereto or associated therewith, and the names and logos of our Vendors (“Trademarks”) are the exclusive property of LPSolutions and/or the Vendors or Advisors and are protected by federal and state law. You may not use the Trademarks in any way, including, but not limited to, use as meta tags or any other “hidden text”, without the express written consent of LPSolutions or the applicable Advisor or Vendor.

5. LIMITED LICENSE AND PROHIBITED ACTIVITIES. You have a limited right and license to access the Website for your own specific business or personal use. You may not modify any page on the Website. This limited license strictly prohibits any resale or commercial use of any page on the Website, including any collection or use of any product listings, descriptions, or prices; any derivative use of the Website or any page thereon or associated therewith; any downloading or copying of account information; and any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any page on the Website for any commercial purpose without the express written consent of LPSolutions. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or our Vendors without our express written consent. Any unauthorized use terminates the permission or license granted by LPSolutions and may result in termination of your access to and use of the Website.

In addition, you represent and warrant that any and all information you post or otherwise provide to LPSolutions by means of the Website, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading, and offered in good faith. Any information disclosed to you via the Services may be used only for its intended purpose. LPSolutions expects that you will exercise caution, good sense and proper judgment in using the Services. You can be held liable for any illegal or prohibited content that you provide to LPSolutions or to other users, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit, e-mail, or otherwise make accessible on or through the Website content that:

a. Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious;

b. Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;

c. Is or could be harmful to minors;

d. Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing (or “spamming”);

e. Promotes information that you know (or, through the exercise of ordinary care, should have known) is false, misleading, or promotes illegal activities or conduct;

f. Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;

g. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

h. Provides instructional information about illegal activities;

i. Contains a software virus or any other code, files, or programs that are designed to or have the ability to interrupt, destroy, disable, compromise, or otherwise limit the functionality of any computer programs or

hardware or telecommunications equipment whether owned by LPSolutions or any other person or party;

j. Solicits passwords, or personally identifying information for commercial or unlawful purposes from other users; or

k. Otherwise violates any local, state, national, or other applicable law or regulation.

In addition, you may not, in connection with the Website:

l. Impersonate any person or entity, including a LPSolutions officer or employee, or falsely misrepresent your identification or affiliation in any other way;

m. Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on this Website;

n. Disrupt the ordinary flow and operation of any portion of this Website;

o. Interfere with or disrupt this Website or any server or network involved with the operation of this Website;

p. Stalk or harass any other person; or

q. Collect or “harvest” from this Website the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.

1. YOUR ACCOUNT. As discussed further in our Privacy Policy, by using this Website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sharing password and usernames not associated with the purchaser of the web application “Profit Generator” and “Flat Rate Price Book app” found out via analytical software will first result in a Cease and Desist letter to stop the illegal activity. The original paying user may be held responsible for damages and unauthorized access by others. If there is only 1 paid user in 1 town, with multiple unpaid users, it’s relatively easy to locate the source. The amount of users found to be using the same username and password will be held monetarily accountable for unauthorized use.  Damages will be passed on to the original user who will be held liable for all unauthorized uses of the Profit Generator web application and Flat Rate Price book app and held in strict violation to the terms of use of this website. Unauthorized users will be immediately banned and denied access to all website material and web applications. You agree to notify us immediately of any unauthorized use of your username or password.

2. YOUR REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. Where the capability is offered, you may post reviews, comments, other content; and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User-Furnished Content”), so long as none of such User-Furnished Content breach these Terms of Use. LPSolutions reserves the right (but not the obligation) to remove or edit such User-Furnished Content, but does not regularly review such User-Furnished Content and assumes no obligation to do so. If you do post any content on this Website or submit material, (i) with respect to all User-Furnished Content other than product reviews, you grant LPSolutions and its Vendors a nonexclusive, royalty-free right to use, modify, distribute, reproduce, display, perform, and publish such content and (ii) with respect to product reviews, you assign, and are hereby deemed to have assigned, to LPSolutions all your right, title, and interest in and to such reviews, including all intellectual property rights therein and thereto. You grant LPSolutions and its Vendors the right to use the name that you submit in connection with such User-Furnished Content, if and as they or we choose. By submitting any content to LPSolutions, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that such content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify LPSolutions and its Vendors for all claims resulting from content you provide. LPSolutions has the right, but not the obligation, to monitor and edit or remove any activity or User-Furnished Content. LPSolutions takes no responsibility and assumes no liability for any User-Furnished Content posted by you or any third party.

3. RISK OF LOSS. LPSolutions takes no responsibility and assumes no liability for any product, service or web applicaton that you license, purchase, or otherwise acquire from a Vendor at or through this Website and/or LPSolutions. Any remedy you may have is exclusively against the Vendor from whom you licensed, purchased, or otherwise acquired any product or service.

4. PRODUCT AND SERVICE DESCRIPTIONS. LPSolutions and its Vendors attempt to be as accurate as possible when describing any Services and/or Vendor products. LPSolutions, however, makes no representations or warranties that the Service and/or product descriptions or any other content on this Website is accurate, complete, reliable, current, or error-free.

5. VENDOR WEBSITES. LPSolutions Vendors license and sell products and services on or through LPSolutions or the Website. LPSolutions may provide links to Vendors’ websites. LPSolutions is not responsible for examining or evaluating, and does not warrant the products or services of, any Vendor or the page of their websites. LPSolutions does not assume any responsibility or liability for the actions, products, or services of such Vendors or the page of their Websites. You should carefully review all Vendors’ privacy statements and other conditions of use on their websites before you license, lease, purchase, or otherwise acquire any product or service.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY. LPSolutions, this Website and the Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LPSOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR DESCRIBED IN THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND WEB APPLICATION “PROFIT GENERATOR” AND “FLAT RATE PRICE BOOK APP” AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LPSOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LPSOLUTIONS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, THE SERVICES PROVIDED OR E-MAIL SENT BY OR FROM LPSOLUTIONS ARE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LPSOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, THE USE OF THIS WEBSITE OR WEB APPLICATION “PROFIT GENERATOR” AND “FLAT RATE PRICE BOOK APP” OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LPSOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LPSOLUTIONS FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THIS WEBSITE AND WEB APPLICATION “PROFIT GENERATOR” AND “FLAT RATE PRICE BOOK APP” OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE UNITED STATES DOLLAR ($1). THIS LIMITATION OF LIABILITY APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THIS WEBSITE OR DERIVE BENEFIT FROM THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS WEBSITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. No refunds will be given for the Profit Generator app or the Flat rate price book app after they are purchased. Data entry and information can be printed out immediately after purchase that have viable and pertinent information that can be used immediately in everyday business. You agree to indemnify and hold LPSolutions and its affiliates harmless, and, at LPSolutions request, to defend LPSolutions and its affiliates from and against any allegation, claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) of this Website or any of the Services or any other activities of yours through using this Website, web application “Profit Generator” and “Flat Rate Price book app” or the Services.

7. APPLICABLE LAW. By visiting this Website and/or by consenting to these Terms of Use, you agree that the laws of the state of Missouri, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and LPSolutions or our Vendors.

8. DISPUTES. Any dispute relating in any way to your visit to the Website or to products you license or purchase through LPSolutions (where LPSolutions) shall be submitted to arbitration in Newton County, Missouri, pursuant to the commercial arbitration rules of and under the auspices of the American Arbitration Association. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate LPSolutions intellectual property rights, LPSolutions may seek injunctive or other appropriate relief in any state or federal court in the state of Missouri, and you consent to exclusive jurisdiction and venue in such courts. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

9. WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY. Please review our other policies, such as our Privacy Policy, available here. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms of Use.

OUR ADDRESS.

LPSolutions

www.thelpsolution.com

lpspricebook@gmail.com

Neosho, MO. 64850

BY USING OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND LEGALLY BY ALL OF THE FOREGOING TERMS AND CONDITIONS.