Effective Date: June 20, 2018
Please read these Terms of Service carefully before using the www.lullabot.com website (the "Website") operated by Lullabot, Inc.
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access the Website.
By accessing the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Website.
The Website and its original content (including but not limited to our logo, site design, podcasts, and music, features, and functionality) are and will remain the exclusive property of Lullabot, Inc. and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and other countries. The name "Lullabot" and the unique Lullabot icon are registered trademarks of Lullabot, Inc. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lullabot, Inc.
Links To Other Websites
Our Website may contain links to third party websites or services that are not owned or controlled by Lullabot, Inc.
Lullabot, Inc. has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Lullabot, Inc. 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 third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your access to the Website immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Service.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Lullabot, Inc., and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use and access of the Website, or a breach of these Terms.
Limitation Of Liability
In no event shall Lullabot, Inc. or its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages including, without limitation, loss of profits, data, use, goodwill or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Lullabot does not warrant that (a) the Website will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Website is free of viruses or other harmful components; or (d) the results of using the Website will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms of Service shall be governed and construed in accordance with the laws of the State of Rhode Island, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect. These Terms of Service constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If we believe that a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
If you have any questions about these Terms, please contact us.