(Updated April 29, 2013)
LMNO Technologies, LLC ("LMNO Technologies", "we", "us", "our") operates the online Doorwaze service ("Service"). LMNO Technologies provides the Service to users through the Doorwaze website ("Site"), the homepage of which is www.doorwaze.com.
By using or visiting the Doorwaze Site or Service, you acknowledge that you are legally permitted to form a binding contract with us according to these Terms and Conditions of Use ("Terms"), and that you accept and agree to abide by these Terms. It is your responsibility to read, understand, and regularly review these Terms, as we reserve the right to modify these Terms at any time without notice. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.
LMNO Technologies reserves the right to discontinue any aspect of the Service at any time.
We are committed to protecting your privacy. We will access any information you provide only for the purpose of providing the best possible Service. Your information will not be divulged to any third party, other than as directed by your actions and account settings within the Service, or as we are legally required to divulge to the appropriate authorities. However, certain aggregate usage statistics may be presented to any or all users of the Service, or to potential users of the Service, without identifying those whose usage contributed to the statistics.
When you use the Service or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. 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.
All content included on this Site for the purpose of presenting and providing the Service, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of LMNO Technologies and is protected by international copyright laws. The compilation of all content on this Site is the exclusive property of LMNO Technologies, with copyright authorship for this collection by LMNO Technologies, and protected by international copyright laws.
Trademarks and trade dress owned by LMNO Technologies may not be used in connection with any product or service that does not belong to LMNO Technologies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Doorwaze or LMNO Technologies. All other trademarks not owned by LMNO Technologies 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 LMNO Technologies.
This Service uses the foursquare® application programming interface but is not endorsed or certified by Foursquare Labs, Inc. All of the foursquare® logos (including all badges) and trademarks displayed on this Service are the property of Foursquare Labs, Inc.
LMNO Technologies grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of LMNO Technologies. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You agree not to use, reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion of this Site for any commercial purpose without express written consent of LMNO Technologies. 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 LMNO Technologies without express written consent. You may not use any meta tags or any other "hidden text" utilizing LMNO Technologies' name or trademarks without the express written consent of LMNO Technologies. Any unauthorized use terminates the permission or license granted by LMNO Technologies.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Doorwaze so long as the link does not portray LMNO Technologies or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Doorwaze or LMNO Technologies logo or other proprietary graphic or trademark as part of the link without express written permission.
In order to use the Service, you will have to create an account and password. 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. You are solely responsible for the activity that occurs on your account and you must notify us immediately of any unauthorized use of your account. You may never use another's account without their express permission. Although LMNO Technologies will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LMNO Technologies or others due to such unauthorized use. LMNO Technologies reserves the right to suspend or refuse service, terminate accounts, or remove or modify content provided or accessed from your account at any time.
The Service allows you to post announcements, comments, photographs, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You shall be solely responsible for the content you post to the Site and the consequences of such posting, and you represent and warrant that you will indemnify LMNO Technologies for all claims resulting from content you post. You also represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to post the content; and you grant to LMNO Technologies as well as each user of the Site a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to all patent, trademark, trade secret, copyright or other proprietary rights in and to such content, to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media for the purpose of providing the Service. You also grant LMNO Technologies the right to use the name that you submit in connection with such content, if we choose. You also hereby grant each user of the Service a non-exclusive license to access the content that you share with them through the Service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and in accordance with these Terms.
You acknowledge that, while using the Service, you may encounter content from a variety of sources, and that LMNO Technologies is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against LMNO Technologies with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless LMNO Technologies, its owners, operators, affiliates, licensors, and licensees to the maximum extent permitted by law regarding all matters related to your use of the Service.
LMNO Technologies does not endorse any content posted to the Site by any user, or any opinion, recommendation, or advice expressed therein, and LMNO Technologies expressly disclaims any and all liability in connection with such content. LMNO Technologies does not permit infringement of intellectual property rights on the Service, and LMNO Technologies will remove all content if properly notified that such content infringes on another's intellectual property rights (see the Digital Millennium Copyright Act section below). LMNO Technologies reserves the right to remove content at any time without notice.
You acknowledge that any feedback or suggestions that you submit to LMNO Technologies outside of established business relationships are deemed non-confidential and non-proprietary, and you agree that you have no rights or ownership in such submissions, especially to the extent that LMNO Technologies uses or implements such feedback or suggestions in whole or in part.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LMNO Technologies' designated Copyright Agent to receive notifications of alleged infringement is:
Eric R. Moran
McDonnell Boehnen Hulbert & Berghoff LLP
300 South Wacker Drive
Chicago, Illinois 60606
You acknowledge that if you fail to comply with all of the requirements detailed above, your notice may not be valid.
If you believe that your content that was removed or disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent listed above (see 17 U.S.C. 512(g)(3) for further detail):
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Copyright Agent, LMNO Technologies may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or enable the disabled content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced or the disabled content may be enabled in 10 to 14 business days or more after receipt of the counter-notice, at LMNO Technologies' sole discretion.
You acknowledge and understand that you assume all responsibility and risk for the use of the Site or Service or any website or service accessible through the Site. LMNO Technologies expressly excludes any and all express and implied warranties to the maximum extent permitted by law. We do not represent or warrant to you that the behavior, capability, quality, availability, reliability, accuracy, or performance of the Service will meet your satisfaction or requirements.
Further, you acknowledge and agree that our liability to you for losses or damages of any kind will be limited to the maximum extent permitted by law. In no event will LMNO Technologies be liable to any party for any direct, indirect, incidental, special, exemplary, consequential or other damages (including, but not limited to, lost profits or business interruption) without regard to the form of action and whether in contract, tort, negligence, strict liability or otherwise, arising out of or in connection with the Site or Service, any content on or accessed through the Site or any website or service accessible through the Site, or any copying, displaying or use thereof.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless LMNO Technologies, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site or Service; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
By using the Doorwaze Site or Service, you agree that (i) these Terms shall be governed by the laws of the state of Illinois, without respect to its conflict of laws principles, (ii) any claim or dispute between you and LMNO Technologies shall be decided exclusively by a court of competent jurisdiction located in Illinois, and (iii) the Service shall be deemed solely based in Illinois and that the Service shall be deemed a passive website that does not give rise to personal jurisdiction over LMNO Technologies in jurisdictions other than Illinois.
Questions regarding these Terms or other policy related material can be directed to our support via email at email@example.com.