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Conditions of Use

Last Updated: June 2009

ACCEPTANCE OF TERMS

This site is provided to you by LeMarcel Inc. and is subject to the following Terms of Use (“TOU”). LeMarcel Inc. reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages.

DESCRIPTION OF SERVICES.

Through its web sites, LeMarcel Inc. may provide you with access to a variety of resources, including but not limited to information on, and the ability to purchase, various products or services (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web pages, are subject to the TOU.

USE LIMITATION.

No one may modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, photos, data, products or services obtained from the Services, without the prior written consent of LeMarcel Inc. in each instance.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

See the Privacy Statement disclosures relating to the collection and use of your information.

DISCLAIMERS. LEMARCEL INC. MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THIS SITE FOR ANY PURPOSE. THIS SITE IS PROVIDED BY LEMARCEL INC. ON AN “AS IS” BASIS AND “WITH ALL FAULTS”. LEMARCEL INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LEMARCEL INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL LEMARCEL INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

THE INFORMATION PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS SITE. LEMARCEL INC. MAY MAKE CHANGES TO THE INFORMATION CONTAINED IN THIS SITE AT ANY TIME.

USER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify LeMarcel Inc. immediately of any unauthorized use of your account or any other breach of security. LeMarcel Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by LeMarcel Inc. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that violates any applicable laws or regulations, or that is prohibited by the TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any server that hosts the LeMarcel Inc. web sites, or the network(s) connected to any such server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to other accounts or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

LeMarcel Inc. reserves the right at all times to disclose any information as LeMarcel Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LeMarcel Inc.’s sole discretion.

MATERIALS PROVIDED TO LeMarcel Inc.

LeMarcel Inc. does not claim ownership of the information you provide to LeMarcel Inc. (including feedback and suggestions) or that you input or submit to any Services (collectively “Submissions”). However, by providing Submissions you are granting LeMarcel Inc. a royalty-free, sublicensable right to use your Submissions as LeMarcel Inc. sees fit in connection with the operation of LeMarcel Inc.’s business and the modification or development of products or services.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.

LeMarcel Inc.’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows
LeMarcel Inc.
2066 Union St.
San Francisco, CA 94123
Any rights not expressly granted herein are reserved.