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Terms of Use
LINKS TO THIRD PARTY SITES
This Internet Site may provide links to third-party sites or resources. Because LedgeStone has no control over such sites and resources, you acknowledge and agree that LedgeStone is not responsible for the availability of such linked sites and is not responsible or liable for any content, advertising, products, services or other materials on or available from such linked sites. Providing these links to you is intended as a convenience, and the inclusion of any link does not imply endorsement by LedgeStone of the site or the products, services or other materials available thereon.
TERMINATON OF INTERNET SERVICES
You agree that LedgeStone, in its sole discretion, may terminate or restrict your use or access to this Internet Site (or any part thereof) for any reason, including, without limitation: a) that LedgeStone believes you have violated or acted inconsistently with the letter or spirit of these TOU; b) your failure to pay fees associated with the Services; c) discontinuance of or modification to the Services (or any part thereof), or d) technical or security problems or issues.
INDEMNIFICATION
You agree to hold harmless LedgeStone and its directors, officers, employees and agents from any and all claims, losses, liabilities, costs and expenses (including attorneys' fees) arising out of or related to you violation of these TOU or any third party's rights, including without limitation, copyright, proprietary, and privacy rights which may arise as a result of your use of this Internet Site or any of the Products and Services provided by LedgeStone.
RIGHT TO USE
You agree to allow LedgeStone, and any of its affiliates, subsidiaries, agents, representatives, publishers, distributors, advertisers, licenses, successors and assigns the right to use your name, images, profiles, trading history, and recorded statements in promoting, exhibiting, advertising, marketing and publicizing LedgeStone or any of the Products and Services provided by LedgeStone. You may contact LedgeStone in order to request that your name, images, profiles, trading history and recorded statements not be used in any way or only in limited ways. To do so, contact customer service at (512) 990-5300.
GENERAL PROVISIONS
You acknowledge that before being granted access to this Internet Site, you may have completed an oral "compliance" process ("Oral Compliance") whereby representatives of LedgeStone orally confirmed your desire to purchase some or all of the Products and Services provided by LedgeStone. You may have also signed a written "Coaching Agreement" ("Coaching Agreement"). You agree that these TOU, together with any Oral Compliance and any written Coaching Agreement constitute the entire agreement between you and LedgeStone and that these agreements govern your relationship with LedgeStone as well as govern your use of this Internet Site. You further agree that the Oral Compliance, Coaching Agreement, and these TOU supercede any and all other agreements between you and LedgeStone.
If any provision of these TOU is held to be invalid or unenforceable, then such invalidity shall not affect the enforceability of any other provision of the TOU, the Oral Compliance, or the Coaching Agreement.
The failure of LedgeStone to exercise or enforce any right or provision of the TOU, Oral Compliance or Coaching Agreement shall not constitute a waiver of such right or provision.
By accessing the Site and by using the Products and Services provided by LedgeStone, you agree that all of the rights, obligations, and duties arising from the Products and Services or this Internet Site shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws principles. Any controversy or dispute arising out of your use of the Internet Site, or any of the Products and Services provided by LedgeStone shall be resolved, and if necessary, litigation exclusively in the state or federal courts located in Travis County, Texas.
You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Internet Site or your use of any of the Products and Services provided by LedgeStone must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In the event LedgeStone bring any action against you for violation of these TOU, the Oral Compliance or the Coaching Agreement, or to collect any unpaid fees from you, you agree that in addition to all other remedies and damages that may be awarded, LedgeStone shall also be awarded reimbursement of its costs and fees (including but not limited to reasonable attorneys' fees) incurred in such action.
The section titles above are for convenience only and have no legal or contractual effect. |