Content and Trademarks on the Website
This website includes content created by us or our licensors. All materials published on the website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, are protected by our copyrights or trademarks or those of our licensors. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the website in whole or in part. Certain trademarks, service marks, logos and tradenames of Lencore are used on the website and are generally marked with a ™ or an ®. Such marks, logos and names are the trademarks or registered trademarks of Lencore and may not be used by you without Lencore's prior permission.
Links to Other Sites
The website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Lencore of such third-party websites or of the third party products or services. Your use of each of those websites is subject to the conditions, if any, that each of those sites has posted. Lencore is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
You agree to defend, indemnify and hold harmless Lencore, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the website.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL LENCORE BE LIABLE FOR ANY USE OF, RELIANCE UPON, OR REFERENCE TO ANY OF THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, OR ON ANY THIRD PARTY LINKED WEBSITES; OR FOR ANY DAMAGES SUFFERED FROM THE DIRECT OR INDIRECT USE OF, RELIANCE UPON, OR REFERENCE TO ANY OF THE INFORMATION OR CONTENT ON THIS WEB SITE OR ANY THIRD PARTY LINKED WEBSITE. UNDER NO CIRCUMSTANCES SHALL LENCORE BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR AT EQUITY, FOR ANY TYPE OF DAMAGES, INCLUDING, WITHOUT LIMITATION: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF USE, OR LOST PROFITS, WHICH ARISE OUT OF OR RELATE IN ANY MANNER TO THE USE, PERFORMANCE OF, RELIANCE UPON, OR ACCESS TO ANY INFORMATION, SERVICES, SOFTWARE, DOCUMENTS, OR CONTENT ORIGINATING FROM OR WITH RESPECT TO THIS WEBSITE, OR ANY THIRD PARTY LINKED WEBSITES. LENCORE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LENCORE IS NOT RESPONSIBLE FOR THOSE COSTS. THIS WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any controversy, claims, demands or disputes that you may have against Lencore, its officers, directors, affiliates, employees or agents, arising out of or relating to the use of this website shall be settled by arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Any controversy, claims, demands or disputes that Lencore may have against you arising out of or relating to the use of this website shall be settled either by arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules or in any court of competent jurisdiction located in New York County, NY at Lencore's election. Any such arbitration hearings shall be held in New York City and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration proceeding or litigation brought to enforce the provisions contained herein and accepted hereunder shall, in addition to such other relief as may be awarded, be entitled to recover its reasonable attorney's fees and costs of suit from the non-prevailing party.
Users submit to jurisdiction of the Supreme Court of the State of New York and the United States District Court for the Southern District of New York for the purposes of (a) enforcing this provision, (b) seeking injunctive relief which shall be permitted notwithstanding the foregoing, and (c) for the purposes of enforcing any judgment of the arbitrators or court as applicable.