LasX Terms of Service
Welcome and thank you for visiting https://www.lasx.com/ (the “Site”), a website operated by LasX Industries, Inc. (“Provider”). By accessing or using this Site, you as the user (“you”) agree to be bound by the following terms and conditions (these “Terms”). Please read these Terms carefully before using this Site. These Terms are a legally binding agreement between you and Provider. These terms do not purport to supersede any legally binding agreements between you and Provider, which are independent from your use of the Site.
BY ACCESSING OR USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU ARE GIVING UP CERTAIN LEGAL RIGHTS BY AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THIS SITE.
1. Use of this Site
Eligibility. You must be at least eighteen (18) years or older to access the Site.
License. On the condition that you comply with all of your obligations under these Terms, Provider grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license to access this Site with a generally available web browser to view information and use this Site. Any other use of this Site is strictly prohibited and a violation of these Terms. Provider and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property, and all other rights and interests in this Site and all related items.
Revision of these Terms. Provider may revise these Terms at any time with or without additional notice to you. Such revised Terms will be effective when posted on this Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of this Site after the effective date of changes to these Terms indicates your acceptance of such revisions.
Cessation of Service. Provider reserves the right to modify, terminate, and suspend the operation of this Site, as well as the provision of any or all products or services offered through this Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion.
Inherent Risks. You understand that your use of the Site involves submission of information over the internet and that communications distributed by this Site may be distributed by electronic mail, both of which by their nature are insecure and unreliable. Transmission of information over the internet, including by electronic mail, is subject to interception, misdirection, and loss. In addition, an electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by this Site may access the hyper-links to files contained on this Site, as this Site does not authenticate or validate the identity or authority of any person following a hyper-link contained in any such message.
Prohibited Uses. You agree that:
you will not violate these Terms or any of Provider’s or its licensors’ rights or use this Site to violate the rights of any third party such as copyright or trademark rights;
you will use your true legal name and true electronic mail address, and only provide accurate and complete information on this Site;
you will copy information from this Site only as necessary for your personal, non-commercial use to view, save, print, fax, or e-mail such information;
you will not otherwise reproduce, modify, distribute, display, or provide access to this Site or its content;
you will not create derivative works from, decompile, disassemble, or reverse engineer any portion of this Site;
you will not upload to or distribute through this Site any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit, or harm the functionality of a computer;
you will not record, process or mine information about other users, or access, retrieve, or index any portion of this Site;
you will not remove or modify any copyright or other intellectual property notices that appear on this Site;
you will not access or use this Site in any manner that could damage, disable, overburden, place an unreasonable load on, interfere, or attempt to interfere with the proper working of, or impair, this Site, its computer systems, or network;
you will not attempt to gain unauthorized access to any parts of this Site, or any of this Site’s computer systems or networks;
you will not use this Site in any way that is unlawful, harms Provider’s business, Provider’s service providers, licensors, representatives, or any other user, or breaches any policy or notice on this Site;
you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information, or another person’s name, likeness, image or photograph;
you will not charge any person for access to any portion of this Site or any information on this Site;
you will not access this Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Site) without Provider’s prior express written permission;
you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Site; and
you will not assist, encourage or enable others to do any of the preceding prohibited activities.
Provider’s Right to Use Your Information. As between you and Provider, any content, data, and other information made available by you on the Site (“User Content”) is owned by you. You hereby irrevocably grant Provider worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of User Content in connection with the Site and the services provided to you by the Site.
2. Representations and Warranties.
You represent and warrant that:
the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties;
you will use the Site and services provided by the Site for lawful purposes only and subject to these Terms;
you agree that Provider will not be liable for any losses incurred as a result of a third party’s use of the Site and services provided by the Site , regardless of whether such use is with or without your knowledge and consent;
you will not use the Site and services provided by the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with use of the Site or services by others;
any information submitted to the Site or Provider by you is true, accurate, and correct;
you understand that, except at expressly stated in these Terms, these Terms do not grant you any license to use, reproduce, distribute, display, or provide access to any portion of this Site on third-party websites, or otherwise;
you will not attempt to gain unauthorized access to the Site or services provided by the Site, other accounts, computer systems, or networks under the control or responsibility of Provider through hacking, cracking, password mining, or any other unauthorized means;
you are not a competitor of Provider or its licensors and are not using the Site or services provided by the Site for reasons that are in competition with Provider or its licensors;
if you use this Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms;
you will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s username, password, or other account information or another person’s name, likeness, image, or photograph; and
your consent to be bound to any consents, notices, disclosures, or other records or documents to be entered into between you and Provider (“Electronic Contracts”), whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such Electronic Contract, shall create a legal, valid, and binding contract enforceable against you in accordance with its terms.
3. Intellectual Property
Provider’s patent spotlight can be found at https://www.lasx.com/patents.
Trademarks. The following trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks exclusively owned by Provider. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of Provider. All other brand names not exclusively licensed to Provider on this Site are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags, or any other “hidden text” utilizing Provider’s Trademarks without the express written consent of Provider.
Copyrighted Works. All content contained on this Site, including, but not limited to, images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communication programs, Internet links, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases is exclusively owned by Provider and is protected by U.S. and international copyright laws. Some photographs and descriptions contained on the Site may be owned by their respective owners. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal non-commercial use) from the Site without the prior express written permission of Provider and the appropriate third party as applicable. Except as expressly and unambiguously provided by these Terms, neither Provider not any of its licensors grant you any express or implied rights, and all rights in and to this Site and the Site Content are retained by their holders.
4. Privacy
Provider respects your privacy and limits the sharing of data about you with third parties. Please consult the Provider’s Privacy Policy, available at www.lasx.com/privacy-policy. By agreeing to these Terms, you acknowledge and consent to the use, sharing, and disclosure of your personal information and data as described in such Provider Privacy Policy, as it may be amended from time to time.
5. Indemnification
You agree to indemnify, defend, and hold Provider, as well as Provider’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, officers, directors, employees, agents, and representatives of each of them (collectively, the “Provider Parties”) harmless from any and all claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to:
your access to or use of this Site;
your violation of these Terms, including without limitation your breach of any representation or warranty;
your infringement, or the infringement of any third party using your account, of any intellectual property or other right of any person or entity; or
the nature and content of all materials, Electronic Contracts, works, data, statements, and other visual, graphical, written, or audible communications of any nature submitted by you or otherwise processed through your use of the Site.
Provider reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Provider Parties, and you agree to cooperate with Provider’s defense of such claims. You agree not to settle any such matter without Provider’s prior written consent. Provider will use reasonable efforts to notify you of any such claim, action or proceeding when Provider becomes aware of it. Each of the Provider Parties is an express third party beneficiary of this indemnification provision, with full rights to enforce its terms.
6. Third Party Services
This Site includes links to third-party products, services and websites, as well as materials provided by third parties (collectively, “Third-Party Content”). Neither these Terms nor this Site endorse or take responsibility for any Third-Party Content. You agree that the Provider Parties are not responsible for the availability or contents of Third-Party Content. You understand that the Provider Parties have no obligation to, and generally do not, approve or monitor materials provided by third parties through this Site. Your use of Third-Party Content is at your own risk.
7. Disclaimer of Warranties
THIS SITE IS PROVIDED “AS IS,” AND PROVIDER: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THIS SITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF PROVIDER TO ANY THIRD PARTY. USE OF THIS SITE IS AT YOUR SOLE RISK. PROVIDER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, Provider does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets, and Provider does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of the Site or rights granted or provided by Provider hereunder.
You acknowledge and agree that the information and documents made available by Provider, including through the Site, is solely for general information purposes. Unless expressly stated otherwise, Provider does not warrant the accuracy, completeness, or usefulness of information or documents provided through the Site. None of the information or documents made available by Provider to you should be construed as advice. Any reliance you place on such information or documents is strictly at your own risk.
8. Limitation of Liability
PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST BUSINESS OR PROFITS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), EQUITY, BREACH OF CONTRACT, OR OTHERWISE (AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). IN NO EVENT WILL ANY OF THE OFFICERS, TRUSTEES, DIRECTORS, PARTNERS, EMPLOYEES, CONSULTANTS, BENEFICIARIES, JOINT VENTURERS, MEMBERS, STOCKHOLDERS, OR OTHER PRINCIPALS OR REPRESENTATIVES OF PROVIDER, EVER BE PERSONALLY LIABLE TO YOU UNDER, ARISING OUT OF, OR RELATED TO THESE TERMS (INCLUDING FOR DIRECTOR OR CONSEQUENTIAL DAMAGES), AND YOU HEREBY WAIVE THE RIGHT TO RECOVER DAMAGES FROM ANY SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE PROVIDER PARTIES’ MAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE ABOVE LIMITATION OF LIABILITY, PROVIDER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Export Laws
You acknowledge that technology utilized by this Site and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that Provider makes available through the Site (collectively “Excluded Data”), may be subject to export control laws and regulations of the United States and other jurisdictions (collectively “Export Laws”). You represent and warrant that: (i) you are not located in, under the control of, or a national or resident of an embargoed country or prohibited end user under Export Laws; and (ii) you will not access, download, use, export or re-export, directly or indirectly, the Excluded Data to any location, entity, government or person prohibited by export laws, without first complying with all Export Laws that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction it operates or does business. You are solely responsible for complying with Export Laws for all Excluded Data and any of its content transmitted through the Site and Services. You shall advise Provider at media@lasx.com in the event the Excluded Data requires Provider to obtain additional licenses, permits and/or approvals from any government in the jurisdiction where you intend to use the Site or Services. Upon being advised of such a requirement, Provider may at its sole discretion: (a) terminate your account; (b) obtain such licenses, permits, and/or approvals as may be required; or (c) modify these Terms such that additional licenses, permits, and/or approvals are no longer required to be obtained by Provider.
10. Miscellaneous
Governing Law. These Terms shall be governed by the laws of the State of Minnesota regardless of conflict of laws principles.
Disputes. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in the State of Minnesota. You irrevocably submit and consent to the venue in and the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in the State of Minnesota. If you access the Sites, Software or the Services from locations outside Delaware or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Delaware and you are solely responsible for compliance with all local laws.
No Assignment. These Terms, and any rights or obligations under these Terms, are not assignable, transferable, or sublicensable by you except with Provider’s prior written consent, but may be assigned or transferred by Provider without restriction. Any attempted assignment by you shall violate these Terms and be void.
Beneficiaries. Nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party.
Amendments; Waivers. Provider may modify these Terms as provided in Section 1(b) (Revision of these Terms). These Terms may not be modified, amended, terminated, or waived, in whole or in part, by you except by a written instrument signed by Provider. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.
Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.
Notices. To send notices to Provider, or if you have any questions regarding these Terms, please contact Provider at media@lasx.com. Provider may provide you with notices, including notices of changes to these Terms, by electronic mail, regular mail, or communications through this Site.
Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous representations, promises, agreements, and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such services.
Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
Equitable Relief. You acknowledge and agree that a breach or threatened breach of Section 3 would cause irreparable harm to Provider for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, Provider will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.