Welcome to lanmarkcontrols.com (this “Site”). This Site is owned and operated by Lanmark Controls, Inc. (collectively “Lanmark” or “LANMARK,” “we,” “our,” or “us”) to provide information about, among other things, our company, products, services, partners and also contact details (the “Content”). The Content shall be deemed to include all information offered on this Site including without limitation all documents, images, videos and graphics. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Site.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS OF USE (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS SITE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. LANMARK MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS SITE.
Some products and services described on this Site or available through this Site (for example, Lanmark’s software) are subject to other or additional terms and conditions (collectively, “Additional Terms”). The Additional Terms include, but are not limited to, sales agreements, receipts, license agreements, supplementary user agreements, and the Privacy Policy, the Copyright Policy, and the Trademark Guidelines. The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the former shall prevail). Lanmark reserves the right to change these Terms, and/or the products, services, prices, and programs mentioned in this Site, at any time, at its sole discretion, without notice. Lanmark reserves the right to seek all remedies available by law and in equity for any violation of these Terms. Any rights not expressly granted herein are reserved.
1. If you are using this Site on behalf of your employer, you represent that you are authorized to accept these terms and conditions on your employer’s behalf. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site under the active supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to use this Site or transmit or otherwise submit personal information to Lanmark.
2. Any software that is made available to download by or through this Site (“Software”) is the copyrighted work of Lanmark Controls Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user may be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to accept the terms of the License Agreement.
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted under law and equity.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Any Software which is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Lanmark Controls Inc., 125 Nagog Park, Suite 305, Acton, Massachusetts 01720 USA.
3. You may download, view, copy, and print documents (the “Documents”) from this Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any information from this Site in whole or in part without the express written authorization of Lanmark Controls Inc. Documents specified above do not include the design or layout of this Site or any other Lanmark owned, operated, licensed, or controlled website including, without limitation data, text, software, photographs, graphics, video, or other materials. No logo, graphic, sound, image or video from any Lanmark website may be copied or retransmitted unless expressly permitted in writing by Lanmark.
4. Lanmark respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using this Site. You agree that you will not use this Site to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. Without limiting the foregoing, your use of this Site is subject to the terms of our Copyright Policy that can be found at https://lanmarkcontrols.com/corporate/legal/copyright-policy/.
5. Elements of Lanmark websites are protected by trade dress, trademark, unfair competition, and other laws (“Trademarks”) and may not be copied or imitated in whole or in part. You agree that you will not use without Lanmark’s consent or make reference to any of Lanmark’s Trademarks in any way other than in accordance with the terms of our Trademark Guidelines that can be found at https://lanmarkcontrols.com/corporate/legal/trademarks/.
6. LANMARK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THIS SITE FOR ANY PURPOSE. THIS SITE AND ALL ITSCONTENT ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND “AS IS” WITHOUT WARRANTY OF ANY KIND. LANMARK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE AND ALL ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THIS SITE AND ITS CONTENT COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY MADE TO THIS SITE. LANMARK AND/OR ITS RESPECTIVE SUPPLIERS MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES TO THIS SITE OR ITS CONTENT AT ANY TIME.
IN NO EVENT SHALL LANMARK OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT OFFERED THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, CONTENT, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU..
7. THE LINKS ON THIS SITE WILL LET YOU LEAVE LANMARK’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF LANMARK AND LANMARK IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. LANMARK IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. LANMARK IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY LANMARK OF THE LINKED SITE.
8. LANMARK INCLUDING ITS EMPLOYEES, DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW OR IMPROVED PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY UNSOLICITED IDEAS, ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN LANMARK’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO LANMARK. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, THEN REGARDLESS OF WHAT YOUR COMMUNICATION SAYS YOU AGREE THAT: (1) YOUR SUBMISSIONS AND THEIR CONTENTS WILL AUTOMATICALLY BECOME THE PROPERTY OF LANMARK, WITHOUT ANY COMPENSATION TO YOU; (2) LANMARK MAY USE OR REDISTRIBUTE THE SUBMISSIONS AND THEIR CONTENTS FOR ANY PURPOSE AND IN ANY WAY; (3) THERE IS NO OBLIGATION FOR LANMARK TO REVIEW THE SUBMISSION; AND (4) THERE IS NO OBLIGATION TO KEEP ANY SUBMISSIONS CONFIDENTIAL.
9. We reserve the right to release information to the proper authorities, as a result of a violation of these Terms, our standards, or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. Further, you agree that Lanmark may, in its sole discretion, at any time terminate your access to this Site and any account(s) you may have in connection with this Site. Access to this Site may be monitored by Lanmark.
10. You agree to defend, indemnify and hold harmless Lanmark, its affiliates, shareholders, directors, officers, employees, agents, suppliers and licensors, from and against any claim, actions or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against Lanmark and/or each of its affiliates, directors, officers, agents, employees, or licensees (collectively, the “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials or services provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; and/or (3) your use of this Site, including the information, content, services, and/or products provided therein. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys’ fees incurred in defending and/or resolving such Action. The foregoing indemnification shall survive expiration or termination of this Agreement.
11. Lanmark may collect certain personal information about you. Lanmark’s use of such information is governed by the provisions of the Lanmark’s Privacy Policy for the applicable product or website. The Privacy Policy for this Site can be found at https://lanmarkcontrols.com/corporate/legal/privacy-policy/. Lanmark may have additional privacy policies that govern specific products or websites.
12. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Massachusetts and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site you agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts, U.S.A.
13. You hereby acknowledge that you shall have no power or authority to assume or create any obligation or responsibility on behalf of Lanmark. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.
14. These Terms contain the entire agreement between you and Lanmark with respect to this Site and supersede all prior or contemporaneous agreements or understandings, whether electronic, oral or written, between you and Lanmark with respect to this Site. These Terms may only be modified, and a party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.
Last Updated August 22, 2014