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PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS
WEB SITE (this "Site"). By accessing or using this Site, you agree to
these terms of use, conditions and all applicable laws. If you do not agree to these
terms you may not use this Site.
This Terms of Service Agreement (the "Agreement") is by and between Lodestar
Technology Labs LLC and the person acknowledging this agreement. By using the content
and/or services presented on this website, the user is acknowledging his/her acceptance
of the terms stated in this Agreement. This Agreement covers both member and non-member
use of the web site, including any content or services accessible through such site.
Lodestar Technology Labs LLC may change the Terms of Service from time to time.
By continuing to use the Service following such modifications, you agree to be bound
by such modifications to the Terms of Service. The use by you of any content or
services accessible through this site may be subject to your acceptance of separate
agreements with Lodestar Technology Labs LLC or third parties. Certain services
provided by Lodestar Technology Labs LLC through its MasterSuiteApps.com web site
are subject to a more specific Terms of Use agreement that can be referenced at:
http://www.MasterSuiteApps.com/Terms.aspx
General Terms and Conditions
You acknowledge and agree that use of any content or service provided through this
site is entirely at your own risk. Services and content are provided "as is",
without warranty of any kind, either express or implied, and Lodestar Technology
Labs LLC and its suppliers disclaim any and all warranties, including, but not limited
to: (1) any warranties concerning access to the service, the availability, accuracy,
usefulness of content, products or services and (2) any warranties of title, warranty
of non-infringement, warranties of merchantability or fitness for a particular purpose.
Lodestar Technology Labs LLC does not warrant that the service will be free of downtime.
In fact, it is expected that there will be periods when the web site will be inaccessible
due to maintenance or technical problems. Lodestar Technology Labs LLC does not
warrant that the service is free from bugs, viruses, errors, or other program limitations
nor does Lodestar Technology Labs LLC warrant access to the Internet or to any other
service or content through the service. The entire liability of Lodestar Technology
Labs LLC and its representatives (as defined below) for any reason shall be limited
to the amount paid by the customer/member for the related services or content purchased
from Lodestar Technology Labs LLC, its authorized reseller or its service providers.
To the maximum extent permitted by applicable law, Lodestar Technology Labs LLC
and its affiliates, licensors, third-party content or service providers, distributors,
dealers or suppliers ("representative") are not liable for any indirect,
special, incidental, or consequential damages (including, but not limited to: damages
for loss of business, loss of profits or investment, or the like), whether based
on breach of contract, breach of warranty, tort (including negligence), product
liability or otherwise, even if Lodestar Technology Labs LLC or its representatives
have been advised of the possibility of such damages, and even if a remedy set forth
herein is found to have failed its essential purpose. Some states do not allow the
limitation and/or exclusion or liability for incidental or consequential damages,
so the above limitation or exclusion may not apply to you. The limitations of damages
set forth above are fundamental elements of the bargain between Lodestar Technology
Labs LLC and you. Lodestar Technology Labs LLC would not be able to provide its
content and services to you without such limitations. If you are dissatisfied with
any portion of the service or content, your sole and exclusive remedy is to discontinue
using the service and its related web sites.
Description of Service
We provide a suite of services and software applications, including:
Software-as-a-Service Applications
- MasterSales (Customer Relationship Management)
- MasterTrack (Customer Support and Issue Tracking)
- MasterDoc: Sales (Document Generation from Master Templates)
- MasterDoc: HR (Document Generation from Master Templates)
- MasterPlan (Business Plan Development) MasterSite (Website Builder)
- MasterMinute (Corporate Minutes and Resolutions)
- MasterClass (Online Education of Business Topics)
- MasterRisk (Assessment of Exposure to Business Risk)
Software as a Downloadable Desktop or Server Based Application
MasterFile (Employee File Management)
Ask a Question – Access to Business Consultants
Small Biz Wizards
You acknowledge and agree that use of any or all of these services and/or software
applications is subject to these General Terms and Conditions as well as the more
separate and more specific set of Terms and Conditions that applies to each category
of service. The separate Terms and Conditions are available at the following links:
Software as a Service: Terms of Service for MasterSuite Applications
Desktop Software: End User License Agreement
Ask a Question Service: Terms of Service for Small
Biz Wizards
File Storage Capacity
The Services are designed for use by Small Business and are not intended for handling
of high volumes of data such as a large enterprise would be required to handle.
Lodestar reserves the right to establish limitations on the number of records that
can be stored, the amount of disk space that will be allocated to an account, or
both. Lodestar further reserves the right to establish a separate pricing structure
for accounts that exceed the specified maximums. Until such time as Lodestar has
accumulated sufficient data to establish a formal pricing grid, each account shall
be limited to no more than 25 MB of disk storage within each Application.
Templates for Forms and Documents
The template based forms and documents generated by MasterDoc, MasterPlan, MasterMinute,
MasterRisk and other web sites maintained by Lodestar Technology Labs LLC are not
a substitute for legal advice. Lodestar Technology Labs LLC is not a law firm, and
the forms and documents on this site were not prepared by an attorney. The information
provided on the sites is intended for use within the
United States
and
Canada
only.
Effort is made to keep the information on these sites accurate and up to date. However,
there can be no guarantee that all the information on the sites is completely current
or suitable for any particular legal situation. The law will vary depending on your
jurisdiction and the specifics of your case. Because the law is a personal matter,
the general information we provide cannot fit every circumstance. You are directed
to consult a licensed lawyer in your area to get specific advice for your problem.
Nothing on these websites should be considered legal advice.
No attorney-client or other professional relationship of any nature is created by
participation in any area or offering at these sites. Do not act on or rely on any
information from these sites without consulting with a licensed attorney, as this
material is not a substitute for obtaining appropriate legal advice from competent,
independent legal counsel in the relevant jurisdiction."
Use of Site: Personal and Non-Commercial Use Limitation
Unless otherwise specified, this Web Site is for your personal and noncommercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Web Site, except where expressly
permitted. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, electronically copy, download and print
hard copy portions of the material from the different areas of the Site solely for
your own noncommercial use, or to place an order with Lodestar Technology Labs LLC
or to purchase Lodestar Technology Labs LLC products or to use the purchased application
as intended. Any other use of materials on this Site, including but not limited
to the modification, reproduction, distribution, republication, display or transmission
of the content of this Site, without prior written permission of Lodestar Technology
Labs LLC is strictly prohibited.
Harassment in any manner or form on the Site including via e-mail and chat or by
obscene or abusive language is strictly forbidden. Impersonation of others, including
a Lodestar Technology Labs LLC employee, host, or representative or other members
or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise
publish through the Site any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable,
or which may constitute or encourage a criminal offense, violate the rights of any
party or otherwise give rise to liability or violate any law.
Copyrights and Trademarks
The entire content included in this Site, including but not limited to text, design,
graphics, interfaces, or code and the selection and arrangements thereof is copyrighted
as a collective work under the United States and other copyright laws, and is the
property of Lodestar Technology Labs LLC. The collective work includes works that
are licensed to Lodestar Technology Labs LLC. Copyright 2008 - 2010. ALL RIGHTS
RESERVED. All trademarks, service marks, and trade names (collectively the "Marks")
are trademarks or registered trademarks of and are proprietary to Lodestar Technology
Labs LLC, or other respective owners that have granted Lodestar Technology Labs
LLC the right and license to use such Marks.
Notices and Procedures for Making Claims of Copyright Infringement Pursuant to Title
17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
should be sent to corp@lodestartechlabs.com. ALL INQUIRIES NOT RELEVANT TO OR NOT
COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Typographical Errors
In the event a Lodestar Technology Labs LLC product or service is listed at an incorrect
price due to typographical error or error in pricing information received from our
suppliers, Lodestar Technology Labs LLC shall have the right to refuse or cancel
any orders placed for product or service listed at the incorrect price. Lodestar
Technology Labs LLC shall have the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is canceled, Lodestar
Technology Labs LLC shall issue a credit to your credit card account in the amount
of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the Site and/or
completing the registration or shopping process. These terms and conditions, or
any of them, may be modified or terminated by Lodestar Technology Labs LLC without
notice at any time for any reason. The provisions relating to Copyrights and Trademarks,
Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration
and General, shall survive any termination.
User Participation
Lodestar Technology Labs LLC does not and cannot review all communications and materials
posted to or created by users accessing the Site and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by providing
you with the ability to view and distribute user generated content on the Site,
Lodestar Technology Labs LLC is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents or activities
on the Site. However, Lodestar Technology Labs LLC reserves the right to block or
remove communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) violates any law
or regulation or (e) offensive or otherwise unacceptable to Lodestar Technology
Labs LLC at its sole discretion. Note that any personally identifiable information
you may post or transmit will be treated by Lodestar Technology Labs LLC in accordance
with its Privacy Statement.
Third-Party Links
In an attempt to provide increased value to our visitors, this Site may contain
links to other Sites on the Internet that are owned and operated by third party
vendors and other third parties (the "External Site"). However, even if
the third party is affiliated with Lodestar Technology Labs LLC, Lodestar Technology
Labs LLC has no control over these linked Sites, all of which have separate privacy
and data collection practices, independent of Lodestar Technology Labs LLC. Lodestar
Technology Labs LLC has no responsibility or liability for these independent policies
or actions and is not responsible for the privacy practices or the content of such
web Site. These linked Sites are only for your convenience and therefore you access
them at your own risk. Links do not necessarily imply that Lodestar Technology Labs
LLC sponsors, endorses, is affiliated with or associated with, or has been legally
authorized to use any trademark, trade name, service mark, design, logo, symbol
or other copyrighted materials displayed on or accessible through such External
Site. Nonetheless, Lodestar Technology Labs LLC seeks to protect the integrity of
its Site and the links placed upon it and therefore requests any feedback on not
only its own Site, but for Site it links to as well (including if a specific link
does not work).You should contact the Site administrator or Webmaster for those
External Site if you have any concerns regarding such links or the content located
on such External Sites.
Claims
Each claim or statement about the effectiveness of Lodestar Technology Labs LLC
products and/or each claim or statement comparing the effectiveness of Lodestar
Technology Labs LLC products to the effectiveness of other products is expressly
limited to the United States, unless otherwise disclosed on the Site.
Additional Disclaimer
Lodestar Technology Labs LLC makes no warranties or representations about the accuracy
or completeness of this Site's content or the content of any site or External
Sites.
Lodestar Technology Labs LLC does not filter advertisements or other content that
children may view through our Site or "hot-linked" Site, and they could
receive content and materials from the Internet and/or advertising that are inappropriate
for children. We encourage parents and guardians to spend time online with their
children and to consider using electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, LODESTAR TECHNOLOGY LABS LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. LODESTAR TECHNOLOGY LABS, LLC DOES NOT REPRESENT OR WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LODESTAR TECHNOLOGY LABS LLC DOES
NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN
THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS,
TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL LODESTAR TECHNOLOGY LABS LLC BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES
WHATSOEVER, EVEN IF LODESTAR TECHNOLOGY LABS LLC HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO
USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE
FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Lodestar Technology Labs LLC,
its officers, directors, employees, agents, licensors and suppliers (collectively
the "Provider") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your Internet account (including
negligent or wrongful conduct), by you or any other person accessing the Site using
your Internet account.
Applicable Laws
Your use of this Site shall be governed in all respects by the laws of the state
of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or indirectly arising
out of or relating to this Site (including but not limited to the purchase of Lodestar
Technology Labs LLC products) shall be in the state or federal courts located in
Atlanta, GA. Any cause of action or claim you may have with respect to the Site
(including but not limited to the purchase of Lodestar Technology Labs LLC products)
must be commenced within one (1) year after the claim or cause of action arises.
Lodestar Technology Labs LLC 's failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. Lodestar Technology
Labs LLC may assign its rights and duties under this Agreement to any party at any
time without notice to you.
Lodestar Technology Labs LLC makes no representation that materials in the Site
are appropriate or available for use in other locations, and access to them from
territories where their content is illegal is prohibited. Those who choose to access
this Site from locations outside the State of Georgia do so on their own initiative
and are responsible for compliance with applicable local laws. You may not use or
export the materials in violation of U.S. export laws and regulations. Any claim
relating to the materials shall be governed by the internal substantive laws of
the State of Georgia.
Arbitration
By using this Site, you agree that Lodestar Technology Labs LLC, at its sole discretion,
may require you to submit any disputes arising from the use of this Site, or these
Terms and Conditions concerning or, including disputes arising from or concerning
their interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to newly
arisen circumstances, to final and binding arbitration under the International Rules
of Arbitration of the American Arbitration Association, by one or more arbitrators
appointed in accordance with the said Rules. Notwithstanding these rules, however,
such proceeding shall be governed by the laws of the state as set forth in the previous
section.
Any award in an arbitration initiated under this clause shall be limited to monetary
damages and shall include no injunction or direction to any party other than the
direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority
to award punitive, consequential or other damages not measured by the prevailing
party's actual damages in any arbitration initiated under this section, except
as may be required by statute.
General
Lodestar Technology Labs LLC may revise these Terms at any time by updating this
posting. You should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms located on particular
pages at this Site.
Last updated on May 15, 2010
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