Privacy and Legal
Disclaimer
Updated 8/1/09: Lightning Bolt & Supply, Inc knows that the
privacy of the personal information that we receive about you is
important to you. We understand that you trust us to protect the
confidentiality and security of that information. The
information we collect about you is used only to provide the
services that you request from us.
This notice informs you of our privacy policy and describes how
we treat the information that we receive about you.
Lightning Bolt & Supply, Inc collects nonpublic personal
information about you only in connection with providing you
services that you request. The types of nonpublic personal
information that we collect vary according to the services we
perform for you, and may include:
* Information that we receive from you (such as your name,
address, social security number and other household
information);
* Information about your relationship with us (such as the types
of services we provide to you, your invoice balances, and your
payment history); and
* Information that we receive, with your authorization, from
third parties.
Lightning Bolt & Supply, Inc does not disclose any public or
nonpublic personal information about you that you have provided
to us to anyone outside of our company, except as authorized by
you or as required by law. In addition, we will release
information to the extent required by law or regulation. We do
not sell client information to anyone or disclose client
information to marketing companies.
We restrict access to public and nonpublic personal information
about you that you have provided to us to those Lightning Bolt &
Supply, Inc staff members who need to know the information to
provide services to you. All Lightning Bolt & Supply, Inc employees
are required to maintain the confidentiality of all nonpublic
personal information about you.
Legal Disclaimer: The information contained within this site
should not be considered as legal advice.
PRIVACY AND USE
Lightning Bolt & Supply, Inc maintains all records and is
responsible for updating data.
This Web site and any information included is for personal use
only. Any information relating to Lightning Bolt & Supply, Inc for
any other purpose, including but not limited to, reproducing and
storing in a retrieval system by any means, electronic or
mechanical, photocopying or using the addresses or other
information for any private, commercial or political mailing or
contact, is strictly prohibited, is in direct violation of
copyright and would constitute misappropriation of corporate
property.
All information contained herein remains the property of the
Lightning Bolt & Supply, Inc. The data contained on this Web site
may not be reproduced in whole or in part by any person or
entity without the express written permission of the Lightning
Bolt & Supply, Inc. The Lightning Bolt & Supply, Inc have attempted to
verify and correctly state the information contained herein.
However, the Lightning Bolt & Supply, Inc and its webmasters
disclaim all liability and responsibility for the accuracy of
this information. In addition, circumstances may have rendered
some information herein obsolete prior to the date of the
publication or prior to the time the information is reviewed by
the reader.
A FEW WORDS ABOUT YOUR PRIVACY
Lightning Bolt & Supply, Inc has adopted these guidelines to ensure
customer privacy and protect personal data.
1. Information Collection and Use
We will ask you when we need information that personally
identifies you or allows us to contact you. Such information may
be requested when you update your files, or similar activities.
Your information may be used for the following purposes:
*
To make the site easier for you to use and navigate
*
To help you quickly access services or information on our
website.
*
To help us create content relevant to you
*
To alert you to site updates, new features and related benefits
and offers
2. Updating Personal Files
If you choose not to update your personal files, you will still
be able to access content. However, you may not be able to
access areas or sources that require personal file information.
3. Personal File Updates
We provide you with the means to ensure that your personal
information is correct and current.
4. Security
Lightning Bolt & Supply, Inc protects the security of your personal
information and honors your choices for its intended use. We
carefully protect your data from loss, misuse, unauthorized
access or disclosure, alteration or destruction. Personal
information will be used for Lightning Bolt & Supply, Inc business
purposes only.
5. Newsletter Mailings
You have the right to control whether you receive updates
through our University-powered or third-party newsletter and
emailing services.
6. Feedback
If you believe Lightning Bolt & Supply, Inc has not has not adhered
to the principles above, please notify us by email. We will do
our best to determine and correct the problem promptly.
LEGAL DISCLAIMER
1. ACCEPTANCE OF TERMS
By accessing the Lightning Bolt & Supply, Inc WebSite ("the
Service"), you signify your agreement to all terms, conditions,
and notices contained or referenced herein, the Terms of Service
("TOS"). If you do not agree to the TOS, do not use this
Service. We reserve the right, at our discretion, to update or
revise the TOS. Please check the Terms periodically for changes.
Lightning Bolt & Supply, Inc provides its service to you, subject
to the following TOS, which may be updated by us from time to
time without notice to you. In addition, when using particular
Lightning Bolt & Supply, Inc services, you shall be subject to any
posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS. Your continued
use of this Service following the posting of any changes to the
TOS constitutes acceptance of those changes.
2. DESCRIPTION OF SERVICE
Lightning Bolt & Supply, Inc currently provides users with access
to online resources. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including
the release of new Lightning Bolt & Supply, Inc properties, shall
be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that Lightning Bolt & Supply,
Inc assumes
no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization
settings.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE
SERVICE. SPECIFICALLY, Lightning Bolt & Supply, Inc DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF
INFORMATION, PRODUCTS OR SERVICES, AND DISCLAIMS WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
b.Lightning Bolt & Supply, Inc MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM Lightning Bolt & Supply, Inc OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
4. LIMITATION OF LIABILITY
NEITHER Lightning Bolt & Supply, Inc NOR ANY OF ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE
PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR
ANY DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO
GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY
WARRANTY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF Lightning Bolt & Supply, Inc HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE
LIABILITY OF Lightning Bolt & Supply, Inc, ITS EMPLOYEES, AGENTS,
SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE
PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH
LAW. FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Lightning
Bolt & Supply, Inc SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Lightning Bolt & Supply, Inc HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
3. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not
Lightning Bolt & Supply, Inc, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via the Service. Lightning Bolt & Supply, Inc does not
control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will Lightning Bolt & Supply, Inc be liable
in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b.
harm minors in any way;
c.
impersonate any person or entity, including, but not limited to,
a Lightning Bolt & Supply, Inc official, forum leader, guide or
host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d.
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
e.
upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
f.
upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g.
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose;
h.
upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
j.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
k.
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l.
"stalk" or otherwise harass another; or
m.
collect or store personal data about other users.
You acknowledge that Lightning Bolt & Supply, Inc does not
pre-screen Content, but that Lightning Bolt & Supply, Inc and its
designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available
via the Service. Without limiting the foregoing, Lightning Bolt
& Supply, Inc and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content
created by Lightning Bolt & Supply, Inc or submitted to
Lightning Bolt & Supply, Inc, including without limitation information in
Lightning Bolt & Supply, Inc Links, News, and in all other parts of the
Service.
You acknowledge and agree that Lightning Bolt & Supply, Inc may
preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Lightning Bolt & Supply,
Inc, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
Lightning Bolt & Supply, Inc does not claim ownership of Content
you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available
for inclusion in the Service, you grant Lightning Bolt & Supply,
Inc an unlimited, world-wide, royalty free license.
7. INDEMNITY
Upon a request by Lightning Bolt & Supply, Inc, you agree to
defend, indemnify, and hold harmless Lightning Bolt & Supply,
Inc
and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise from
your use or misuse of this Service. Lightning Bolt & Supply, Inc
reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with
Lightning Bolt & Supply, Inc in asserting any available defenses.
Further, you agree to indemnify and hold Lightning Bolt &
Supply, Inc, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use
of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Lightning Bolt & Supply, Inc may establish
general practices and limits concerning use of the Service,
including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk
space that will be allotted on Lightning Bolt & Supply, Inc's
servers on your behalf, and the maximum number of times (and the
maximum duration for which) you may access the Service in a
given period of time. You agree that Lightning Bolt & Supply,
Inc
has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that
Lightning Bolt & Supply, Inc reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that Lightning Bolt & Supply, Inc reserves the right to
change these general practices and limits at any time, in its
sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Lightning Bolt & Supply, Inc reserves the right at any time and
from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice. You agree that Lightning Bolt & Supply, Inc shall not be
liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
Lightning Bolt & Supply, Inc reserves the right, in its sole
discretion, to terminate your access to all or part of this
Service, with or without notice. You agree that Lightning Bolt &
Supply, Inc, in its sole discretion, may terminate your use of
the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack
of use or if Lightning Bolt & Supply, Inc believes that you have
violated or acted inconsistently with the letter or spirit of
the TOS. Lightning Bolt & Supply, Inc may also in its sole
discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of
this TOS may be effected without prior notice, and acknowledge
and agree that Lightning Bolt & Supply, Inc may immediately
deactivate or delete your account and all related information
and files in your account and/or bar any further access to such
files or the Service. Further, you agree that Lightning Bolt &
Supply, Inc shall not be liable to you or any third-party for any
termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that Lightning Bolt & Supply, Inc shall not
be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service. NOTE THAT ALL
MERCHANDISE SOLD OR GIVEN AWAY ON THE Lightning Bolt & Supply,
Inc
WEBSITE ARE PROVIDED BY ADVERTISERS AND NOT Lightning Bolt &
Supply, Inc, REGARDLESS OF THE APPEARANCE OR BRANDING OF THE PRODUCT
OFFERING OR ADVERTISEMENT ON THE Lightning Bolt & Supply, Inc
WEBSITE. IF YOU DO NOT WISH TO DEAL WITH SUCH ADVERTISERS, DO
NOT PURCHASE ANY ITEMS FOR SALE OR ACCEPT ITEMS ON THE Lightning
Bolt & Supply, Inc WEBSITE.
15. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Lightning Bolt
& Supply, Inc has no control over such sites and resources, you
acknowledge and agree that Lightning Bolt & Supply, Inc is not
responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge
and agree that Lightning Bolt & Supply, Inc shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site or resource.
21. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you
generally on the Service.
24. GENERAL INFORMATION
This TOS shall be governed by and construed in all respects by
the laws of the State of Louisiana, as such laws are applied to
agreements entered into and performed entirely within the State
of Louisiana and between Louisiana residents. If any provision
of these Terms is held to be invalid or unenforceable, such
provision shall be struck to the extent of such invalidity or
unenforceability, and the remainder thereof, as well as the
remaining provisions of the Terms shall be fully enforced. You
expressly agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these TOS or your use of
this Service shall be filed only in the state or federal courts
located in the State of Louisiana, and you further agree and
submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action. The TOS
constitute the entire agreement between you and Lightning Bolt &
Supply, Inc and govern your use of the Service, superceding
any prior agreements between you and Lightning Bolt & Supply,
Inc.
You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content
or third-party software.. The failure of Lightning Bolt &
Supply, Inc to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any
contract arising out of or related to use of this Service
provided by Lightning Bolt & Supply, Inc or otherwise arising out
of or related to the provisions and conditions of the TOS, must
be filed within one (1) year after such claim or cause of action
first arose or shall be forever barred. The section titles in
the TOS are for convenience only and have no legal or
contractual effect. |