Last Updated: November 9, 2015
The policies below apply to the “Timmerman Report” website (“Site”), http://timmermanreport.com, which is owned and operated by LT Media LLC, and also apply s to any affiliated websites (including any versions optimized for viewing on a wireless, mobile or tablet device); all email or other communications published or distributed by Timmerman Report and/or LT Media LLC, and all other services, interactive features and communications provided by LT Media LLC (collectively, “Services”), however accessed and/or used, that are operated, made available, produced or maintained by LT Media LLC. (LT Media” or “we”, “us”, or “our”). In addition to the Content on the Services, LT Media may also provide you with opportunities to submit content and participate in interactive offerings. BY SUBSCRIBING TO “TIMMERMAN REPORT”, USING OUR SITE, OR OTHERWISE USING OR CONTRIBUTING TO ANY OF LT MEDIA’S SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE SITE OR SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITE AND/OR ANY AFFILIATE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS AND CONDITIONS OF USE WILL APPLY RETROACTIVELY. This is a legal agreement between you (“you” or “user”) and LT Media that states the material terms and conditions that govern your use of the Site and Services. This agreement, together with all updates, supplements, additional terms, and all of LT Media’s rules and policies collectively constitute this “Agreement” between you and LT Media.
1. Site Access License. LT Media grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Site, related Services or the content thereof. LT Media does not grant you a license to modify all or any portion of the Sites or their Content. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any images or third-party content on the Site; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Timmerman Report and/or any portion of the Services may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without LT Media’s express written consent. You cannot access or attempt to access Content on the Sites through any interface except for the publicly provided interfaces provided by LT Media. You cannot frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of LT Media, its Content providers or its affiliates without express written consent. You cannot use any metatags or any other “hidden text” utilizing our name, service marks or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site, any activities conducted on the Site or Services; or (iii) bypass any measures we may use to prevent or restrict access to the Site. Any unauthorized use automatically terminates the permissions and/or licenses granted to you herein.
2. Copyright and Ownership. All of the Content featured or displayed on the Site and Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by LT Media, its licensors, vendors, agents and/or its Content providers. All elements of the Site and Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site and the Services may only be used for the intended purpose for which LT Media makes them available. Except as may be otherwise indicated in specific documents within the Site or Services or as permitted by copyright law, you are authorized to view, play and print copyrighted documents and other material found on our Site or Services for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site or Services. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site and Services. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Services. Timmerman Report and all affiliated Services, the Content thereof, and all related rights shall remain the exclusive property of LT Media or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Site or Services.
3. Trademarks/No Endorsement. All trademarks, service marks and trade names of LT Media used herein (including but not limited to: Timmerman Report’s name, LT Media’s corporate logo, the design of the Site or any Services, and any logos) (collectively “Marks”) are trademarks or service marks of LT Media or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify LT Media Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site or Services, without LT Media ‘s prior written consent. The use of LT Media Marks on any other website or network computer environment is not allowed. LT Media prohibits the use of Timmerman Report trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use Timmerman Report’s name or any language, pictures or symbols which could, in LT Media’s judgment, imply Timmerman Report’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
4. Account Registration and Security. You understand that you must create an account to access to some parts of the Site and Services. In consideration of your use of the Site and Services, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site and Services’ registration or subscription pages (such information being the “Registration Data”), or any such requests received from third-party agents working on LT Media’s behalf (e.g., for billing or other matters), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LT Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LT Media has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Site and Services may also include a tool that allows you to sign in or register using information from your account with a third-party service, such as Facebook, Twitter, Google, Yahoo or LinkedIn. These third-party services are unrelated to the Site and Services, and your login using such third-party registration information and use of such third-party services is subject to the terms and policies of those services.
5. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Site or Services using your account information. Allowing a non-subscriber (person or entity) to access your account or our Content (by sharing or failing to safeguard your password, etc.) is a violation of the terms and conditions of use. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site and Services.
6. Corporate/group subscriptions: Corporate or institutional entities that purchase at least five individual subscriptions are considered “corporate” or “group” subscribers. Once such an entity has reached that level, it may share or distribute copyrighted Timmerman Report content internally to others within that same entity. Public sharing or distribution of Timmerman Report copyrighted content, or sharing of Timmerman Report content with any external person or organization, without permission of LT Media LLC, is expressly prohibited.
7. Fees. For all charges associated with your subscription to Timmerman Report or other purchases of Services or products from or through LT Media, LT Media’s vendors or agents will collect and store your billing information, and will bill your bank card or alternative payment method offered by LT Media or third parties acting on its behalf. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse LT Media and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site and Services.
8. Termination and Refunds: You may terminate your account or your use of this Site and Services at any time, for any reason or for no reason. However, there are no refunds for cancellation. If you cancel before the end of your billing cycle you have access to your account for the remainder of the billing cycle. In the event that LT Media suspends or terminates your account or this Agreement for your breach of this Agreement, including for posting what LT Media considers in its sole discretion inappropriate material or for allowing others to access our Content via your account, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any Content or data associated with your account, or for anything else.
Additionally, in the event of termination, you remain personally liable for any service or purchase orders placed or charges incurred through your account prior to termination. We may also block your access to our Site and/or Services in the event that (a) you breach these Terms and Conditions of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
9. User Submissions and Comments. You retain all your rights to any Content (e.g. comments, photographs and videos, participation in communities, tips, etc.) that you create, submit or share using the Sites (“User Submissions”). By posting content on our Site (e.g., comments, photographs and videos, participation in communities, tips, etc.) that you create, submit or share using the Site and Services (“User Submissions”), you expressly grant LT Media a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the Content in your User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including promotion of the LT Media, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and LT Media shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. If you upload a User Submission to the Site or Services or other third-party websites or applications (for example, by sharing your Content on other social media), you also understand that you are giving other users the right to modify, copy, distribute, publicly perform, publicly display, and create derivative works from it.
10. Inappropriate User Submissions. LT MEDIA DOES NOT ENCOURAGE, AND DOES NOT SEEK USER SUBMISSIONS THAT RESULT FROM ANY ACTIVITY THAT: (I) MAY CREATE A RISK OF HARM, LOSS, PHYSICAL OR MENTAL INJURY, EMOTIONAL DISTRESS, DEATH, DISABILITY, DISFIGUREMENT, OR PHYSICAL OR MENTAL ILLNESS TO YOU, TO ANY OTHER PERSON, OR TO ANY ANIMAL; (II) MAY CREATE A RISK OF ANY OTHER LOSS OR DAMAGE TO ANY PERSON OR PROPERTY; (III) MAY CONSTITUTE A CRIME OR TORT. YOU AGREE THAT YOU HAVE NOT AND WILL NOT ENGAGE IN ANY OF THE FOREGOING ACTIVITIES IN CONNECTION WITH PRODUCING YOUR SUBMISSION; OR (IV) ARE SEXUAL IN NATURE. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress or abuse on other people, will not humiliate other people (publicly or otherwise), will not assault, stalk or threaten other people, will not enter onto private property without permission, will not will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. LT Media will reject any submissions in which LT Media believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions of Use, LT Media reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Site at any time and without notice.
11. Inappropriate Material. You are prohibited from using the Site or Services to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic, profane or irrelevant material, personal attacks, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Site or the Services or through Voice computer systems is expressly prohibited by these Terms and Conditions of Use. Any such unauthorized use of our computer systems is a violation of applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or the rules in our commenting FAQs linked to here, we may take any action we deem necessary to cure or prevent the violation, including without limitation, terminating your subscription and/or blocking you from the Site and/or Services, banning you from leaving comments or participating in Services, and/or the immediate removal of the related materials from the Site or Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in services and/or the immediate removal of the related materials from the Site at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. LT Media will endeavor to apply these prohibitions in a manner that does not violate your free speech rights under the First Amendment.
12. User Published Content. User Submissions and User-published Content do not represent the views of Timmerman Report or any entity or individual associated with LT Media, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, LT Media’s endorsement of user published Content. LT Media does not vouch for the accuracy or credibility of any user published Content on our Site or Services, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Site or Services. Through your use of the Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site or Services, you assume all associated risks.
13. Third-Party Links. From time to time, the Site and/or Services may contain links to websites that are not owned, operated or controlled by LT Media or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Site or Services. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Site or Services, you do so entirely at your own risk.
14. Contests, Sweepstakes and Games. From time to time the LT Media may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.
15. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site or Services; or (iii) bypass any measures we may use to prevent or restrict access to the Site or Services.
16. Right to Takedown Content: Users shall remain solely responsible for the content of their messages and submissions; LT Media shall have no obligation to prescreen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user access to the Sites or Services who fails to conform to any provision of these Terms and Conditions of Use.
17. Representations and Warranties. You represent that you are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Site and Services is and will be in compliance with all applicable laws. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 8; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Site and Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) you have read, understood, agree with, and will abide by the terms of this agreement; (iv) you are not, and have not been an agent of LT Media and were not and are not acting on behalf of, or as a representative of, LT Media or any other party in connection with the User Submission; (v) the User Submission and LT Media’s use thereof as contemplated by this Agreement and LT Media will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm LT Media or any third party; (b) Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
18. DISCLAIMERS. YOUR USE OF THIS SITE AND ALL LT MEDIA SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER LT MEDIA, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER LT MEDIA, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TIMMERMAN REPORT OR THROUGH LT MEDIA CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. LIMITATIONS OF LIABILITY. LT Media does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site or Services, or your downloading of any information or materials from this Site or Services. IN NO EVENT WILL LT MEDIA, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SITE OR SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR SERVICES, ANY WEBSERVICES LINKED TO THE SITE OR SERVICES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT LT MEDIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE AND/OR SERVICES. IN NO EVENT SHALL LT MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25) OR (B) THE VALUE OF YOUR SUBSCRIPTION TO THE SITE.
20. Indemnity. You agree to defend, indemnify and hold LT Media and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Site or Services or the Internet or your placement or transmission of any message or information on this Site or Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Timmerman Report and/or LT Media; or (vi) any other party’s access and use of the Site or Services with your username, password or other appropriate security code.
21. Release. In the event that you have a dispute with one or more other users of the Site or Services, you release LT Media (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.
22. Force Majeure. Neither LT Media nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
24. General. Any claim relating to, and the use of, this Site and/or the Services, and the materials contained within, is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms and Conditions of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Site or Services, and operation of the Site or Services may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions of Use and all incorporated agreements may be automatically assigned by Timmerman Report in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 14 (Access and Interference), 1 (License), 20 (Release), 18 (Liability Limit), and 19 (Indemnity) shall survive any termination or expiration of this Agreement.
25. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Site and Services, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site and Services. LT Media has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and Services. LT Media has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of LT Media or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Site and Services infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Luke Timmerman, 1616 Eastlake Avenue East, Suite #110 Seattle, WA 98104, firstname.lastname@example.org , 206-419-7575 (c)
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Site or Services that you claim is infringing, with enough detail so that we may locate it on the Site or Services;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
26. Entire Agreement. These terms and conditions are the entire agreement between the user and LT Media and supersede any prior understandings or agreements (written or oral).
27. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com.
28. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2015, LT Media LLC or its licensors. ALL RIGHTS RESERVED.