Terms of Use

Effective as of February 1, 2008

WELCOME TO LEFSESOFT! YOUR ACCESS AND USE OF THIS WEBSITE, INCLUDING ANY CASUAL VISITS, ARE SUBJECT TO THESE TERMS OF USE. IF YOU ACCESS OR USE THIS WEBSITE, YOU ACCEPT THESE TERMS OF USE, AS THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.

1. Privacy

Please read our Privacy Policy, which describes our practices with respect to information relating to you. The Privacy Policy forms part of these Terms of Use.

2. Product and Service Availability, Descriptions and Display

The display of a product or service on this website is not a guarantee that the product or service is available or will be available. Should you have any questions concerning the availability of a particular product or service, please contact us.

We attempt to accurately describe the products and services on this website. However, we do not promise or warrant that any product or service descriptions or other content of this website are accurate, complete, reliable, current or error-free.

We will use reasonable efforts to display the products and services on this website accurately. However, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. As a result, we cannot be held responsible for the quality of the display (including any color, size, texture or detail) of any product, service, or other content on your computer screen and cannot promise or guarantee the accuracy of the display of any products, services, or other content on this website.

3.Communications

You consent to receive communications from us electronically, including by e-mail or by posting notices on this website, and via telephone. You agree that all communications that we provide to you electronically, including by e-mail or by posting notices on this website, satisfy any legal requirement that such communications be in writing.

4.Intellectual Property

All content on this website, including text, graphics, logos, icons (including buttons), images, sounds, downloads, data compilations, software and other content (collectively "Content") is our property or that of our licensors and is protected by United States and international copyright laws. The compilation of the Content on this website is our exclusive property and is protected by U.S. and international copyright laws.

LefseSoft, mapicons, mapicons Dynamic Generator, geoxtract, internet map server, and related graphics and text are the service marks,  trademarks or trade dress of LefseSoft in the United States and other countries. LefseSoft’ service marks, trademarks or trade dress may not be used without our express prior written approval and in any event they may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other service marks, trademarks or trade dress not owned by LefseSoft that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We reserve exclusive ownership to all patents, trademarks, service marks, copyrights, registration rights, moral rights, and other intellectual property not expressly referred to in these Terms of Use in connection with this website, any Content, or any products or services made available by LefseSoft.

5. Limited License

We grant you a limited, non-transferable, revocable and non-exclusive license to access and use this website for the sole purpose of purchasing, or evaluating the purchase of, products and services sold by us and activities ancillary to such purpose (e.g., communicating with us with respect to a particular purchase). You are not permitted to use this website for any other purpose. We reserve the right to discontinue this website or any Content at any time without reason therefor or notice thereof.

You may not frame or utilize framing techniques to enclose this website or any Content without our express prior written approval.

You may not link to this website without our express prior written approval. Linked websites are not under the control of LefseSoft and LefseSoft is not responsible for the availability or contents of any linked website or any link contained in a linked website. LefseSoft provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by terra IMS of the website. If you choose to use any linked content, you do so at your own risk.

You may not use any meta tags or any other "hidden text" utilizing our domain names, business names, product names, or other identifiers.

You will not, and you will not request or permit any third party to download, copy, create any derivative works of, or otherwise engage in harmful, illegal, wrongful, negligent or inappropriate action with respect to, this website or any Content (including any products or services made available by LefseSoft).

Any unauthorized access or use of this website or of our service providers' computer systems, or any breach of these Terms of Use, will immediately terminate your right to access or use this website and any products or services you have purchased from us.

6. Minors

This is a general audience website and we do not knowingly collect any personal information from children (those under the age of 13).

7. Comments

We welcome your comments regarding this website, any Content and the products and services offered by us. However, any comments, including any questions, product or service ideas, product reviews, poll responses, suggestions, original creative materials (e.g., stories, computer code, original artwork) or other communications, whether or not confidential, (collectively, "Comments") sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, sublicense, reproduce, disclose, publish and distribute any Comments you submit for any purpose, without restrictionn and without compensating you in any way. You grant us and our sublicensees the right to use the name, IP address, and other information that you submit in connection with such Comments, if they choose. Please do not send us any Comments that you do not wish to assign to us.

8. Disclaimer of Warranties; Acknowledgment of Conditions

WWW.TERRAIMS.COM AND ANY WEBSITES, SALES CHANNELS, PRODUCTS OR SERVICES PROVIDED TO YOU BY TERRA IMS ARE PROVIDED "AS IS"AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, TERRA IMS DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TERRA IMS OR ANY TERRA IMS REPRESENTATIVE SHALL CREATE A WARRANTY.

THERE IS NO WARRANTY THAT WWW.TERRAIMS.COM AND ANY WEBSITES, SALES CHANNELS, PRODUCTS OR SERVICES PROVIDED TO YOU BY TERRA IMS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

9. Limitation of Liability; Indemnification

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TERRA IMS BE LIABLE FOR DEATH, PERSONAL INJURY, OR PROPERTY LOSS OR DAMAGE, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE WWW.TERRAIMS.COM AND ANY WEBSITES, SALES CHANNELS, PRODUCTS OR SERVICES PROVIDED TO YOU BY TERRA IMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTORY, OR OTHERWISE) AND EVEN IF TERRA IMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold harmless LefseSoft and its owners, principals, officers, partners, subsidiaries, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, claims of any third party, including reasonable attorney's fees and expenses, due to, arising out of, related to or otherwise (i) attributable to the actual or alleged infringement or violation of any intellectual property right claimed by LefseSoft or a third party, (ii) resulting from any violation by you of these Terms of Use or any license or other agreement with LefseSoft, or (iii) your access or use of www.lefsesoft.com and any websites, sales channels, products or services made available by LefseSoft.

10. Controlling Law and Severability; Other

These Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, as applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms of Use shall continue in full force and effect. In the event of any dispute between or among you, any person or entity acting by or through you, and LefseSoft, such dispute will be subject to the exclusive jurisdiction of the State and Federal courts sitting in the City of Portland, State of Oregon, provided that LefseSoft may initiate claims, litigation or judicial procedures in any jurisdiction as necessary to protect LefseSoft’ intellectual property. You agree that any notice given to you by LefseSoft by e-mail, by posting on the LefseSoft URL: http://www.lefsesoft.com, or through any other electronic means is acceptable to you. LefseSoft, and only LefseSoft, may modify these Terms of Use at any time by notifying you pursuant to the means identified in the immediately preceding sentence; if you disagree with any modification of these Terms of Use, your sole recourse is to immediately cease all use of this website and any products or services made available by LefseSoft.

11. Complete Agreement; Governing Law

This License constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by LefseSoft. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

12. Certain Terms

When we use the term LefseSoft, us, we, our, or similar designation, we mean LefseSoft Technologies LLC.