Terms of Service
Last Updated: March 14th, 2015.
Welcome to this Sensible Websites site (one of the “Sensible Sites”). Sensible Sites refers to the website located at http://SensibleWebsites.com and all other websites owned and operated by Sensible Websites (the “Sensible Sites”). By visiting any of the Sensible Sites, you accept the Terms of Service. Please read them carefully. In addition, when you use any current or future Sensible Websites services, content or other materials, you also will be subject to the Sensible Websites Customer Agreement or other agreement governing your use of our services (the “Agreement”).
When you visit the Sensible Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on SensibleWebsites.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the SensibleSites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LaMarSOFT, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Sensible Sites is the exclusive property of LaMarSOFT, LLC and protected by U.S. and international copyright laws. All software used on the Sensible Sites is the property of LaMarSOFT, LLC or its software suppliers and protected by United States and international copyright laws.
LaMarSOFT and Sensible Websites’ trademarks and trade dress may not be used in connection with any product or service that is not LaMarSOFT or Sensible Websites, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by LaMarSOFT or Sensible Websites that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LaMarSOFT or Sensible Websites.
LICENSE AND SITE ACCESS
Sensible Websites grants you a limited license to access and make personal use of the Sensible Sites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sensible Websites. This license does not include any resale or commercial use of the Sensible Sites or their contents; any derivative use of the Sensible Sites or their contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Sensible Websites in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Sensible Sites is subject to these Terms of Service or Customer Agreement.
The Sensible Sites or any portion of the Sensible Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sensible Websites. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sensible Websites without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sensible Websites’ name without the express written consent of Sensible Websites. Any unauthorized use terminates the permission or license granted by Sensible Websites. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of a Sensible Websites site, so long as the link does not portray Sensible Websites, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Sensible Websites logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use any of the Sensible Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sensible Websites reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Sensible Websites reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Sensible Websites a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sensible Websites the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Sensible Sites. You acknowledge that (a) Sensible Websites has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sensible Websites for all claims resulting from content you supply. Sensible Websites has the right but not the obligation to monitor and edit or remove any activity or content. Sensible Websites takes no responsibility and assumes no liability for any content posted by you or any third party.
Sensible Websites respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement below.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SENSIBLE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SENSIBLE WEBSITES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. SENSIBLE WEBSITES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SENSIBLE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SENSIBLE WEBSITES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SENSIBLE WEBSITES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SENSIBLE SITES; THEIR SERVERS; OR E-MAIL SENT FROM SENSIBLE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENSIBLE WEBSITES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SENSIBLE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SENSIBLE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Sensible Sites, you agree that the laws of the state of Nebraska, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Sensible Websites.
Any dispute relating in any way to your visit to the Sensible Sites or to services provided by Sensible Websites in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Douglas County, Nebraska, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies on SensibleWebsites.com. These policies also govern your visit to any of the Sensible Sites. We reserve the right to make changes to the Sensible Sites, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
dba Sensible Websites
11909 Arbor Street, Suite G
Omaha, NE 68144
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying Sensible Websites that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Mail the specified information to:
dba Sensible Websites
11909 Arbor Street, Suite G
Omaha, NE 68144