Last updated: November 12, 2015
Tomorgen, Inc. reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of Site
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Tomorgen, Inc. or its partners, affiliates, contributors or third parties. You may download and reprint Content for non-commercial, non-public use only.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
5. Linking to this Site
If you would like to link to the Site, you must follow Tomorgen, Inc.’s guidelines. Unless specifically authorized by Tomorgen, Inc., you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
Tomorgen, Inc. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
8. Disclaimer of Warranties
TOMORGEN, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. TOMORGEN, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. TOMORGEN, INC. DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. TOMORGEN, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TOMORGEN, INC.'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1.00.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Tomorgen, Inc., its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
Tomorgen, Inc. shall not share or distribute registered user information other than as visible through the user’s activity through posts, votes, comments or other site activities. Purchase/order information is not shared except as required to execute the transaction. Tomorgen, Inc. may use user information to target content or services provided by Tomorgen, Inc., its partners, afilliates, or Site or Service users.
12. Additional Terms of Service
If you contribute content to the Site through posts or in any other manner, you warrant that the contributions are your own material or if under copyright that you have permission to post the material and identify the copyright owner with the posted material, and permit Tomorgen, Inc. to share or allow distribution of the content on, through, and for use of the Site.
13. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, unless explicitly permitted by Tomorgen, Inc., or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. You agree not to post content that is offensive, inappropriate, or objectionable. Tomorgen, Inc. reserves the right to remove any content from the site at any time without prior warning and without explanation. Tomorgen, Inc. reserves the right to block any user from using the site at any time, without notice.
To notify Tomorgen, Inc. of content or users that may be offensive, please send an email to:
s e r v i c e @ l u v d i t . c o m (without spaces). Include your user id, the title of the offensive post, and the user id of the poster.
14. Unsolicited Idea Submission Policy
Tomorgen, Inc. and its employees do not accept or consider unsolicited ideas. Please do not send your unsolicited ideas to Tomorgen, Inc. or anyone at Tomorgen, Inc. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Tomorgen, Inc., without any compensation to you; (2) Tomorgen, Inc. will have no obligation to return your idea to you or respond to you in any way; (3) Tomorgen, Inc. will have no obligation to keep your idea confidential; and (4) Tomorgen, Inc. may use the idea for any purpose whatsoever, including giving the idea to others.
However, Tomorgen, Inc. does welcome feedback regarding many areas of Tomorgen, Inc.'s existing businesses that will help satisfy customer's needs, and feedback can be provided through the contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section below.
15. User Supplied Information
Tomorgen, Inc. does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Tomorgen, Inc. the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
16. Password Security
If you register to become a Tomorgen, Inc. Site user, you are responsible for maintaining the confidentiality of your user identification and password information, and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your user identification and password.
17. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Tomorgen, Inc. therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Tomorgen, Inc. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the email address identified on the Site’s contact page(s).