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Site Terms of Use

The web pages available at www.levanta.com, and all linked pages ("Site"), are owned and operated by Levanta, Inc. ("Levanta"), a Delaware corporation, and is accessed by you ("Subscriber") under the following terms and conditions:

1. ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, Levanta may offer to provide certain services, as described more fully on the Site, and which are selected by Subscriber through the process provided on the Site ("Services"), solely for Subscriber's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Levanta performs for Subscriber, as well as the offering of any content on the Site. Levanta may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Levanta may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without notice or liability. Levanta reserves the right, at its discretion, to modify this Subscriber Agreement at any time by posting a notice on the Site, or by sending Subscriber a notice via e-mail or postal mail. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of the terms and conditions of this Subscriber Agreement as modified.

Subscriber certifies to Levanta that if Subscriber is an individual (i.e., not a corporation) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. SITE CONTENT
The Site and its contents are intended solely for the use of Levanta subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Levanta or its third party content providers. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Subscriber Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Subscriber shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Levanta, or from the copyright holder identified in such Content's copyright notice.

Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute Content to the Site, such Content shall become Levanta property. Subscriber hereby assigns all rights, title and interests in and to such contributions to Levanta. To the extent allowed by law, Subscriber also assigns and waives all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights." To the extent Subscriber retains any such Moral Rights under applicable law, Subscriber hereby ratifies and consents to any action that may be taken with respect to such moral rights by Levanta and agrees not to assert any Moral Rights with respect thereto. Subscriber warrants and represents that it will not contribute any Content that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law.

3. RESTRICTIONS
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber's right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Levanta user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Subscriber will not run Maillist, Listserv, any form of auto-responder, or "SPAM" on the Site, or any processes that run or are activated while the Subscriber is not logged in.

4. WARRANTY DISCLAIMER
Levanta has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Levanta has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Levanta from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Levanta makes no representations concerning any content contained in or accessed through the Site, and Levanta will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): Levanta MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Levanta will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Levanta's equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services.

5. REGISTRATION AND SECURITY
As a condition to using Services, Subscriber may be required to register with Levanta and select a password and Subscriber name ("Levanta User ID"). Subscriber shall provide Levanta with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use as a Levanta User ID a name of another person with the intent to impersonate that person; or (ii) use as a Levanta User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. Levanta reserves the right to refuse registration of, or cancel a Levanta User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Levanta password.

6. INDEMNITY
Subscriber will indemnify and hold Levanta, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Subscriber's access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Account, of any intellectual property or other right of any person or entity.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Levanta BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.

8. FEES AND PAYMENT
Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Levanta reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges.

9. TERMINATION
Either party may terminate the Services at any time by notifying the other party by any means. Levanta may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the Account, Subscriber's right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

10. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Levanta shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Levanta's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Levanta's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Levanta in any respect whatsoever.

11. THIRD PARTY LICENSES
For information about Levanta third party licenses, read our third party software information (pdf).

12. INTREPID END USER LICENSE AGREEMENT
Obtain details about Levanta's End User License Agreement(pdf).

13. TERMS OF SALE
Find out about the Levanta Intrepid Terms of Sale (pdf).
 
 
 
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