Terms & Conditions
LML Payment Systems Inc. provides the site and site-related services (collectively, the “Site”) subject to your compliance with the Terms and Conditions set forth below (the “Agreement”). By using the Site, you accept the terms of the Agreement.
1. Proprietary Rights
Copyright 1999-2009 LML Payment Systems Inc. All Rights Reserved.
All pages within the Site are the property of LML Payment Systems Inc. (“LML”). Permission (which may be revoked at any time) is granted to download and use the material in the Site for private, non-commercial use only, without alterations, so long as the following copyright notice is included: “Copyright 1999-2009 LML Payment Systems Inc. All Rights Reserved.” You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site.
“LML” and the LML logo are trademarks and service marks of LML. Any other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials hosted by LML infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office web site. Notices and counter-notices for the Site should be addressed to:
The Marbury Law Group, PLLC
11800 Sunrise Valley Dr.
Suite 1000
Reston, VA 20191
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
2. Warranty and Damages Disclaimer and Limitations
THE SITE, INCLUDING ANY CONTENT CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOPE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE MAY NOT BE UNINTERRUPTED, ERROR-FREE OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.
NEITHER LML NOR ITS AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT LML IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE.
A possibility exists that the Site content could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although LML attempts to ensure the integrity of the Site content, it makes no guarantees whatsoever as to its completeness, correctness or accuracy.
LML neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Under no circumstances will LML be liable for any loss or damage caused by your reliance on any such information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site.
3. Acknowledgments
You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and all charges related thereto.
The Site contains links to other Web sites operated by unaffiliated third parties (“Linked Sites”). You acknowledge that LML neither endorse nor is affiliated with the Linked Sites and is not responsible for any content that appears on the Linked Sites. You also acknowledge that the respective owners of the Linked Sites neither endorse nor are affiliated with LML.
4. Void Where Prohibited
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. LML reserves the right to limit the availability of the Site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides.
Any offer for any product or service made in the Site is void where prohibited.
5. Code of Conduct
While using the Site, you agree not to:
- Restrict or inhibit any other visitor from using and enjoying the Site;
- Transmit any software that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
- Transmit materials in violation of another party’s copyright or intellectual property rights;
- Use the Site for any commercial or unlawful purposes;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or
- Transmit chain letters, junk or bulk email or spam (commercial or otherwise).
While using the Site, you agree to comply with all applicable laws, rules and regulations in connection with the Site.
LML has no obligation to monitor the Site. However, you acknowledge and agree that LML has the right to monitor the Site and to disclose any information to any third party (please refer to our Privacy Policy) in order to operate the Site properly, to protect itself and its visitors and to comply with legal obligations or governmental requests. LML reserves the right, with or without notice, to refuse to post or to remove any content, in whole or in part, that is unacceptable, offensive or in violation of this Agreement.
6. Indemnification
You agree to indemnify, defend and hold LML and its agents harmless from and against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct above and/or (c) your activities in connection with the Site.
7. Termination
LML reserves the right to immediately terminate any visitor’s use of the Site, or portion thereof, in its sole discretion with or without cause.
8. Content
You acknowledge and agree that by submitting any text, images, data, information or other materials ("Content") to LML, you grant to LML a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate and sub-license such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in the Content. Further, by submitting Content to LML you acknowledge that you have the authority to grant such rights to LML. None of the Content is endorsed by LML, and LML cannot and does not make any representations with respect to the truth or reliability of the Content.
9. Amendments
LML shall have the right at any time to (a) change the terms of this Agreement or (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability or limiting the amount of use permitted. Such changes shall be effective immediately upon notice thereof, which may be given by means including but not limited to posting on the Site and electronic mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes.
You are expected to review this Agreement periodically to ensure familiarity with its most current version.
10. No Duty to Correct or Update
The information provided to you in the Site is for informational purposes only. You should not rely on information contained in the Site for any purpose other than for gaining general knowledge of LML. This information is not intended to be a comprehensive review of all matters and developments concerning LML. LML assumes no responsibility for its completeness, accuracy and currency and undertakes no duty to correct or update any information contained in the Site.
11. No Offer or Solicitation
The Site and the information contained in it do not constitute an offer or the solicitation of an offer for the purchase or sale of any shares or other securities of LML. The information on the Site is not intended in any way to qualify, modify or supplement any prospectus or other information disclosed under the corporate and securities legislation of any jurisdiction applicable to LML. You should not make any investment decisions based on any information on the Site. You should seek independent information and advice from qualified investment professionals prior to investing in LML. The information on the Site is not a substitute for independent professional advice before making any investment decisions. No securities regulatory authority has in any way passed on any of the information contained in the Site.
12. Stock Quote
Where stock quotes and related data are provided on the Site, such data are provided for information purposes only and are not intended for trading purposes. LML will not be liable for any inaccuracies or delays in such data, or for any actions taken in reliance thereon. Potential investors should seek independent information and advice from qualified investment professionals prior to investment.
13. Forward-Looking Statements
Certain statements in the Site are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. You can identify forward-looking statements by terminology such as “aims,” “anticipates,” “estimates,” “expects,” “intends,” “plans,” “predicts,” “projects” or “targets” or the negative or other variations of these terms or other comparable terminology. Forward-looking statements also include any passages that are primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. Forward-looking statements are based on the expectations, projections, opinions and estimates of the management at the time the statements are made and are subject to certain risks and uncertainties that could cause actual results to differ materially from those anticipated in the forward-looking statements. You should not place undue reliance on these forward-looking statements. For information about factors that could potentially affect LML’s business, financial results and these forward-looking statements, please refer to LML’s quarterly reports on Form 10-Q, annual reports on Form 10-K and other disclosure documents that are filed with the United States Securities and Exchange Commission at www.sec.gov and LML’s interim and annual filings and other disclosure documents that are filed on SEDAR at www.sedar.com. Except as required by law, LML undertakes no obligation to update any forward-looking or other statements in the Site, whether as a result of new information, future events or otherwise.
14. Miscellaneous
This Agreement is entered into in the Province of British Columbia and shall be governed by and construed in accordance with the laws of the Province of British Columbia, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the provincial and federal courts sitting in the Province of British Columbia, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions 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 constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
