Terms and Conditions of Use

Agreement to Terms of Use; Ownership of Site

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at www.Carmellimo.com and www.Limodesk.com, and all associated sites linked to the Site by Barton T, Ltd., its subsidiaries and affiliates (“Carmel”), including Carmel sites around the world (collectively, the “Site”). BY USING THE SITE, YOU HEREBY AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Carmel reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Carmel grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The Site is the property of Carmel. Any rights not expressly granted in these Terms of Use are reserved for Carmel. Carmel reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Content

All materials, including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Content”) are owned exclusively (either directly or indirectly) by Carmel and/or its content providers. The Content is protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by the Carmel and/or its content providers.

Use of the Site

This Site and its Contents may be used solely for your own personal, non-commercial use. Any other use of the Site or the Content is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of Carmel and/or its content provider. You may not use any framing techniques to enclose any trademarks or logos of Carmel nor use any meta tags or other hidden text, or link to the Site without Carmel’s prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.

You may view and print a copy of the Content displayed on the Site, and download a copy of any Content that is designated for downloading, for your personal use only but you may not alter the Content in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interests in and to the Content are not transferred to you by copying or downloading the material.

The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Carmel.

Online Conduct

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Carmel or others.

You are prohibited from posting or transmitting to or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other similar material.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Carmel on or through the Site or any service offered on or through the Site.

Privacy

Carmel’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Carmel’s Privacy Policy, click here.

Links to Other Sites and to the Carmel’s Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Carmel’s control, and Carmel is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers; Limitation of Liability

CARMEL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CARMEL CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CARMEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARMEL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Carmel FOR YOUR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS, IN NO EVENT WILL CARMEL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR ANY LINKED SITES, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF CARMEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON.

Indemnity

You agree to indemnify and hold Carmel, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all demands, losses, liabilities, claims or expenses (including attorneys’ fees and court costs), arising from or relating to your use of the Site.

Violations of these Terms of Use

Carmel may disclose any information it has about you if Carmel determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Carmel’s rights or property, or the rights or property of users of the Site. You acknowledge and agree that any violation by you of these Terms of Use shall cause irreparable harm to Carmel for which monetary damages would be inadequate. You consent to Carmel obtaining any injunctive or equitable relief that Carmel deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Carmel may have at law or in equity, including but not limited to the right to block access from a particular IP address.

If Carmel does take any legal action against you as a result of your violation of these Terms of Use, Carmel will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and courts costs arising from such action, in addition to any other relief granted to Carmel.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Carmel and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit a request to resolve the dispute through arbitration in accordance with the then-current rules of the American Arbitration Association. The location of the arbitration will be in New York City, New York (USA). The decision of the arbitrator will be binding on the parties and enforceable in a court of law.

Void Where Prohibited

You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire understanding agreement between you and Carmel with regard to your use of the Site, and shall supersede any and all prior and contemporaneous written or oral understandings or agreements with respect thereto. Carmel’s failure to enforce any rights under these Terms of Use shall not constitute a waiver of any such term or condition.

Feedback and Contact

All questions and/or feedback relating to this Site should be sent to https://www.carmellimo.com/WebApp/ContactUS.shtml. Any feedback you provide at this Site shall be deemed to be non-confidential. Carmel shall be free to use such information on an unrestricted basis.


Copyright © 2015 Baron T, Ltd. All rights reserved. Baron T, Ltd., 2642 Broadway, New York, NY, 10025, USA