Limited Inc., dba Korn/Ferry International powered by Lominger, operates the
lominger.com web site (the “Site”) to provide online access to information
regarding products and services available from Lominger (the “Service”).
By accessing and using the Site, you agree to
use the Site for any purpose. By using the Site, you express your
understanding and agreement that you are bound by this Agreement. If you
are unwilling to be bound by this Agreement, do not use the Site.
giving you prior notice. Your use of the Site following any such
modification constitutes your agreement to follow and be bound by the Terms of
1. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that can be seen,
heard or otherwise experienced on the Site (the “Content”) are protected by U.S.
and international copyright, trademark and other laws, and belong to Lominger or
its partners, affiliates or third parties.
You may use the Site, the Service and the Content solely for your personal,
non-commercial use. You may download, print and store portions of the
Content that you select, provided that you: (1) only use these copies of
the Content for your own personal, non-commercial use; (2) do not copy or post
the Content on any network computer or transmit, distribute, publish or
broadcast the Content in any media; and (3) do not modify or alter the Content
in any way, or delete or change any copyright or trademark notice. No
right, title or interest in any downloaded Content or materials is transferred
to you as a result of any such downloading. Lominger reserves complete title and
full intellectual property rights in any Content you download from the Site,
subject to this limited license for you to make personal use of the Content as
set forth herein.
You agree not to modify, reformat, copy,
reproduce, display, distribute, repost, transmit, publish, license, sell, rent,
transfer, or create derivative works from any Content or information obtained
You may not mirror or frame the home page or any other pages of this Site on any
other web site or web page. 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 are prohibited from using any of the marks or logos appearing
throughout the Site without express written consent from the trademark owner,
except as permitted by applicable law.
a. Third Party Links. Hypertext links to third party web sites or
information do not constitute or imply an endorsement, sponsorship, or
recommendation by Lominger of the third party, the third-party web site, or the
information contained therein, unless expressly stated on the Site. You
acknowledge and agree that Lominger is not responsible for the availability of
any such web sites and that Lominger does not endorse or warrant, and is not
responsible or liable for, any such web site or the content thereon.
b. Downloading Files. Lominger 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. The
entire risk as to the quality and performance of the Site and the Service and
the accuracy of the Content is solely and exclusively with you.
c. International Use. Lominger makes no
representation that the Service or Content is applicable or appropriate for use
in locations outside the
United States. You agree to comply with all applicable laws
and local rules regarding the transmission of technical data, acceptable
contents and online conduct.
3. DISCLAIMER OF
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE
SERVICE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE.
LOMINGER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. LOMINGER
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 NONINFRINGEMENT WITH REGARD TO THE
SITE, THE SERVICE, AND THE CONTENT.
LOMINGER 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. LOMINGER 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.
4. LIMITATION OF LIABILITY
LOMINGER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE
CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL
LOMINGER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:
(I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT,
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SITE, THE SERVICE AND/OR THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION
OF TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE,
OR THE CONTENT, EVEN IF LOMINGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
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, LOMINGER’S LIABILITY IS LIMITED AND WARRANTIES ARE
EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT
IN NO EVENT, EXCEED $500.00.
You understand and agree that you are personally responsible for your behavior
on the Site. You agree to indemnify, defend and hold harmless Lominger,
its affiliates, licensors, employees, and agents 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
Click here to see Lominger’s
7. USER CONDUCT
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. You agree not to use the Site in any manner that might
interfere with the rights of third parties.
8. USER SUPPLIED
If you supply any information or material to Lominger via the Site, you
guarantee to Lominger that you have the legal right to supply, post, or store
such information or material and that doing so will not violate any law or the
rights of any person or entity.
9. GENERAL PROVISIONS
a. Claims of Copyright Infringement. Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent.
See Notice and Procedure for Making Claims of Copyright Infringement.
b. Correction of Errors and Inaccuracies. The Content may contain
typographical errors or other errors or inaccuracies and may not be complete or
current. Lominger therefore reserves the right to correct any errors,
inaccuracies or omissions and to change or update the Content at any time
without prior notice. Lominger does not, however, guarantee that any
errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. Every provision of this
Agreement will be construed, to the extent possible, so as to be valid and
enforceable. If any provision of this Agreement so construed is held by a
court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable, such provision will be deemed severed from this Agreement, and
all other provisions will remain in full force and effect. Any and all
the Site, the Service, or the Content (collectively, “Disputes”) are governed
by, and will be interpreted in accordance with, the laws of the State of
Minnesota, without regard to any conflict of laws provisions. Any Dispute
will be venued in a state or federal court situated in
Minnesota, and you hereby irrevocably submit to the personal
jurisdiction of such courts for that purpose.
d. Entire Agreement/No Waiver. This Agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof. No
waiver by Lominger of any breach or default hereunder will be deemed to be a
waiver of any preceding or subsequent breach or default.
© Copyright 2009. Lominger
International. All rights reserved.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this
Agreement or wish to obtain additional information, please send an e-mail to
DATE OF LAST
July 14, 2009