User Agreement

Updated: September 9th, 2016

All Customers of LBJ Computers LLC's basic services are subject to the terms and conditions contained in the User Agreement. The User Agreement is a legal contract between LBJ Computers and the Client that contains the rights, duties and obligations of LBJ Computers LLC and the Client. Please read the Terms carefully. By accessing or using the control panel, or paying LBJ Computers LLC for services you are acknowledging you have read and agree to be bound by these Terms without any conditions, restrictions, or limitations. If you do not fully accept and agree with these Terms then you may not use LBJ Computers LLC services in any manner.

0. ACCEPTANCE OF TERMS OF SERVICE

1. As a precondition and requirement to use the services available via LBJ Computers LLC you, for yourself and for the company or other person(s), if any, you represent ("Client," "Subscriber," or "you", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Client and LBJ Computers LLC. Each Client is subject to these Terms, by using LBJ Computers LLC's services, network, programs, and/or systems (collectively the "Services"), Client agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Client.

2. Client represents and warrants that, if an individual, Client is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Client is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Client represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 25 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from LBJ Computers LLC. Further, Client represents and warrants all information provided by Client to LBJ Computers LLC has been and is complete, accurate, and current, and that Client shall continue to provide complete, accurate and current information to LBJ Computers LLC in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.

3.Due to changing technologies, changing laws and the individual and collective needs of our Clients, LBJ Computers LLC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

4. Any use of the Services by Client, after changes, modifications, additions or deletions to these Terms, shall constitute Client's acceptance of all such changes, additions, modifications or deletions. If a Client does not agree to any such alterations to these Terms, the Client's sole and exclusive remedy is to cancel the Client's services as set forth in Sections 3 and 4 below.

5. The current Terms of Service can be viewed by clicking on "Terms of Service" on the bottom of the page at lbjcomputers.com. The last date of an update can be viewed at the top of the document.


1. RELATIONSHIP OF THE PARTIES

1. Independent Contractor. LBJ Computers LLC is an independent contractor, not an employee of Client or any company affiliated with Client. LBJ Computers LLC shall provide the Services under the general direction of Client, but LBJ Computers LLC shall determine, in LBJ Computers LLC' sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. LBJ Computers LLC and the work product or Deliverables prepared by LBJ Computers LLC shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.

2. No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. LBJ Computers LLC shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by LBJ Computers LLC.

3. Agents. LBJ Computers LLC shall be permitted to engage and/or use third party agents or other service providers as independent contractors in connection with the Services ("LBJ Computers LLC Agents").


2. ACCEPTABLE USE POLICY.  Under this Agreement, Client shall comply with LBJ Computers LLC's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by LBJ Computers LLC, and other agreements which currently can be viewed under the Terms of Service, and which is incorporated in this Agreement by reference. Client hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. LBJ Computers LLC does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Client via the Service (the "User Content"). User Content includes content of Client's and/or users of Client's Web site. Accordingly, under this Agreement, Client will be responsible for Client's users content and activities on Client's Web site. Notwithstanding anything to the contrary contained in this Agreement, LBJ Computers LLC may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Client of the AUP. In the event LBJ Computers LLC takes corrective action due to a violation of the AUP, LBJ Computers LLC shall not refund to Client any fees paid in advance of such corrective action. Client hereby agrees that LBJ Computers LLC shall have no liability to Client or any of Client's users due to any corrective action that LBJ Computers LLC may take (including, without limitation, suspension, termination or disconnection of Services).  LBJ Computers Acceptable Use Policy  (There is also a link to the AUP at the top of this page under Terms of Service)

3. TERM - PAYMENT - RENEWAL OF SERVICES AND DOMAIN

1. Term of Service. The term of Client's subscription to the Services commences upon Client's acceptance of these Terms by making a payment for services and terminates as set forth in Paragraphs 3.06 and 4.01.

2. Payment. Client agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Client agrees to update and keep current all of Client's billing information, email and all other contact information. It is the Client's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Late payments maybe subject to to a $40.00 late fee, disconnection or discontinuance of any and all Services, or termination of this Agreement at LBJ Computers LLC's descretion.

3. Automatic Renewal of Services. As a courtesy and not as an obligation (contractual or otherwise), prior to the expiration of Client's Services or Domain(s) LBJ Computers LLC will automatically renew Client's Services by billing the applicable fee for the non-promotional rate to the Client. The initial term of this Agreement shall be as set forth in the Original Invoice (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Client, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in an invoice to the customer prior to the commencement of such successive period or renewal period. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".

4. Automatic Renewal of Domain(s). As a courtesy and not as an obligation (contractual or otherwise), prior to the expiration of Client's domain, if registered with LBJ Computers LLC, or if transferred to and registered with LBJ Computers LLC, LBJ Computers LLC will automatically renew Client's domain. LBJ Computers will then bill Client for this. Client hereby releases LBJ Computers LLC from any and all liability for failure for any reason to renew said Account or said Domain(s). Client acknowledges that there may be many reasons why LBJ Computers LLC is unable to renew said Services or Domain, including but not limited to inability of LBJ Computers LLC, for any reason, to bill said renewal to Client, to contact or otherwise get response from Client at the email address on file, or otherwise. Client acknowledges that said Account and/or Domain, if not renewed, for whatever reason, will expire on the Services or Domain Expiration Date, as applicable. In the event that a Domain expires, LBJ Computers LLC will hold the expired Domain for up to thirty (30) days as a courtesy and not as an obligation (contractual or otherwise). Thirty (30) days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Client must pay a Redemption Fee, as well as a Renewal Fee for the current year. If the Domain is not redeemed within seventy-four (74) days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.

5. Notification of Automatic Renewals. Client will be notified of pricing for EACH successive period (or renewal period). This notification will be sent to the contact email address on file for the Account.

6. Cancellation of Automatic Renewal of Account or Domain. Client agrees to notify LBJ Computers LLC of Client's intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date. By sending notice of cancellation to LBJ Computers LLC via email or in writing.

7. Authority. In the event Client is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing LBJ Computers LLC Services on behalf of Client hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Client's acceptance of all other Terms set forth herein.

8. Taxes. All fees charged by LBJ Computers LLC for the Services are exclusive of all taxes, VAT and similar fees now or in the future on the transaction and/or the delivery of Services. If LBJ Computers LLC is required to pay any such taxes, Client will, upon receipt of LBJ Computers LLC' invoice, promptly reimburse LBJ Computers LLC for any such taxes paid by LBJ Computers LLC.

9. Remaining balances must be paid before web sites go live.

10. Refunds on Down-payments. Once a down-payment has been made there are no refunds unless you cancel the Services within 7 days.


4. CANCELLATION OF SERVICES.  Notice of Cancellation. Client agrees to direct all cancellation requests to LBJ Computers LLC via email, or in writing. Client must state via email or writing to LBJ Computers LLC what Client content, images and text should be preserved for the Client to back up somewhere else other than LBJ Computers server space. Once confirmed the cancellation can be processed following the cancellation policy.

5. LICENSE TO LBJ COMPUTERS LLC.  By submitting content and data to LBJ Computers LLC, Client grants to LBJ Computers LLC, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Client's copyrights and other rights, if any, in all material and content displayed in Client's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on LBJ Computers LLC's servers during the Term. Client also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Client's cancellation of the Services as set forth in Sections 3 and 4 of the User Agreement. All displays or publications of the Deliverables shall bear accreditation in LBJ Computers LLC' name in the form, size and location as incorporated by LBJ Computers LLC in the Deliverables, or as otherwise directed by LBJ Computers LLC.

6. CLIENT REPRESENTATIONS.  Client represents, warrants and covenants to LBJ Computers LLC that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client's knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.

7. CLIENT RESPONSIBILITIES.  Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner;

1. Coordination of any decision-making with parties other than the LBJ Computers LLC.

2. Provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal email.

3. Final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

4. You understand and agree you are solely responsible for maintaining the confidentiality and security of your username(s), password(s), path to your control panel login, or other credential(s) associated with the use of your website, account, domain name or control panel. Your failure to maintain the confidentiality and security of your username(s), password(s), path to control panel login, domain name, and credential(s) may result in among other things a loss of your privacy, data theft, financial losses or liability to LBJ Computers LLC and other third parties arising from damages incurred by them as a result of your breach of these Terms. It is exclusively the Client's obligation to maintain and control password(s), username(s), to the Client's web site(s), control panel, domain name and account. The Client is exclusively responsible for all activities that occur in connection with the Client's username(s) and password(s). The Client agrees to immediately notify LBJ Computers LLC of any unauthorized uses of the Service or any other breaches of security in writing immediately. LBJ Computers LLC will not be liable for any loss or damages of any kind, under any legal theory, caused by the Client's failure to comply with any of the foregoing security obligations or caused by any person to whom the Client grants access to the Client's Services, or due to any updates performed by LBJ Computers LLC.

5. Client shall designate a single Point of Contact ("Point of Contact") to LBJ Computers LLC. Client's Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Client. Client agrees that LBJ Computers LLC may rely on representations made by Client's Point of Contact. LBJ Computers LLC is under no obligation to accept instructions from anyone other than the Point of Contact.


8. ELECTRONIC MAIL.  Client agrees LBJ Computers LLC is not an Electronic Mail provider and authorizes LBJ Computers LLC to use a Third-Party provider for Client's Electronic Mail and agrees to their terms of service agreements.

9. DOMAIN NAME REGISTRAR.  Client agrees LBJ Computers LLC is not an Domain name provider and authorizes LBJ Computers LLC to use a Third-Party provider for Client's Domain Name and agrees to their terms of service agreements.

10. DOMAIN NAME REGISTRATION.

1. If Client is registering a new domain name with LBJ Computers LLC, or using or transferring a previously registered domain name in conjunction with Client's use of the Services, Client hereby acknowledges and agrees that Client's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Blue Host Domain Registration Agreement located at http://www.BlueHost.com/cgi/info/domain_registration_agreement and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/resources/registrars/registrant-rights/educational

2. If you request LBJ Computers LLC to register your domain name, you voluntarily assign LBJ Computers LLC as the official registrant of the domain name. LBJ Computers LLC in turn grants full use of the domain name back to you, along with the rights of ownership of the domain name.


11. WEB HOSTING.

1.Client agrees LBJ Computers LLC is not a Web Hosting provider and authorizes LBJ Computers LLC to use a Third-Party provider for Client's Web Hosting.

2.The Client agrees to the User Terms of Service Agreements for Bluehost.com and its affiliates, found at: http://www.BlueHost.com/cgi/info/user_agreement


12. WEB HOSTING AVAILABILITY.  Client agrees LBJ Computers LLC has no control over availability of the Web Hosting on a continuous or uninterrupted basis. LBJ COMPUTERS LLC MAKES NO WARRANTY THAT THE WEB HOSTING WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE.

13. WEB HOSTING ACCESSIBILITY.  Client agrees access to Web Hosting will be limited to the access provided via the LBJ Computers LLC Control Panel System.

14. SECURITY.  Client acknowledges that the Internet is not a secure or completely reliable system, and that the purpose of the Services is to allow end users easy access to Client's Content. LBJ Computers LLC makes no warranty that there will be no outages or interruptions of service, or that Client's Content will be secure against attack of any form by end users or other third parties.

15. SOFTWARE UPDATES.  From time to time, LBJ Computers LLC may update the software associated with a Service for many reasons, including but not limited to, (a) to fix bugs or problems in previous versions; and/or (b) to enhance functionality or features. LBJ Computers LLC makes no warranty that such updates will not affect your use of the Services or introduce new but unknown bugs into the software. Further, LBJ Computers LLC shall not be responsible for the effect an update has on any code not provided by LBJ Computers LLC and any modifications to such code to restore functionality shall be Client's sole responsibility and cost.

16. LBJ COMPUTERS LLC AS RESELLER.  LBJ Computers LLC is acting only as a reseller of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-LBJ Computers LLC Product"). LBJ Computers LLC shall not be responsible for any changes in the Services that cause the Non-LBJ Computers LLC Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-LBJ Computers LLC Product either sold, licensed or provided by LBJ Computers LLC to the Client or purchased directly by the Client used in connection with the Services will not be deemed a breach of LBJ Computers LLC's obligations under this Agreement. Any rights or remedies the Client may have regarding the ownership, licensing, performance or compliance of Non-LBJ Computers LLC Product are limited to those rights extended to the Client by the manufacturer of such Non-LBJ Computers LLC Product. The Client is entitled to use any Non-LBJ Computers LLC Product supplied by LBJ Computers LLC only in connection with the Clients's permitted use of the Services. Client shall use its best efforts to protect and keep confidential all intellectual property provided by LBJ Computers LLC to Client through any LBJ Computers LLC Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Client shall not resell, transfer, export or re-export any LBJ Computers LLC Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

17. HEADINGS.  The numbering and captions of the various sections of the User Agreement or the policies of LBJ Computers LLC are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.

18. FORCE MAJEURE.  LBJ Computers LLC shall not be deemed in breach of this Agreement if LBJ Computers LLC is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of LBJ Computers LLC or any local, state, federal, national or international law, governmental order or regulation or any other event beyond LBJ Computers LLC' control (collectively, "Force Majeure Event"). Upon occurrence of any Force Majeure Event, LBJ Computers LLC shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

19. USAGE POLICIES AND DEFINITIONS.  LBJ Computers LLC's offering of services is not intended to allow the actions of a single or few Clients to unfairly or adversely impact the experience of other Clients. LBJ Computers LLC's service is a shared service, which means that multiple Client web sites are hosted from the same server and share server resources. LBJ Computers LLC's service is designed to meet the typical needs of small business and home business website Clients in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

20. PROPERTY RIGHTS.

1. These Terms do not give Client any rights in LBJ Computers LLC intellectual property or technology. LBJ Computers LLC and related trademarks and logos are the exclusive property of LBJ Computers LLC. LBJ Computers LLC and Client agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar LBJ Computers LLC from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

2.LBJ Computers LLC Control Panel System. LBJ Computers Control Panel System, Connections to the Control Panel System, and Databases conntected to and used by the Control Panel System are and shall remain the exclusive property of LBJ Computers LLC. LBJ Computers LLC hereby grants to Client a nonexclusive, nontransferable, perpetual, worldwide license to use the LBJ Computers Control Panel System solely to the extent necessary with the website Services. This license ends upon cancellation of Services. Client may not directly or indirectly, in any form or manner, decompile, reverse engineer, create derivative works or otherwise disassemble or modify any LBJ Computers Control Panel comprising any software or technology of LBJ Computers LLC.


21. DISCLAIMER OF WARRANTY.  YOU, THE CLIENT, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. LBJ COMPUTERS LLC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY LBJ COMPUTERS LLC OR LBJ COMPUTERS LLC'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CLIENT SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. LBJ COMPUTERS LLC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. LBJ COMPUTERS LLC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. LBJ COMPUTERS LLC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR LBJ COMPUTERS LLC IN PARTICULAR.

22. LIMITATION OF LIABILITY.  THE SERVICES AND THE WORK PRODUCT OF LBJ COMPUTERS LLC ARE SOLD "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF LBJ COMPUTERS LLC, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES ("LBJ COMPUTERS LLC PARTIES"), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT'S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY CLIENT TO LBJ COMPUTERS LLC FOR SERVICES. IN NO EVENT SHALL LBJ COMPUTERS LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL, LOSS OF USE, BUSINESS INTERRUPTION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT LBJ COMPUTERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LBJ COMPUTERS LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. LBJ COMPUTERS LLCS ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CLIENT'S SERVICES AS SET FORTH HEREIN. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES OR MATERIALS MAY BE BROUGHT BY YOU, THE CLIENT, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, LBJ COMPUTERS LLCS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

23. INDEMNIFICATION.  You, the Client, agree to defend, indemnify and hold LBJ Computers LLC, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. LBJ Computers LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Client.


24. MISCELLANEOUS

1. Backups. For its own operational efficiencies and purposes, LBJ Computers LLC from time to time backs up data on its servers, but is under no obligation or duty to Client to do so under these Terms. Under no circumstance will LBJ Computers LLC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Client FILES AND/or data on any LBJ Computers LLC server.

2. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by LBJ Computers LLC may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, LBJ Computers LLC does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if LBJ Computers LLC becomes aware of any violation of these Terms, LBJ Computers LLC may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via LBJ Computers LLC, and/or removing non-complying information. In addition, LBJ Computers LLC may take any lawful action against a Client or a subscriber, patron, customer, invitee, visitor, or guest of such Client because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. LBJ Computers LLC reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Client. LBJ Computers LLC may disclose any information in its possession, including, without limitation, information about Clients, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect LBJ Computers LLC or others from harm, and/or to ensure the proper operation of the Services. LBJ Computers LLC has no obligation to notify any person, including the Client about whom information is sought, that LBJ Computers LLC has provided the information.

3. Accurate Account Information. Client must continually update and keep accurate and current Client's contact information with LBJ Computers LLC in order to avoid termination of Client's LBJ Computers LLC account(s).

4. Duty to Notify LBJ Computers LLC of Breach. If Client discovers anyone on the LBJ Computers LLC system violating any of these Terms or notices anything suspicious from the LBJ Computers LLC network, Client agrees to report the violation or suspicious activity to to LBJ Computers LLC for investigation. LBJ Computers LLC reserves the right to and will immediately terminate any account which LBJ Computers LLC concludes to be in violation of any of these Terms.

5. Reservation of Rights. LBJ Computers LLC reserves the right to refuse or to cancel service to any prospective Client or existing Client for any lawful reason at any time during Client's hosting term with LBJ Computers LLC.

6. Severability. These Terms are binding upon LBJ Computers LLC, all existing and prospective Clients, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.

7. Governing Law. These Terms shall be governed by the laws of the State of Wisconsin without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of LBJ Computers LLC, Client agrees that all disputes, if any, involving LBJ Computers LLC shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Wisconsin; provided, further, that all action brought against LBJ Computers LLC in State Court must be brought in Grant County, Wisconsin and, if in Federal Court, in Dane County, Wisconsin. Client hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving LBJ Computers LLC. Client hereby waives any and all objections that it has or might have, known or unknown, whether under Wisconsin's long arm statute or otherwise, to the existence of said in personam jurisdiction. Client agrees that it has no right to and shall not file or otherwise bring a lawsuit against LBJ Computers LLC outside the State of Wisconsin; and, that Client, if involved before a court in a lawsuit outside of the State of Wisconsin, shall be deemed to support and to stipulate to a motion made by LBJ Computers LLC to dismiss said lawsuit with respect to LBJ Computers LLC.

8. Waiver of Jury Trial. The parties hereto unconditionally waive their respective rights to a jury trial as to any dispute, cause of action, or claim arising out of or in connection with the Terms or Services of LBJ Computers LLC.


25. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)

1. Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time.

A. Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC.

B. Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC, regardless of where said individual is located.

C. Country-Code Top Level Domain Names for any Sanctioned Countries are hereby prohibited from use in connection with any service of LBJ Computers LLC.

2. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

A. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC.

3. Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time.

A. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of LBJ Computers LLC. IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO LBJ COMPUTERS LLC SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR LBJ COMPUTERS LLC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.

26. PRIVACY POLICY. LBJ Computers LLC is committed to protecting your personal information and respecting your privacy. We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law. We do reserve the right to disclose your information to industry professionals in order to fulfill the requirements of requested Services by you. We may send you an e-mail regarding any new features or other important information. We may use various methods to collect information including, cookies and/or IP addresses.

27. COOKIE POLICY
What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies
In some special cases we also use cookies provided by trusted third parties.The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

We hope that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However if you are still looking for more information then you can contact us through one of our preferred contact methods.

Email: info@lbjcomputers.com