LOMA WEB SITE USER AGREEMENT
ATTENTION: THIS LEGALLY BINDING AGREEMENT BETWEEN YOU AND LOMA GOVERNS YOUR USE
OF THE LOMA WEB SITE. TO CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT
AND ACCEPT BEING BOUND BY ITS TERMS, PLEASE CLICK "I ACCEPT". SHOULD YOU NOT AGREE
WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, PLEASE CLICK THE "I DECLINE" BUTTON
TO TERMINATE YOUR ENTRY INTO THIS SITE.
In using LOMA's Web site, I understand and agree that all information published
by LOMA in the Web site, as well as the Web site itself, is the sole property of
LOMA, and that LOMA owns all the copyrights and intellectual property rights to
the Web site and information expressed therein. I agree not to reproduce, distribute,
or transmit any information from the Web site without the express written permission
of LOMA. Information or material contributed or posted to the Web site by third
parties is not owned by LOMA, nor does LOMA exercise any control, editorial or otherwise,
over such information or materials. I also understand that there are other Web sites
accessible via direct links from LOMA's Web site and that LOMA neither developed
nor controlled the materials and information contained in these linked Web sites.
I therefore agree to save and hold harmless and indemnify LOMA for and against any
and all liability for claims or damages arising from information posted or supplied
by any third party or user of the Web site, as well as any liability whatsoever
arising from my use of the Web site. I agree to use the LOMA Web site only for my
own lawful internal purposes, and I acknowledge and agree that the private portion
of LOMA's Web site contains confidential information and trade secrets of LOMA,
including my password, which may not be disclosed to any third party individual
or entity without the express written consent of LOMA. I shall be solely responsible
for any and all charges incurred for my use of the Web site, including any and all
sales, use, telecommunication, excise and related taxes imposed by any entity or
governmental authority now or in the future. I understand that LOMA may at any time
elect to modify the terms and conditions of this agreement by posting a modified
agreement on the LOMA Web site, which modifications shall become binding and controlling
when I click the "I ACCEPT" button after such modifications are posted.
NEITHER LOMA NOR ANY THIRD PARTY SUPPLIER OF INFORMATION CONTAINED IN THE WEB SITE
MAKES ANY EXPRESS OR IMPLIED WARRANTIES, AND LOMA AND ALL THIRD PARTY SUPPLIERS
OF INFORMATION CONTAINED IN THE WEB SITE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING
THE IMPLIED WARRANTY OF MERCHANTABILITY; THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE; ALL IMPLIED WARRANTIES CONCERNING INFORMATION CONTENT INCLUDING THE ACCURACY,
COMPILATION, AND RELIABILITY OF THE INFORMATION CONTAINED IN THE WEB SITE; THE IMPLIED
WARRANTY OF EFFORT TO ACHIEVE A PURPOSE; AND THE IMPLIED WARRANTY OF QUALITY OF
ANY AND ALL COMPUTER PROGRAMS USED TO RUN, OPERATE, OR ACCESS THE WEB SITE. NEITHER
LOMA NOR ANY THIRD PARTY SUPPLIER OF INFORMATION CONTAINED IN THE WEB SITES MAKES
ANY WARRANTY THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER LOMA
NOR ANY THIRD PARTY SUPPLIER OF INFORMATION CONTAINED IN THE WEB SITE MAKE ANY WARRANTIES
CONCERNING THE COMPATIBILITY OF THE WEB SITE OR ANY ELEMENT CONTAINED IN THE WEB
SITE WITH THE USER'S HARDWARE OR SOFTWARE.
LOMA AND ALL THIRD PARTY PROVIDERS OF INFORMATION ON THE WEB SITE SHALL NOT BE LIABLE
FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, AND SPECIAL DAMAGES ARISING
OUT OF THIS AGREEMENT, NOR SHALL LOMA OR ITS THIRD PARTY SUPPLIERS OF INFORMATION
CONTAINED IN THE WEB SITE BE LIABLE IN ANY WAY FOR USE OR INABILITY TO USE THE LOMA
WEB SITE.
It is mutually agreed that neither party to this agreement shall be liable for any
damage or delay caused by an Act of God, government regulation, power outages, war,
fire, flood, disaster, civil disorder, strike or labor disruption that is beyond
the control of either party to this agreement, and that makes it illegal or impossible
to perform this Agreement or any of its terms.
This Agreement is intended to bind only the parties to it and their corporate successors
and may not be assigned by either party without the express written consent of the
other. This Agreement constitutes the entire Agreement, and supersedes all prior
written or oral agreements or memoranda between the parties.
Both parties to this Agreement are independent contractors and neither party is
an agent, employee, joint venture participant with, or partner of the other.
This Agreement shall be governed by the laws of the State of Georgia. I consent
to personal jurisdiction and venue in the State of Georgia.
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I understand that by clicking the "I ACCEPT" button, I am assuming all risk and
responsibility for my use of the LOMA Web site and information therein. I furthermore
warrant that I have my employer's authority and permission both to use this Web
site and to agree to the terms and conditions expressed in this agreement.