Last Updated: 05-12-05
These Terms of Use (the "Terms of Use") govern your use of this website and any services that are offered here and constitute a legal agreement between you and LOAD, LTD ("LOAD"). By using this site or the services provided herein, you agree to be, and are, bound by these Terms of Use. These Terms of Use may be updated by LOAD from time to time, so please check back frequently. You acknowledge and agree that your continued use of LOAD's website or services after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and LOAD, please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided herein.
The trademarks, logos, icons, and service marks displayed on LOAD's website (collectively, the "Marks") belong to LOAD and others. LOAD and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent.
Unless expressly stated on the LOAD website, you should assume that all content, images, and materials appearing on this website (collectively, the "Content") are the sole property of LOAD. Such Content is protected by both U.S. and international copyright laws and treaties. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, technical information, or products or services that are part of LOAD Services except as expressly provided in these Terms of Use. You may not link to any page within our website (other than the home page, www.load.com) or frame any portion of the site without LOAD's prior written consent.
LOAD reserves the right, in its sole discretion, to terminate your access to LOAD Services or any portion thereof at any time, without notice.
Client shall not use, nor shall it knowingly or recklessly permit others to use, the Services: (a) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (b) to send any virus, worm, trojan horse or harmful code or attachment; (c) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (d) so as to materially interfere with or disrupt LOAD's network or third party networks connected to LOAD's network; (e) in a manner which, in LOAD's opinion, is inconsistent with the generally accepted rules of Internet etiquette and conduct. CLIENT agrees that LOAD shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of e-mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
LOAD may also terminate or suspend your access to LOAD Services for non-payment or inactivity, which is defined as failing to have active service(s) associated with your LOAD account for an extended period of time, as determined by LOAD. Upon termination of your LOAD account, your right to use LOAD Services immediately ceases.
LOAD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH LOAD SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LOAD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUIET ENJOYMENT.
IN NO EVENT SHALL LOAD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF LOAD SERVICES, WITH THE DELAY OR INABILITY TO USE LOAD SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH LOAD SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF LOAD SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LOAD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF LOAD'S WEBSITES AND SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF LOAD SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LOAD SERVICES.
Load's website may contain links to other Internet websites or resources. You acknowledge and agree that LOAD is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that LOAD endorses any of the linked sites. You use the links at your own risk.
You agree that any information you provide in response to LOAD's registration and other forms will be true, accurate, current, and complete. In particular, you agree not to misrepresent your identity to LOAD. By submitting any information to LOAD, you grant LOAD the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is set forth in the
Agreements & Policies section of our site.
If you become a registered user of Load's site or services, you will receive a password for accessing your account information. You are responsible for maintaining the confidentiality of your password(s) and account login(s), and are fully responsible for all activities that occur using your password or LOAD account. Please notify LOAD immediately of any unauthorized use of your password or account or any other breach of security. LOAD will not be liable for any loss that you may incur as a result of any third party's use of your password(s) or LOAD account, either with or without your knowledge. You may not use anyone else's password at any time.
As a condition of your use of LOAD Services, you agree that you will not use LOAD Services for any purpose that is unlawful or contrary to these Terms of Use. You also may not use LOAD Services in any manner that could damage, disable, overburden, or impair LOAD Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any LOAD account, computer systems or networks associated with LOAD Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through LOAD Services.
LOAD wants your voluntary feedback and suggestions regarding LOAD Services so that we can continually improve the services for you and other clients. When you submit feedback and suggestions, please understand that LOAD needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to LOAD concerning LOAD Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting LOAD and its affiliated companies permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to LOAD's use of the materials contained within such feedback or suggestions. LOAD is under no obligation to post or use any materials you may provide and may remove such materials at any time at LOAD's sole discretion.
This section is not applicable to any personally identifiable information that you provide in connection with your registration for LOAD Services. For terms and conditions please refer to LOAD's
Privacy Policy.
All contents of the LOAD Web Site are: Copyright © 1999-2005 by LOAD, LTD and/or its suppliers, c/o LOAD, LTD, 6325 McLeod Drive, Suite 8, Las Vegas, Nevada 89120-4436 U.S.A. All rights reserved.
"LOAD" is a registered service mark of LOAD, LTD. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
LOAD may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in LOAD Services, including the Web pages that are part of LOAD Services. Except as expressly provided in these Terms of Use, the provision of LOAD Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
You agree to defend, indemnify, and hold harmless LOAD, its officers, directors, employees, agents, and partners from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the LOAD website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.
No modification to these Terms of Use will be effective unless: (a) posted by LOAD in the
Agreements & Policies section of LOAD's website; or (b) expressly agreed to in writing on LOAD's letterhead and signed by an executive vice president or higher-level officer of LOAD. Any modification posted on this site will become effective immediately, and your continued use of LOAD's websites or the services it offers will signify your acceptance of such modified terms.
These terms will be governed by and construed solely in accordance with the laws of the United States and the State of Nevada, excluding that body of law governing conflict of laws. Both you and LOAD agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of LOAD's website or services will be brought exclusively in a federal or state court in Nevada, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or LOAD's rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the LOAD website, these Terms of Use set forth the entire understanding and agreement between you and LOAD regarding the subject matter hereof.
This website is owned and operated by LOAD, LTD., located in Las Vegas, Nevada. Any questions relating to this website or these Terms of Use may be directed to
info@load.com. Thank you for using the LOAD website.