LBS Systems, LLC
Terms  of Use

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE GeoScout Software application ("GeoScout") OFFERED BY LBS SYSTEMS, LLC ("LBS"). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.lbssystems.net (THE "SITE"). BY REGISTERING FOR AND/OR USING THE SITE OR GeoScout IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.  THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE OR GeoScout.  ALL USERS OF GeoScout MUST ALSO AGREE TO THE www.lbssystems.net  GOVERNING USE OF GeoScout.

LBS reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Terms of Use and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site.  If you do not agree to any amended terms, do not use this Site.

Privacy Policy
Please refer to LBS' Privacy Policy at  www.lbssystems.net for information on how LBS collects, uses, and discloses personally identifiable information from its users.  If any conflict exists between the Terms of Use and our Privacy Policy, the Terms of Use will prevail.

Ownership and Copyright
Except as otherwise indicated, GeoScout and the Site, and all text, images, marks, logos and other content contained therein, including, without limitation, the LBS logo and all designs, text, photos, graphics, pictures, information, data, code, software, music, sound files, other files, and materials, and the selection and arrangement thereof (collectively, the "Content") are the proprietary property of LBS or its licensors and are protected by U.S. and international copyright laws. GeoScout, the Site, and all Content are © 2010 LBS Systems, LLC, All Rights Reserved.

Trademarks
LBS, GeoScout, The Grid, the LBS logo, and all other product or service names or slogans displayed in GeoScout or on the Site are registered and/or common law trademarks of LBS and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LBS or the applicable trademark holder. In addition, the look and feel of GeoScout and the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of LBS and may not be copied, imitated or used, in whole or in part, without the prior written permission of LBS. All other trademarks, registered trademarks, product names and company names or logos mentioned in GeoScout and the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by LBS.

Registration
In using GeoScout or the Site, you may be required to register and create an account.  You must be at least 18 years old to establish and maintain an account.   As part of the registration process, you will select a user name and password. You are responsible for maintaining the confidentiality and security of your user name and password and you will be responsible for all uses of your user name and password, whether or not authorized by you. You must notify LBS of any known or suspected unauthorized use of your account, or known or suspected theft of your user name and password. All personal information you provide to LBS during the registration process, such as your name, mobile phone number and email address, will be collected, used and disclosed by LBS in accordance with its Privacy Policy at www.lbssystems.net.  You must keep all your information in your account accurate, current, and complete.

Use of GeoScout or the Site
By using GeoScout, you acknowledge and agree that we will gather, use, and disclose information regarding your location. GeoScout allows the friends you choose to see where you are using your real-time geographic location information that we collect from your mobile device. You control when and to whom your location is disclosed by managing the settings from within the GeoScout application.  LBS does not guarantee the accuracy of any location information displayed through GeoScout or the Service.  You should not rely upon or use GeoScout for any situations involving personal safety.
By using GeoScout or the Site, you expressly agree: 

  1. to accept and comply with the GeoScout End User License Agreement;
  2. not to use GeoScout or the Site to stalk, harass, abuse, defame, threaten or defraud other users, or collect, attempt to collect, or store personal information about other users without their consent;
  3. not use GeoScout or the Site for any illegal, objectionable, immoral, or repugnant purposes or to engage in any fraudulent activity;
  4. not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
  5. not to intentionally interfere with or damage operation of GeoScout or the Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.

Advertisements
GeoScout or the Site may display third-party advertisements. We are not responsible for the content of third-party advertisements, or the content associated with any third-party links or applications accessible via such advertisements. You are responsible to review any terms and conditions and policies associated with third-party content and links.

Limited License
Subject to the terms, conditions and restrictions set forth in these Terms of Use, LBS grants you a limited, non-exclusive, personal, non-sublicensable and revocable license to access and use the Site and to view, copy and print portions of the Content on the Site (the "License"). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content on the Site for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site, GeoScout, or the Content on the Site, or any portion thereof; (iii) any displays or printouts of Content on the Site must be marked "© 2010, LBS Systems, LLC and its licensor, All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in GeoScout or the Content on the Site; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site, GeoScout or the Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site, GeoScout, or any Content (other than for page caching), except as provided in these Terms of Use.  Except as expressly stated in these Terms of Use, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of LBS or any third party.

Copyright Complaints
If you believe that material posted on GeoScout or the Site infringes upon any copyright that you own or control, or that any link directs users to another website that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Director of Content
Full Address of Designated Agent to Whom Notification Should be Sent: Director of Content, LBS Systems, LLC, 8601 N. Black Canyon Highway, Suite 215, Phoenix, Arizona, 85021 USA
Telephone Number of Designated Agent:                 
Facsimile Number of Designated Agent                      
Email Address of Designated Agent: copyrightissues@lbssystems.net
Any notification must include the following information:

  1. Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed;
  2. Identification of the material that you claim is infringing and its location in GeoScout or on the Site;
  3. Your street or mailing address, telephone number and email address;
  4. A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner's behalf; and
  6. Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner's behalf.
    We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

Repeat Infringer Policy
In accordance with the United States Digital Millennium Copyright Act ("DMCA") and other applicable law, LBS has adopted a policy of terminating, in appropriate circumstances and at LBS' sole discretion, subscribers or account holders who are deemed to be repeat infringers. LBS may also at its sole discretion limit access to GeoScout or the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disputes Between Users
LBS is not responsible for your interactions with other users of GeoScout.  If you have a dispute with another user of GeoScout, you are solely responsible for its resolutions and actions that you take.  At its sole discretion, LBS may elect to become involved in the dispute if it reasonably believes its involvement is necessary to protect LBS, GeoScout, or the Site. 

Disclaimers
LBS LICENSES GeoScout AND PROVIDES THIS SITE TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  LBS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LBS DOES NOT REPRESENT OR WARRANT THAT GeoScout, THE SITE, OR THE CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF GeoScout, THE SITE, THE CONTENT, OR ANY PORTION THEREOF.  Under no circumstances will LBS be responsible for any loss or damage, including personal injury or death, resulting from use of, or from the conduct of any other users of, GeoScout, THE SITE, or THE CONTEnt.

Limitation of Liability
LBS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITITVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF GeoScout, THE SITE, OR THE SITE CONTENT EVEN IF LBS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF LBS ARISING OUT OF OR RELATING TO THE USE OF GeoScout, THE SITE, OR THE CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LBS FOR GeoScout OR ACCESS TO OR USE OF THE SITE OR THE CONTENT. 

Indemnification
LBS has no control over how you choose to use GeoScout, the Site, or the Content.  Accordingly, you will defend, indemnify, and hold harmless LBS, its officers, directors, employees and agents, from and against any and all liabilities, losses, claims, actions or demands, including reasonable legal fees, resulting from your use of GeoScout, the Site, or the Content and your violation of any terms of the End User License Agreement or these Terms of Use.

Applicable Law and Venue
You explicitly agree that all disputes, claims, or other matters arising from or relating to your use of GeoScout, the Site, or the Content will be governed by the laws of the State of Arizona, without regard to its conflicts of law principles. You agree that all claims you may have against LBS arising from or relating to GeoScout, the Site, or the Content will be heard and resolved in a court of competent subject matter jurisdiction located in Maricopa County, Arizona.  You consent to the personal jurisdiction and venue of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. 

Notices
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices at the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Miscellaneous
If any provision of these Terms of Use will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of User and will not affect the validity and enforceability of any remaining provisions.  LBS reserves the right to discontinue any aspect of GeoScout or the Site at any time and change any fees, without notice or liability.  LBS may also impose limits on certain features of GeoScout or limit and restrict access to parts or all of the Site at any time without notice or liability. 

Questions and Comments
If you have any questions regarding these Terms of Use, GeoScout or your use of the Site, please submit them to us by emailing us at: support@lbssystems.net. If you have technical problems with the use of the Site, please email us at: webmaster@lbssystems.net.

Last Updated:  September 16, 2010

LBS Systems, LLC
8601 N Black Canyon  Highway, Suite 215
Phoenix, AZ 85021 

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