Terms of Use

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TERMS OF USE AGREEMENT

This site is owned or managed by The Lamont & Tonelli Company.

The Lamont and Tonelli Company provides this Lamont and Tonelli Company Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Lamont and Tonelli Company Website. Your use of this Lamont and Tonelli Company Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Lamont and Tonelli Company Website. This Agreement sets forth Lamont and Tonelli Company’s policies with respect to its operation of the Lamont and Tonelli Company Websites. Other policies govern Lamont and Tonelli Company’s non-Internet operations.

Certain products or services offered by this and/or other Lamont and Tonelli Company Websites (each a “Lamont and Tonelli Company Internet Service,” and collectively “Lamont and Tonelli Company Internet Services”), and certain areas within this and/or other Lamont and Tonelli Company Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Lamont and Tonelli Company Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY Lamont and Tonelli Company WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY Lamont and Tonelli Company WEBSITE MAY BE TERMINATED IMMEDIATELY IN Lamont and Tonelli Company’s SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this Lamont and Tonelli Company website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Lamont and Tonelli Company Website content.

Changes to this Agreement
This Agreement is effective as of March 25, 2009. Lamont and Tonelli Company reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Lamont and Tonelli Company will provide notice of such change on this Lamont and Tonelli Company Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Lamont and Tonelli Company Website and/or Lamont and Tonelli Company Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Lamont and Tonelli Company Website and/or the Lamont and Tonelli Company Internet Service to which the changes may apply.

Privacy and Protection of Personal Information
Lamont and Tonelli Company has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.

Accounts, Security, Passwords
If a particular Lamont and Tonelli Company Website or Lamont and Tonelli Company Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lamont and Tonelli Company immediately of any unauthorized use of your account. Lamont and Tonelli Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Lamont and Tonelli Company Internet Service.

Fees
Except where otherwise provided, access to and use of this Lamont and Tonelli Company Website and the Lamont and Tonelli Company Internet Services offered through this site are currently available without charge. Lamont and Tonelli Company reserves the right to charge a fee for access to or use of this Lamont and Tonelli Company Website, or any Lamont and Tonelli Company Internet Service available on this Lamont and Tonelli Company Website at any time in the future. Your access to or use of this Lamont and Tonelli Company Website before such time does not entitle you to use of this Lamont and Tonelli Company Website without charge in the future.


Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS Lamont and Tonelli Company WEBSITE AND/OR Lamont and Tonelli Company INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS Lamont and Tonelli Company WEBSITE OR Lamont and Tonelli Company INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. Lamont and Tonelli Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Lamont and Tonelli Company DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Lamont and Tonelli Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS Lamont and Tonelli Company WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Lamont and Tonelli Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS Lamont and Tonelli Company WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

Lamont and Tonelli Company IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR Lamont and Tonelli Company INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links
This Lamont and Tonelli Company Website may contain links to websites operated by third parties. Lamont and Tonelli Company does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Lamont and Tonelli Company's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with a Lamont and Tonelli Company Internet Service ("Software"), including podcasts, audio streaming, or video streaming, is owned or controlled by Lamont and Tonelli Company and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Lamont and Tonelli Company accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants
This Lamont and Tonelli Company Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Lamont and Tonelli Company. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Lamont and Tonelli Company does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Lamont and Tonelli Company will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Lamont and Tonelli Company Internet Service.

Modification/Termination by Lamont and Tonelli Company
Lamont and Tonelli Company reserves the right, in its sole discretion, to modify, suspend, or terminate this Lamont and Tonelli Company Website and/or any portion thereof, including any Lamont and Tonelli Company Internet Service, and/or your account, password, or use of any Lamont and Tonelli Company Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Lamont and Tonelli Company Internet Service removes your authorization to use the Lamont and Tonelli Company Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Lamont and Tonelli Company shall not be liable to you or any third-party for any termination of your access to a Lamont and Tonelli Company Internet Service.

Interactive Services
This Lamont and Tonelli Company Website may offer certain Lamont and Tonelli Company Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "Lamont and Tonelli Company Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.

Subscription Services
This Lamont and Tonelli Company Website may offer certain Lamont and Tonelli Company Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "Lamont and Tonelli Company Subscription Services"). By registering for a Lamont and Tonelli Company Subscription Service, you will be subject to any charges and rules set forth in the description of that service

Premium Services
Some Lamont and Tonelli Company Internet Services on this Lamont and Tonelli Company Website, including certain Lamont and Tonelli Company Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“Lamont and Tonelli Company Premium Service”). By using the Lamont and Tonelli Company Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.

Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this Lamont and Tonelli Company Website, refer to this site's contest or sweepstakes information.

Limitations on Liability
In no event shall Lamont and Tonelli Company, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Lamont and Tonelli Company Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Lamont and Tonelli Company Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Lamont and Tonelli Company Website or any information, software, products, services, and related graphics obtained through the Lamont and Tonelli Company Website; (vi) any transactions entered into through this Lamont and Tonelli Company Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Lamont and Tonelli Company Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Lamont and Tonelli Company Website and Lamont and Tonelli Company Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Lamont and Tonelli Company has been advised of the possibility of damages.

Indemnification
You agree to indemnify, defend, and hold harmless Lamont and Tonelli Company, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Lamont and Tonelli Company Website and any related Lamont and Tonelli Company Internet Service and/or software. Lamont and Tonelli Company reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Lamont and Tonelli Company in asserting any available defenses.

International Use/U.S. Export Controls
Accessing materials on this Lamont and Tonelli Company Website by certain persons in certain countries may not be lawful, and Lamont and Tonelli Company makes no representation that materials on this Lamont and Tonelli Company Website are appropriate or available for use in locations outside the United States. If you choose to access this Lamont and Tonelli Company Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Lamont and Tonelli Company Website. No software or any other materials associated with this Lamont and Tonelli Company Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Lamont and Tonelli Company Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

 

PRIVACY STATEMENT

This statement informs you of Lamont and Tonelli Company's practices with respect to the online collection, use, and disclosure of personal information from this Lamont and Tonelli Company Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.

Lamont and Tonelli Company is the owner of this website and retains all ownership rights to the information collected at this site. Lamont and Tonelli Company reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.

Personalization
Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.

We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about Lamont and Tonelli Company and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the Lamont and Tonelli Company family in order to enhance your experiences with Lamont and Tonelli Company.

In addition, we may share this information with advertisers or other third parties that are not part of the Lamont and Tonelli Company family on an aggregate or other basis that does not disclose your identity or contact information.

Online Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.

Supplemental Information
To enhance Lamont and Tonelli Company's ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party unless specifically disclosed at the time of registration or submission of information.

Shopping/Commercial Services
This Lamont and Tonelli Company site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).

We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.

We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.

Public Forums
This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by Lamont and Tonelli Company to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as TicketMaster. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.

Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the Lamont and Tonelli Company family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the Lamont and Tonelli Company family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.

With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.

Finally, we may share any of the information collected from you with these other non-Lamont and Tonelli Company companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.

IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.

Cookies
This Lamont and Tonelli Company site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer's browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don't see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don't have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.

In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.

Finally, we may also use an ad network provider to help present advertisements on this and other Lamont and Tonelli Company Web sites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours. If you do not want the benefits of these advertising cookies, you may opt-out by using software available on the Internet. However, if you do so you may not receive the full benefit from the use of our site.

Banner Advertising
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.

Children’s Personal Information

Consistent with the Children’s Online Privacy Protection Act:

  • This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
  • In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
  • In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.

Your Choices
This Lamont and Tonelli Company site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you may:

• Modify your registered user information on our website; or
• Send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .
(Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general, to answer concerns regarding on-air programming, promotions or other non-web related issues.)

Access to Personal Information
Lamont and Tonelli Company gives you the opportunity to modify or remove personal information that you have provided to us. Email This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .

Security of Your Personal Information
Lamont and Tonelli Company employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users' personal information to only those employees who need the information to perform a specific job.

Sale or Merger
If this site is sold to, or merges with, another company not owned by Lamont and Tonelli Company, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, Lamont and Tonelli Company will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

Legal Process
You should be aware that Lamont and Tonelli Company may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.

Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.

Leased Content
No third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. No third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.

General Information
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Lamont and Tonelli Company brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Lamont and Tonelli Company Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in California. You agree to submit to the personal jurisdiction of the courts of the State of California for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Lamont and Tonelli Company with respect to the use of this Lamont and Tonelli Company Website and shall not be modified except in writing, signed by an authorized representative of Lamont and Tonelli Company.

If you have any questions concerning this Agreement, you may send them by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . You must send any official correspondence via postal mail to:

Legal Issues
ATTN: Broadcast Websites Terms of Use
The Lamont & Tonelli Company
5655 Silver Creek Valley Rd
#243
San Jose, CA 95138

European Union and Other Foreign Nations
This Lamont and Tonelli Company website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Lamont and Tonelli Company makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.

 

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property
The Lamont and Tonelli Company Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Lamont and Tonelli Company logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Lamont and Tonelli Company or by other parties that have provided rights thereto to Lamont and Tonelli Company .

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Lamont and Tonelli Company Website, in whole or in part, without the express written permission of Lamont and Tonelli Company .

Other trademarks, service marks, product names and company names or logos appearing on this Lamont and Tonelli Company Website that are not owned by Lamont and Tonelli Company may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Lamont and Tonelli Company Website, or frame this Lamont and Tonelli Company Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Lamont and Tonelli Company Website in an email for commercial purposes, without the express written permission of Lamont and Tonelli Company.

You may inquire about obtaining permission by writing:

The Lamont & Tonelli Company
5655 Silver Creek Valley Rd
#243
San Jose, CA 95138 

By Email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

 

Copyright Infringement
Lamont and Tonelli Company respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Lamont and Tonelli Company Website, you are granting permission to have this material posted on this Lamont and Tonelli Company Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Lamont and Tonelli Company reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Lamont and Tonelli Company may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.

Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

The Lamont & Tonelli Company
DMCA Designated Agent
5655 Silver Creek Valley Rd
#243
San Jose, CA 95138 
c/o Legal Department

By Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lamont and Tonelli Company to locate the material.

(iv) Information reasonably sufficient to permit Lamont and Tonelli Company to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

INTERACTIVE SERVICE ADDITIONAL TERMS

You may participate in the Lamont and Tonelli Company Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form where one is provided. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the Lamont and Tonelli Company Interactive Service.

You agree that you will not:

  • Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
  • Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Lamont and Tonelli Website, or any postings which advocate illegal activity.
  • Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
  • Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Deliver, or provide links to, any postings containing defamatory, false or libelous material.
  • Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  • Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
  • Use this Lamont and Tonelli service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Lamont and Tonelli Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or Lamont and Tonelli’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
  • Attempt to gain unauthorized access to this Lamont and Tonelli Website, any related website, other accounts, computer system, or networks connected to this Lamont and Tonelli Website, through hacking, password mining, or any other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Lamont and Tonelli Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to the Lamont and Tonelli Company Website using your account. Any violation of these provisions can subject your Lamont and Tonelli Company account to immediate termination and, possibly, further legal action.

Lamont and Tonelli Company does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Lamont and Tonelli Company interactive website by you or other users. Lamont and Tonelli Company is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Lamont and Tonelli Company reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Lamont and Tonelli Company is not responsible or liable for damages of any kind arising from any postings even when Lamont and Tonelli Company is advised of the possibility of such damages, or from Lamont and Tonelli Company's alteration or deletion of any posting.

The information and opinions expressed in postings on this Lamont and Tonelli Company Website are not necessarily those of Lamont and Tonelli Company or its content providers, advertisers, sponsors, affiliated or related entities, and Lamont and Tonelli Company makes no representations or warranties regarding that information or those opinions. Lamont and Tonelli Company does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to the Lamont and Tonelli Company Website automatically and immediately become the property of Lamont and Tonelli Company without any obligation of confidentiality. Lamont and Tonelli Company shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Lamont and Tonelli Company does not retain exclusive ownership of any posting, then you hereby expressly grant to Lamont and Tonelli Company a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.


PREMIUM SERVICE ADDITIONAL TERMS

You may register for a Lamont and Tonelli Company Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the Lamont and Tonelli Company Premium Service.

Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

Charges for Premium Service
Lamont and Tonelli Company will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.

Limited to Personal and Non-Commercial Use
This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:

Legal Department
The Lamont & Tonelli Company
5655 Silver Creek Valley Rd
#243
San Jose, CA 95138

By Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Cancellation
You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.

We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.

Modification of these Terms of Use
Lamont and Tonelli Company may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.

Submissions
Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by us.

Service Contact
You may email your requests for customer service through the contact information provided on the home page of this premium service.

Effective: March 27, 2009 9:57:00 AM EDT.

Last Updated on Tuesday, April 21 2009 08:35

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