Terms of Use

Last Updated: January, 2015

What are the terms of use for LL Waterfall Design?

Below you will find our Web Site Terms of Use for using the LL Waterfall Design site. You can also review our Privacy Policy, which provides information regarding our handling of any personal information that you may provide to us.

Web Site Terms of Use

These web site Terms of Use ("Terms of Use") apply to the web sites operated and controlled by LL Innovation, Inc. (either "we," "us", "LL Innovation," or "LL Watefall Design"), including www.customwaterfalldesign.com and www.llwaterfalldesign.com (the "Sites"). These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites.

YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THE SITES.

You understand and agree that the Sites are semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any other software offered by us. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.

1. Intellectual Property Ownership

The Sites contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics ("Content"). This Content is subject to copyrights owned by LL Innovation, Inc. and other individuals or entities and is protected by United States and international copyright laws.

Additionally, the names, trademarks, service marks, and logos of LL Waterfall Design belong exclusively to LL Innovation, Inc. and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of LL Innovation, Inc. or any third party.

2. Use of Fleet Advertising Media Content

You may use the Sites and the Content offered on the Sites only for INFORMATIONAL purposes. LL Innovation, Inc. authorizes you to view or download a single copy of the material on the Sites solely for informational use so long as you do not remove the copyright and other proprietary rights notices that were contained in the Content. You may not use the Sites to sell a product or service; however, you may use them to obtain information about potentially engaging in business with us. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Sites or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws.

If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

3. Contributor Disclosure

The views and opinions expressed within the LL Waterfall Design site belong purely to the authors. Any product, claim, statistic, quote or other representation about a product or service should be verified directly with the manufacturer, provider, or party in question.

4. Use of RSS and Comment Feeds

BY DOWNLOADING, USING, OR SUBSCRIBING TO AN RSS FEED OR COMMENT FEED ("FEEDS") FROM THE SITES, YOU AGREE THAT YOUR USE OF THE FEEDS WILL BE GOVERNED BY THESE TERMS OF USE. PLEASE REVIEW THIS SECTION BEFORE USING, DOWNLOADING, OR SUBSCRIBING TO A FEED.

LL Innovation, Inc. grants you a non-transferable, non-sublicensable, royalty free non-exclusive license to display on your web site or in your newsreader platform the headlines, active links, and other information or materials that you specifically select to receive via the Feeds. The Feeds are protected by U.S. and international copyright laws. All rights in and to these Feeds, including the content and technology, are reserved to LL Innovation, Inc.

The Feeds may be used only with those platforms and newsreaders from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on one of the Sites. You understand and agree that the Feeds that are provided may include footers to assure proper attribution for the content.

By using the Feeds, you agree not to:

  • Display the Feeds in a manner that does not permit successful linking to or direction to our Sites;
  • Insert any intermediate page or other content between the link displayed on your web site and the landing page for the content on our Sites;
  • Edit, modify, alter, or create derivative works of the text, content or links supplied by us;
  • Use any robot, spider, other device or manual process to monitor or copy any content from the Feeds;
  • Sell, retransmit, or commercially exploit the Feeds, headlines or content in any manner except as expressly permitted by us in writing;
  • Incorporate advertising into the Feeds as displayed on your site; or
  • Use the Feeds for any unlawful purpose or in violation of the rights of others.

By using the Feeds, you also agree not to use the Feeds on the following categories of web sites:

  • Sites that incite hatred whether based on race, religion, gender, sexuality, or otherwise;
  • Sites that promote, encourage or facilitate violence;
  • Sites that discriminate against any specific social group;
  • Sites that promote, facilitate, or encourage illegal activity; or
  • Sites which are misleading, pornographic, defamatory or that contain illegal or otherwise actionable content under applicable law.

We may restrict, suspend, or terminate the Feeds, the license granted above, or your access to the Feeds at any time for any reason including, without limitation, your violation of any provision of these Terms of Use without liability. You agree to destroy all copies of the Feeds (including removing all content supplied by the Feeds from any web site) upon receiving notice of termination from us.

5. Enforcement of these Terms of Use

In the event that any of the terms of these Terms of Use have been breached or any rule stated above violated, LL Innovation, Inc. reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public areas on the Sites.
  • Investigate an allegation that a communication does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the communication.
  • Remove communications that it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
  • Terminate a user’s access to any portions or pages of the Sites.
  • Monitor, edit, or disclose any communication made on or through the Sites.
  • Edit or delete any communication posted on the Sites, regardless of whether such communication violates these Terms of Use.

Fleet Advertising Media reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.

6. Disclaimer of Warranties

THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." LL INNOVATION, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. LL INNOVATION, INC. DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LL INNOVATION, INC. OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of LL Innovation, Inc., its partners, advertisers, and sponsors. Accordingly, LL Innovation, Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites. WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, FLEET ADVERTISING MEDIA DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL FLEET ADVERTISING MEDIA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.

7. Limitation of Liability

In no event shall LL Innovation, Inc., its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not LL Innovation, Inc. is advised of the possibility of such damages. LL Innovation, Inc. is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content, or public areas.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LL INNOVATION, INC. IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY LL INNOVATION, INC. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

8. Indemnification

By using the Sites you agree to indemnify and hold LL Innovation, Inc., its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites.

9. Passwords

Registration as a user or subscriber with the Sites may requires both a user name and a password, and certain portions of the Sites may require use of multiple one time or persistent passwords. You should consider your user names and passwords as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Sites and to your account. You must keep your user name and password confidential. You shall immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change a user name or password at any time and for any reason.

10. Privacy

We collect personal information on the Sites, which is subject to the terms of our privacy policy.

11. Children and Teens

The sites are not intended for use by persons under the age of 18. By submitting information to the Sites, you warrant that you are at least 18 years old or older.

12. Links to External Sites

The Sites may contain links to third party web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.

13. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement.

Please provide the following information: 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Sites;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

14. Choice of Law

These Terms of Use are governed by the laws of the State of California, USA, exclusive of its choice of law principles. ANY CLAIM, ACTION OR DISPUTE ARISING OUT OF OR RELATING TO THE SITES OR OTHERWISE BETWEEN YOU AND US SHALL BE SETTLED BY BINDING ARBITRATION IN SAN DIEGO, C.A., IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. NEITHER YOU NOR WE MAY CONSOLIDATE OR JOIN ANY CLAIM OR ACTION IN ARBITRATION WITH ANY OTHER CLAIM OR ACTION OR ACT AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR PRIVATE ATTORNEY GENERAL. JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION. THIS ARBITRATION PROVISION AND THESE TERMS OF USE ARE GOVERNED BY THE FEDERAL ARBITRATION ACT.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

15. Termination

We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use.

Effective Date: November, 2013
Last Updated: January, 2015