Lexington Solutions, LLC operates the website at http://lexington-solutions.com (the “Website” or “Site”). To assist you in using Website and to ensure a clear understanding of the relationship arising from your use of the Website, we have created (i) these Terms of Use (the “Terms of Use” or “Terms”) and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, “you”), including casual visitors. The terms “Lexington Solutions,” “we,” and “us” refer to Lexington Solutions, LLC.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

1. Your Agreement. These Terms govern: (i) your use of the Website; (ii) your provision of information in connection with using the Website (collectively, the “User Content “); and (iii) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Lexington Solutions or its licensors and made available to you through the Website (collectively, the “Lexington Solutions Content”). Please read these Terms carefully because they impose legal obligations on you and on Lexington Solutions, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

2. Your Consent to Our Privacy Practices. Our Privacy Policy explains how we treat information that you provide to us through the Site. By accessing our Website, you consent to our privacy practices.

3. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Lexington Solutions Content, are the property of Lexington Solutions and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Lexington Solutions and its licensors retain all rights with respect to the Website and the Lexington Solutions Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Lexington Solutions.

4. Grant of Rights.

4.1. Grant of Rights to Lexington Solutions in User Content. By submitting User Content when interacting with the Website, uploading files, or otherwise (if such features are available to you), you grant Lexington Solutions a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing services to you. No compensation will be paid with respect to Lexington Solutions’ use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 4.1 (Grant of Rights to Lexington Solutions in User Content).

4.2. Grant of Rights to You in Lexington Solutions Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Lexington Solutions Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Lexington Solutions Content; (ii) modify or make derivative works based upon the Website or Lexington Solutions content; or (iii) reverse engineer, reverse compile, or access the Website or the Lexington Solutions Content in order to build a competitive product or service. You may access and view the Website and the Lexington Solutions Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or the Lexington Solutions Content.

5. Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:

  • Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
  • Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
  • Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
  • Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computerprogramming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
  • Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
  • Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email.
  • Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
  • Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
  • Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

6. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE AT ISSUE.

Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Lexington Solutions reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

7. Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 20 (Contact Us).

8. Links to Third-Party Sites. The Website may contain links that reference links to third party websites (collectively “Linked Sites”). Lexington Solutions has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites. Lexington Solutions does not endorse the content of any Linked Site, nor does Lexington Solutions warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to link to another site, you agree and understand that such use is at your own risk. For example, if you submit Personal Information to a Linked Site, then the Personal Information that you submit shall be governed by the Linked Site’s privacy policy and terms of use, and not by Lexington Solutions’ Privacy Policy and Terms of Use.

9. User Conduct; User Disputes. Lexington Solutions is not responsible or liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline. We have no obligation to become involved in disputes between site visitors. If you have a dispute with one or more site visitors, you release Lexington Solutions (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10. Warranty Disclaimer. LEXINGTON SOLUTIONS DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

COMPANY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

11. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL LEXINGTON SOLUTIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND CONTENT.

12. Indemnity. You agree to defend, indemnify, and hold Lexington Solutions and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.

13. Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.

14. Assignment. These Terms shall not be assignable by you, either in whole or in part. Lexington Solutions reserves the right to assign its rights and obligations under these Terms.

15. General. These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Lexington Solutions’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Lexington Solutions and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

16. Additional Terms. Certain portions of the Website or services offered through it may be subject to additional or different terms and conditions. We will notify you if the service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such service or Site if you do not agree with the differing terms and conditions.

17. Survival. In addition to any provision that by its nature or intent is intended to survive the termination of these Terms, the following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 10 (Warranty Disclaimer); (iii) Section 11 (Limitation of Liability); (iv) Section 12 (Indemnity); (v) Section 15 (Assignment); (vi) Section 16 (General); and (vii) Section 18 (Survival).

18. Relationship to Privacy Policy and Other Contracts. These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you
enter with us, the terms and conditions of such specific agreement will control.

19. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the form available on our website, or at: info@lexington-solutions.com

20. Effective Date: The effective date of these Terms of Use is October 1, 2018.

21. COPYRIGHT AND LEGAL NOTICE. Copyright © 2018 Lexington Solutions, LLC. All Rights Reserved.