Lowry Smart Portal Terms
These terms apply to the Lowry Smart Portal.
When we refer to “we,” “us,” or “our,” we mean Lowry Holding Company, Inc., a Delaware corporation that does business as Lowry Solutions, Inc., or the specific division, subsidiary, or affiliate that operates a portal, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the portal. If the person accessing the portal does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Agreement to be Bound.
Effect on Other Transactions or Relationship with Us.
The portal is for convenience only. No substantive transaction, or any change to any substantive transaction, will be entered into or authorized through the portal and you waive any right to assert that any such transaction is entered into or revised by any activity though this portal. Where you and we have entered into a contract or other agreement, that contract or other agreement remains in full force and effect, unmodified by any provision, information, or communication in or through this portal.
Timing and Other Information; No Discovery and No Use in Evidence.
Timing for delivery, response, or other performance stated through the portal is estimated only. No statement of any timing in the information available through the portal creates any representation, warranty, or obligation of Lowry.
No information available through the portal will itself be evidence of any breach, delay, or nonperformance of us and you hereby waive any right to discover, or use in evidence, in any proceeding of any kind any information obtained through, or presented or available through, the portal.
Copyrights and Other Intellectual Property.
As between you and us, this portal is ©2016 by us and we reserve all rights.
You agree not to interrupt or attempt to interrupt the operation of any portal in any way.
Disclaimer of Warranties.
THE PORTAL AND ALL MATERIALS AVAILABLE ON OR THROUGH IT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO INFRINGEMENT OR MISAPPROPRIATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these terms and conditions at any time. Changes in these terms will be effective when the revised terms and conditions are posted. Your use or continued use of any portal after any changes to these terms and conditions are posted will be considered acceptance of those changes. READ THESE TERMS EVERY TIME YOU ACCESS THE PORTAL TO MAKE SURE THAT YOU CONTINUE TO AGREE TO THESE TERMS.
Changes to the Portal.
We may terminate, change, suspend, or discontinue any aspect of the portal, including the availability of any features of the portal, at any time. We may also impose limits on certain features and services or restrict your access to parts of the portal or the entire portal without notice or liability. We may terminate the authorization, rights, and license given above and, upon such termination, you will immediately destroy all materials that you obtained from or through the portal and that are in your possession or control.
Partial Invalidity. If, for any reason, a part of these terms are unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and the remainder of these terms shall continue in full force and effect.
Responsibility for Username and Password
We may provide to you a username and a password to use in accessing the portal. Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your username and password are fully authorized by you. Except to the extent that your password or account are compromised by our gross negligence, you are entirely and absolutely responsible for all activity performed using your username and password.
(a) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE PORTAL OR ANY SERVICE RELATED THERETO; and
(b) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PORTAL OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED $1,000..
Choice of Law, Jurisdiction, and Venue.