Terms and Conditions of Service

Last Modified: 21 november 2015

1. Introduction

Thank you for visiting LGXengineering. Please read carefully these Terms and Conditions of Service and our Privacy Policy as you must agree to both documents in order to have permission to use our Service.
The User accepts these Terms by giving express consent, where requested, and is therefore advised to read carefully and save or print a copy of these documents for future reference.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

  • “Agreement” refers to these Terms and Conditions of Service;
  • “LGXengineering” refers to our company, known as “LGXengineering.Com”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
  • “Site” refers to our website, www.lgxengineering.com;
  • “Service” refers to the services that we provide, including our Software Products and our Professional or Consulting services.
  • “Software” refers to the Software Products that we provide
  • “Licensor” refers to LGXengineering, the owner of his Software Products.
  • “User” refers to anyone who uses our Service, including general visitors to our Site;
  • “You” or “Customer” refers to you, the person who is entering into this Agreement with LGXengineering.

3. Duration

The duration of this agreement is stated at the moment of payment of the amount due and confirmed in the Activation Email sent by LGXengineering.

4. What LGXengineering Offers

LGXengineering is an online Software and Consulting Company.
“Lofter” and “Hydrostab” are products designed, developed, maintained, owned and licensed by LGXengineering.
LGXengineering sells his Service mainly on his Site, where controls the transaction, pricing, support policy and manages the license for each purchase.
LGXengineering offers support only to verified buyers of his Service.
Our Support Team manages our support services and interact with Users at info@lgxengineering.com.

A SINGLE LICENSE AGREEMENT OR A SINGLE SERVICE AGREEMENT GRANTS TO THE CUSTOMER THE NON TRANSFERABLE RIGHT TO USE ONE COPY OF THE SOFTWARE AND ALLOWS ITS PERSONAL USE ONLY ON ONE PC FOR A PERIOD OF FIVE YEARS.

One license is valid only for one PC; at expiration this License must be renewed to continue using the Software.

5. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

  • You must not be in violation of any embargoes, export controls, or other laws of Italy or other countries or having jurisdiction over this Agreement, LGXengineering, and yourself.
  • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
  • You must, if signing up on behalf of an organization, be authorized by that organization to bind it to this Agreement and you agree that you and the organization will be jointly and severally liable for any breaches hereof.
  • You must provide us with personal information and other information that we deem necessary to provide you with our Service.

6. Disclaimer of warranty

LGXengineering provides his Software “as is”, without warranty of any kind. Any use by the Customer is at his own risk.
LGXengineering makes no representations, warranties, or endorsements about the content displayed using such Software. You acknowledge that, unless otherwise stated, LGXengineering does not endorse the content displayed using such Software and you agree to release us from any liability arising from or relating to the acts or omissions of any of our Users whether in relation to their use of our Software or otherwise.
Digital products may include bugs and errors. LGXengineering does not warrant that his Software is error free and reserves the right to provide free maintenance releases without obligation to notify changes to the Customers.

7. Rules of Use

You must not:

  • Violate the laws of Italy, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of LGXengineering.
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the LGXengineering Site, Service, or its Users’ computers.
  • Do anything else which could bring LGXengineering into disrepute or violate the rights of any person.

8. Our Trademarks & Copyright

“LGXengineering” is a trademark used by LGXengineering.Com to uniquely identify his Site, Service, and business.
You agree not to use this phrase anywhere without our prior written consent.
You agree not to copy, translate, distribute, display, manipulate, disseminate, or otherwise reproduce any of the information on our Site without our prior written permission.
You agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent.

“Lofter” and “Hydrostab” are trademarks used by LGXengineering to uniquely identify his Software Products.
You agree not to use these phrases anywhere without our prior written consent.
You agree not to copy, translate, distribute, display, manipulate, disseminate, or otherwise reproduce any of the information on our Software or his User Manuals or other Software documentations without our prior written permission.
You agree not to copy the look, the feel, the content, the source code or the design of our Software, without our prior written consent. No part of our Software can be used to prepare derivative works.
Copying of our Software to other media is allowed solely for back-up or disaster recovery purposes.

You agree that the trademarks “LGXenginnering”, “Lofter”, “Hydrostab” together with all trademarks, visual or otherwise, and all other signs, trade names, service brands, brand names, company names, illustrations and logos that appear are, and remain the exclusive property of the LGXengineering, and are protected by the laws regulating brand names and by the relevant international treaties. These rights are reserved to LGXenginnering.
You agree that this paragraph goes beyond the governing laws on intellectual property laws and the relevant international treaties, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business. These rights are reserved to LGXengineering.

9. Your Copyright

LGXengineering must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

10. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

11. Copyright & Trademark Infringement

We take copyright infringement very seriously. If you believe that your copyright has been infringed, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.You must sign this notification electronically and send it to our Copyright Agent at info@lgxengineering.com.
  • We recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

12. Defamation

Articles 372 and 373 of U.S. Federal Law No. 3 of 1987 prohibit defamation. We prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at info@lgxengineering.com if any of our Users have posted anything that you believe is defamatory.

13. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT OUR AVERALL LIABILITY TO YOU SHALL IN NO CASE BE GREATER THAN THE 100% OF THE COST OF THE SERVICE PROVIDED BY US.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF YOUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE OR OUR SERVICE WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.

You agree that, apart from the above conditions, we are not liable for incidental, direct, indirect or conseguential damage, be it contractual, extra-contractual (including, for example, culpable behaviour) for matters concerning our Service regarding: financial damage (including, for example, any actual damage, loss of data, informations, business, contracts, business profit, or forecasted savings), or loss of goodwill or reputation, or consequential or indirect damage by the User in relation to matters concerning our Service.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

14. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Software, of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

15. Governing Law

This Agreement shall be governed by the laws in force in Italy. The offer and acceptance of this contract are deemed to have occurred in Italy.

16. Place of Jurisdiction

You agree that any dispute arising from or relating to this Agreement will be heard solely in Italy, at the Court of Trieste. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of Trieste (hereafter “Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

17. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

18. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, LGXengineering shall have the sole right to elect which provision remains in force.

19. Non-Waiver

LGXengineering reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

20. Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

21. Assignment of Rights

This Service Agreement does not assign or transfer any ownership in the Software, his Documentation, his trademarks or other Licensor proprietary property rights.
You may not assign or transfer your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

22. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our Service.
No distributor, or agent, is authorized to make any modification, extension, or addition to this Service Agreement.

23. California Users and Residents

LGXengineering permits Users in the State of California to use its Service. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about LGXengineering must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to info@lgxengineering.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Independence of clauses

Each clause of these Terms shall be interpreted separately and independently of the others. If a clause is deemed invalid, void or in any case without efficacy, it shall be considered independent of the others and shall not compromise the validity or the effect of the other clauses in these Terms.

25. Communications and Written Information

You agree that communications with LGXengineering are mainly in electronic format. We will contact the User via e-mail or will publish information in the form of notices on the Website.
You aware that, for the purposes of this Service Agreement, all agreements, notices, information and other communications that Lgxenginnering provides in electronic format satisfy the legal requirement for written communication. This clause does not infringe the statutory rights of the User.

All communication addressed to Lgxenginnering must be sent to info@lgxengineering.com