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Terms of Use
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BY USING THE Lazy K WEB SITES, YOU AGREE TO THESE TERMS OF  USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE  Lazy K WEB SITES.

Welcome to the Lazy K Web site (the "Site"). Through the Site, you have access to a variety  of resources and content. These include: (a) software and software as a service offerings ("Software"); (b) Web pages, data, messages, text,  images, photographs, graphics, audio and video such as pod-casts and  Web casts, and documents such as press releases, white papers and company data sheets ("Materials"); and (c) forums, discussion groups, chat  areas, bulletin boards, blogs, wikis, e-mail functions, and other  services in connection with which you can upload, download, share,  email, post, publish, transmit or otherwise access or make available  Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are  collectively referred to as "Content." By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to  and use of the Site and the Content provided on or through the Site  ("Terms of Use") and our Privacy Policy. Shivsai, Inc., d/b/a Lazy K Motel and/or affiliated companies ("We" or "Lazy K") may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and  Privacy Policy will be effective when posted.

1. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site  or Content provided on or through the Site may have additional rules,  guidelines, license agreements, user agreements or other terms and  conditions that apply to your access or use of that area of the Site or  Content (including terms and conditions applicable to a corporation or  other organization and its users). If there is a conflict or  inconsistency between the Terms of Use and the rules, guidelines,  license agreement, user agreement or other terms and conditions for a  specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.

2. Use of Software
Your use of Software is  subject to all agreements such as a license agreement or user agreement  that accompanies or is included with the Software, ordering documents,  exhibits, and other terms and conditions that apply ("License Terms").  In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software,  you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial  purposes; (b) the Software may not be modified or altered in any way;  and (c) the Software may not be redistributed.

3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials  that Lazy K publishes or broadcasts on the Site or makes available for  download through the Site subject to the following: (a) the Materials  may be used solely for your personal, informational, noncommercial  purposes; (b) the Materials may not be modified or altered in any way;  and (c) the Materials may not be redistributed.

4. Use of Community Services
Community Services are  provided as a convenience to users and Lazy K is not obligated to  provide any technical support for, or participate in, Community  Services. While Community Services may include information regarding  Lazy K products and services, including information from Lazy K  employees, they are not an official customer support channel for Lazy K.

You may use Community Services subject to the following: (a) Community Services may be used  solely for your personal, informational, noncommercial purposes; (b)  Content provided on or through Community Services may not be  redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Lazy K.

5. Reservation of Rights
The Site and Content  provided on or through the Site are the intellectual property and  copyrighted works of Lazy K or a third party provider. All rights,  title and interest not expressly granted with respect to the Site and  Content provided on or through the Site are reserved. All Content is  provided on an "As Is" and "As Available" basis, and Lazy K reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.

6. Your Content
You agree that you will  only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and  authority to Share and for which you have the right and authority to  grant to Lazy K all of the licenses and rights set forth herein. By  Sharing Content, you grant Lazy K a worldwide, perpetual, royalty-free,  irrevocable, nonexclusive, fully sublicensable license to use,  reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed.  This includes, without limitation, the right to incorporate or implement the Content into any Lazy K product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in  any product or service distributed or offered by Lazy K without  compensation to you. You warrant that: (a) you have the right and  authority to grant this license; (b) Lazy K's exercise of the rights  granted pursuant to this license will not infringe or otherwise violate  any third party rights; and (c) all so-called moral rights in the  Content have been waived to the full extent allowed by law.

You agree that you  will not Share any Content that: (a) is binary executable code; (b) is  false or misleading; (c) is defamatory, derogatory, degrading or  harassing of another or constitutes a personal attack; (d) invades  another's privacy or includes another's confidential, sensitive or  personal information; (e) promotes bigotry, racism, hatred or harm  against any group or individual; (f) is obscene or not in good taste;  (g) violates or infringes or promotes the violation or infringement of  another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights  and licenses for; (i) violates or promotes the violation of any  applicable laws or regulations; (j) contains a solicitation of funds,  goods or services, or promotes or advertises goods or services; or (k)  contains any viruses, Trojan horses, or other components designed to  limit or harm the functionality of a computer.

Lazy K does not want  to receive confidential information from you through or in connection  with the Site. Notwithstanding anything that you may note or state in  connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Lazy K on a  non-confidential and unrestricted basis.

7. Security, Passwords and Means of Accessing the Site and Content
You agree not to access  or use the Site in any manner that could damage, disable, overburden, or impair any Lazy K accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any  Lazy K accounts, computer systems or networks. You agree not to  interfere or attempt to interfere with the proper working of the Site or any Lazy K accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site  or any Lazy K accounts, computer systems or networks without Lazy K's  express written permission.

Access to and use of  password protected or secure areas of the Site is restricted to  authorized users only. You agree not to share your password(s), account  information, or access to the Site. You are responsible for maintaining  the confidentiality of password(s) and account information, and you are  responsible for all activities that occur under your password(s) or  account(s) or as a result of your access to the Site. You agree to  notify Lazy K immediately of any unauthorized use of your password(s) or account(s).

8. No Unlawful or Prohibited Use
You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines  or terms of use posted for a specific area of the Site or Content  provided on or through the Site.

9. Indemnity
You agree to indemnify  and hold harmless Lazy K, its officers, directors, employees and agents  from and against any and all claims, liabilities, damages, losses or  expenses, including reasonable attorneys' fees and costs, due to or  arising out of Content that you Share, your violation of the Terms of  Use or any additional rules, guidelines or terms of use posted for a  specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights.

10. Monitoring
Lazy K has no obligation to monitor the Site or screen Content that is Shared on or through the  Site. However, Lazy K reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or  choose not to make available on or through the Site any Content at its  sole discretion.

11. Termination of Use
Lazy K may, in its sole  discretion, at any time discontinue providing or limit access to the  Site, any areas of the Site or Content provided on or through the Site.  You agree that Lazy K may, in its sole discretion, at any time,  terminate or limit your access to or use of the Site or any Content.  Lazy K will terminate or limit your access to or use of the Site if,  under appropriate circumstances, you are determined to be a repeat  infringer of third party copyright rights. You agree that Lazy K shall  not be liable to you or any third-party for any termination or  limitation of your access to or use of the Site or any Content.

12. Third Party Web Sites, Content, Products and Services
The Site provides links  to Web sites and access to Content, products and services of third  parties, including users, advertisers, affiliates and sponsors of the  Site. Lazy K is not responsible for third party Content provided on or  through the Site and you bear all risks associated with the access and  use of such Web sites and third party Content, products and services.

13. Disclaimer
EXCEPT WHERE EXPRESSLY  PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Lazy K  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT  WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE  SITE. Lazy K MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET  YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED,  TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE  OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH  THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR  EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS  USED AT YOUR OWN DISCRETION AND RISK. Lazy K SHALL HAVE NO  RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA  THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

Lazy K RESERVES THE  RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE  AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

14. Limitation of Liability
IN NO EVENT SHALL Lazy K BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR  CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR  USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN  CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR  ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

15. Exclusions and Limitations
SOME JURISDICTIONS DO  NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE  DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE  EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET  FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL  REMAIN IN FULL FORCE AND EFFECT.

16. Privacy Policy
Lazy K is concerned  about your privacy and has developed a policy to address privacy  concerns. For more information, please see Lazy K's Privacy Policy. Any personal information collected on this Site may be accessed and  stored globally and will be treated in accordance with Lazy K's Privacy Policy.

17. Note About Minors
Minors are not eligible  to use the Site, and we ask that they do not submit any information to  us.

18. Export Restrictions/Legal Compliance
You may not access,  download, use or export the Site, or the Content provided on or through  the Site, in violation of U.S... export laws or regulations, or in  violation of any other applicable laws or regulations. You agree to  comply with all export laws and restrictions and regulations of any  United States or foreign agency or authority, and not to directly or  indirectly provide or otherwise make available the services and products of Lazy K in violation of any such restrictions, laws or regulations,  or without all necessary approvals, including, without limitation, for  the development, design, manufacture or production of nuclear, chemical  or biological weapons of mass destruction and of missile technology. As  applicable, you shall obtain and bear all expenses relating to any  necessary licenses and/or exemptions with respect to your own use of the services of Lazy K outside the U.S.. Neither the services of Lazy K nor  the underlying information or technology may be downloaded or otherwise  provided or made available, either directly or indirectly, (a) into  Cuba, Iran, North Korea, Sudan, Syria or any other country subject to  U.S. trade sanctions, to individuals or entities controlled by such  countries, or to nationals or residents of such countries other than  nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury  Department's list of Specially Designated Nationals and Blocked Persons  or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and  warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

19. Applicable Laws
All matters relating to  your access to, and use of the Site and Content provided on or through  or uploaded to the Site shall be governed by U.S. federal law or the  laws of the State of Oklahoma. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in the Kay County District Court if a state claim or, United States District Court at Ponca City, Oklahoma, if a Federal claim. You and Lazy K agree to submit to the jurisdiction of the enumerated Oklahoma courts, and agree that venue is proper in these courts in any such legal action or proceeding, at law, equity, or both.

 

Date of First Publication of This Web Site: 11-07-2014

Date of First Publication of This and All Other Notices: 11-07-2014

 

 

 

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