LiTaL – journey back

This website, located at www.litaljourneyback.com (the "Website"), is owned and operated by LiTaL, LLC ("Owner"), and is accessible worldwide to anyone with Internet access.

Access to and use of the Website are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. By use of this Website, you agree that we may limit or terminate the registration of any user who violates these Terms and Conditions, and reserve the right to take other action as necessary to preserve and protect our own rights.

BY ACCESSING THE WEBSITE, PURCHASING PRODUCTS AND/OR USING OUR SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.

This Agreement is governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You agree to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar content. You may print these Terms and Conditions for your personal records.

Access to the Website. To access the Website, You may be asked to provide certain information. It is a condition of your use of the Website that all information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to terminate access to the Website or any of its resources, and to terminate or suspend your access at any time.

Property of Owners. All information, including, without limitation, text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, service marks, and all HTML, CGI and other codes and scripts in any format (all collectively "Content") available in the Website or used to implement the Website are the property of Owners, or of Owners' licensors and/or strategic partners, or of the sellers/licensors whose intellectual property rights are made available through the Website ("Sellers"). You may not copy, modify, upload, download, decompile, disassemble, transmit, republish, or otherwise distribute any Content from the Website, either directly or by use of a robot, spider, or other similar manual or automated device or process except as otherwise expressly permitted by these Terms and Conditions, as amended from time to time.

Intellectual Property of Owners. This Website, and the structure, sequence, organization, and look and feel of the applications found on this Website, including the Interactive Features, are the sole and exclusive property of Owners. You agree not to take any steps to violate the applicable copyrights, trademarks and/or patents, if any, protecting the applications, Website, and/or the Content. You may not reproduce or distribute the graphic or textual elements of the applications, Website or Content.

Grant of Limited License with Reservations. Subject to the terms and conditions set forth in this Agreement, we grant you a limited, non-exclusive, nontransferable license to access the Website, materials and/or Content contained therein, or made available through this Website, solely for your private, personal, and non-commercial use. This is a license to display, use and access the Website for its intended purpose and is not a transfer of title. You may use the Website only for purposes expressly permitted by these Terms and Conditions. Unauthorized use of the Website or any of the materials and/or Content contained therein terminates this limited license, effective immediately.

You may not use the Website for any other purpose, including any commercial purpose, without our express prior written consent. Without express prior written authorization, You may not: (a) duplicate the Website or any of the materials and/or Content contained therein; (b) create derivative works based on the Website or any of the materials and/or Content contained therein; (c) use the Website or any of the materials and/or Content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Website or any of the materials and/or Content contained therein; (e) remove any copyright or other proprietary notices from the Website or any of the materials and/or Content contained therein; (f) frame or utilize any framing techniques in connection with the Website or any of the materials and/or Content contained therein; (g) use any meta-tags or any other "hidden text" using Lital's name or marks; (h) circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Website); (i) use any data mining, robots or similar data gathering and extraction tools on the Website; (j) decompile, reverse engineer, modify or disassemble any of the software aspect of the materials and/or Content except and only to the extent permitted by applicable law; or (k) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the materials and/or Content or any of your rights to access and use the materials and/or Content as granted above. You agree to cooperate with Owners in causing any unauthorized use to cease immediately.

Interactive Features. This Website contains certain interactive and community features, which may include from time-to-time: message boards; chat rooms; instant messaging; email; newsletters; music, image, and/or video downloads; and "tell a friend" features (all collectively, "Interactive Features"). Users under the age of 18 may not register for, use, or participate in the Interactive Features. By use of the Interactive Features, you warrant that you are 18 years of age or older, and that you will comply with these Terms and Conditions.

Content Boundaries. You agree and warrant that you will not submit, post, email, message, publish, disseminate or otherwise transmit (collectively, "Submit") any Inappropriate or Unlawful Content. "Inappropriate or Unlawful Content" includes, but is not limited to: hateful or violent content; threatening, hostile or abusive content; defamatory statements; pornographic or obscene material; material that infringes copyright or the intellectual property rights of another; private or confidential information of others; advertising or solicitation of business; SPAM; transmission of malware and viruses; any unlawful material or Content; or any content that is otherwise inappropriate in our sole judgment. Submission of Inappropriate or Unlawful Content, or of any material that violates any federal, state, or local law constitutes a breach of this Agreement, and is prohibited.

You acknowledge and agree that you, and not Owners, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, for anything that you Submit or otherwise communicate through the Website, even if a claim for damages or liability should arise after termination of service.

Content transmitted through this Website, including transmission through the Interactive Features, is monitored; we reserve the right to remove any content we believe violates these Terms and Conditions. We further reserve the right to terminate the registration of any user who Submits any Inappropriate or Unlawful Content over any portion of the Website, including the Interactive Features. You hereby agree that you have been noticed that all communications submitted to the Website can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.

Communications are not Private. You further acknowledge and agree that all material or Content Submitted anywhere on or through the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).

Copyright. By use of this Website, you warrant that all information Submitted through Interactive Features does not violate or infringe upon any copyright.

By Submitting any Content or material through the Website or by use of the Interactive Features, you grant us all rights in the Content or material, including but not limited to, worldwide and exclusive rights to use, sell, license, reproduce, distribute, prepare derivative works of, display, or perform that Content or material, in any media formats and through any media channels.

General Provisions
DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE WEBSITE AND ALL MATERIAL AND/OR CONTENT CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OWNERS MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR ANY MATERIAL AND/OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO OWNERS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE OR ANY OF THE MATERIAL AND/OR CONTENT CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OF THE MATERIAL AND/OR CONTENT CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. YOU UNDERSTAND THAT OWNERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

OWNERS DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT SHALL OWNERS (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS AND/OR CONTENT CONTAINED THEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity. You agree to defend, indemnify, and hold Owners and their officers, directors, shareholders, employees, independent contractors and agents, harmless from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use, misuse, or inability to use the Website or any of the materials and/or Content contained therein, or your breach of any of these Terms and Conditions. Owners shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. Owners may choose to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.

Links. We may provide links to other sites. We are not responsible for those other sites, their Content, or their resources, or how they treat information about their users, and we advise you to check their Terms and Conditions and privacy policies. You further acknowledge and agree that Owners shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party site. If You decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.

Notice of Claimed Infringement. If You believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated by this Website or the Content therein, please provide our Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Send Your Notice of Claimed Infringement to: info@litaljourneyback.com

Please do not send other inquires or information to our Designated Agent.

Removal of Content. Owners reserve the right at any time to implement a "notice and takedown" procedure upon receipt of any notification of claimed infringement.

Force Majeure. Owners shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond their reasonable control, including but not limited to: acts of nature, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay Owners' performance.

Governing Law. This Agreement shall be treated as though it were executed and performed in San Diego, California. These Terms and Conditions and all matters relating hereto shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of California, County of San Diego. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in San Diego County.

Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part, by you.

Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

Attorneys Fees. In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees, including attorney's fees incurred on appeal.

Complete Agreement. These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of the Website and the material and/or Content contained therein, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties' rights and responsibilities in connection with any specific material and/or Content downloadable from the Website).

Modifications. Owners reserve the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the Website. Your continued use of the Website following Owners' posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Owners do not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by Owners in writing, these Terms and Conditions may not be amended by You.

Government Rights. The software elements of the Website and materials and/or Content have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.

Termination. Owners reserve the right to limit or terminate at any time this Agreement and/or access to the Website if any term(s) of this Agreement is or are violated by you, or if we are unable to verify any information that you provide. The termination of this Agreement for any reason whatsoever shall not release you from (i) any liability, obligation or agreement that at the time of termination of this Agreement you had already accrued; (ii) any liability, obligation or agreement that you may accrue in respect of any act or omission prior to the termination of this Agreement; or (iii) any liability, obligation or agreement pursuant to this Agreement which is intended to be performed by you after the termination of this Agreement..

Modification of Website and/or Registration. Without prior notice, Owners reserve the right in their sole discretion to change, suspend, discontinue or limit access to any aspect of the Website at any time, including the availability of any of the Website features or Content. Owners may, without notice, terminate or suspend any user's access to all or part of the Website if it determines, in its sole and absolute discretion, that such user has violated any of these terms and conditions.

Misc. Any cause of action by you with respect to the Website (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Owners' failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.