Welcome to LakeTech, Inc. (“we,” “us,” or “our”). By accessing our website or using our services, you agree to comply with and be bound by the following Terms of Service. Please read these terms carefully.
The my.laketech.com and www.laketech.com websites, and any other website on which these Terms of Service appear, and any software, mobile applications, products, devices, or other services offered by LakeTech and other services offered through third parties integrating LakeTech functionality (collectively, “Offerings”), are made available by LakeTech, Inc., its subsidiaries, and/or affiliates (collectively, “we,” “us,” “our,” or “LakeTech”).
You may access and use the Offerings only under these Terms of Service, including any product-specific, supplemental, or other terms referencing or linked to these Terms of Service (“Special Terms”). These Terms of Service and any applicable Special Terms are collectively the “Terms.” If there is any conflict between these Terms of Service and the Special Terms, the Special Terms will control with respect to their subject matter.
By registering, accessing, or using the Offerings you agree to these Terms and any other policies identified herein, which are incorporated by reference. If you are using the Offerings on behalf of your employer or a legal entity, you represent that you are authorized to bind that entity to these Terms.
If your use of a given Paid Offering (as defined below) is governed by a separate Subscription and Services Agreement, Master Services Agreement, or similar agreement entered into with LakeTech, that agreement will control to the extent of any conflict with these Terms with respect to that Paid Offering.
Registration and Your Account
Certain Offerings require registration. For those Offerings, you must provide complete, accurate, and truthful information and update it promptly if it changes. Registered users are responsible for: (1) maintaining the confidentiality of their login credentials; (2) all activity that occurs under their account, including use by any third party they authorize; and (3) all statements or materials posted under their account. You may not assign or transfer your account to any other person or entity without LakeTech’s prior written permission. LakeTech is not responsible for third-party access to your account resulting from theft or misappropriation of your login credentials.
Paid Offerings
If there is a fee to use an Offering (a “Paid Offering”), the fee will be disclosed prior to registration and charged as outlined in an applicable order form. Paid Offerings are subject to a separate agreement with LakeTech.
Licenses and Restrictions
Limited License: As an Offering user, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Offerings under these Terms. LakeTech may terminate this license at any time for any reason.
Limitations: Any unauthorized use of the Offerings is prohibited. Among other restrictions, you may not:
- Copy, modify, reproduce, republish, distribute, display, or transmit any portion of the Offerings for commercial, non-profit, or public purposes without authorization.
- Extract, decompile, reverse engineer, disassemble, or create derivative or competitive works from the Offerings.
- Create a false identity, misrepresent your identity, or use another’s account.
- Disclose information you do not have consent to disclose, including confidential information of others.
- Determine the Offerings’ architecture or extract usage data via network monitoring or discovery tools.
- Override security features or bypass access controls or use limits.
- Rent, lease, sell, resell, or otherwise monetize the Offerings or related data without LakeTech’s consent.
- Scrape, harvest, mine, or otherwise systematically extract data via bots, spiders, or other automated means.
- Transmit viruses, malicious code, or false, misleading, or fraudulent communications.
- Phish, spoof, or engage in illegal or fraudulent activity.
- Damage, interfere with, disable, or place an unreasonable load on the Offerings.
- Violate the intellectual property rights of others or of LakeTech, including use of the word “LakeTech” or its logos without permission.
- Imply affiliation with or endorsement by LakeTech without express consent.
- Attack, threaten, harass, stalk, or intimidate any other user, person, or organization.
- Transmit unsolicited advertising, spam, chain letters, or pyramid schemes.
Monitoring and Enforcement
You acknowledge that we have the right to monitor your access or use of the Offerings for operating and improving the Offerings, ensuring your compliance with these Terms, and complying with applicable law or a governmental order. If LakeTech believes, in its sole discretion, that you have violated or attempted to violate these Terms, your access to the Offerings may be limited or revoked and your Content may be modified or removed without notice.
LakeTech Intellectual Property Rights
The Offerings are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. LakeTech, the LakeTech logo, and all other LakeTech trademarks, service marks, product names, and trade names appearing in connection with the Offerings are owned by LakeTech. LakeTech does not grant you the right to use or display any such mark without its prior written consent.
License of Your Content to LakeTech
Certain portions of the Offerings allow you to publish publicly accessible content (“Public Content”). Other portions allow you to publish content viewable only by you or by users with appropriate access permissions (“Non-Public Content”). Public Content and Non-Public Content are collectively your “Content.”
Non-Public Content: You grant (or warrant that you have the right to grant) LakeTech a worldwide right and license to access, host, display, process, analyze, transmit, reproduce, and otherwise utilize Non-Public Content for the purposes of providing and improving the Offerings.
Public Content: You irrevocably grant LakeTech a worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable right to use Public Content for any lawful purpose without further consent, notice, or compensation. LakeTech will own any derivative works it makes of Public Content.
LakeTech makes no guarantee of confidentiality or privacy of any Public Content transmitted to or from the Offerings. Public Content is a public, not private, communication, and others may read or view it without your knowledge.
Confidentiality and Non-Solicitation
LakeTech will not share, disclose, or otherwise make accessible any sensitive information (such as work history, product usage history, or pricing details) provided by a customer under these Terms with any competitor or third party, except as strictly required to provide the Offerings or under a lawful order.
LakeTech shall not use such sensitive information for direct profit-making activities outside the scope of providing and improving the Offerings, and agrees not to solicit or engage in business activity with a customer’s clients, as identified through the course of the relationship, without that customer’s express written consent, a restriction that continues for a period following termination of the relationship.
These restrictions do not apply where a customer’s client directly and independently contacts LakeTech without solicitation, or where LakeTech responds to a public request for proposal in a manner consistent with standard industry practice and without use of the customer’s confidential information.
Usage Data
LakeTech may collect, use, share, and otherwise process usage information or data related to or derived from access to the Offerings (“Usage Data”), such as visit and activity data, and numbers and types of clicks or impressions. Except where you have expressly consented, LakeTech will only disclose Usage Data that does not contain Personal Data or Non-Public Content.
Feedback, Advertising, and Relationship
By submitting feedback or suggestions regarding the Offerings, you agree that LakeTech may use and publicly share it for any purpose without compensation or attribution. LakeTech has the right, without payment to you, to serve ads and other content near or in association with your Content, and to enable search engines to make Public Content findable.
You are an independent third party to LakeTech, and nothing in these Terms creates a partnership, joint venture, agency, franchise, sales, or employment relationship between you and LakeTech.
Errors and Corrections
LakeTech does not represent or warrant that the Offerings will be error-free, free of harmful components, that defects will be corrected, or that they will always be accessible or that content will be correct, accurate, or timely. LakeTech may change, suspend, or discontinue any Offering, and may modify the prices of Paid Offerings prospectively upon reasonable notice.
Third-Party Content and Links
The Offerings may host third-party content or include links to other websites or applications (“Third-Party Content” and “Third-Party Services”). LakeTech does not control or endorse Third-Party Content or Third-Party Services and is not responsible for their availability, accuracy, or content. Your use of and reliance on any Third-Party Content or Third-Party Service is at your own risk. Third-Party Content includes Google Maps, which is subject to Google’s own additional terms of service and privacy policy.
LakeTech may help connect registered users offering services with users seeking services, but does not perform or employ individuals to perform these services, does not supervise or control users’ performance, and is not a party to any resulting employment, agency, or joint venture relationship.
Disclaimer
THE OFFERINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. LAKETECH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LAKETECH DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO ERRORS OR OMISSIONS IN THE OFFERINGS, THIRD-PARTY COMMUNICATIONS OR SERVICES, UNAVAILABILITY OF THE OFFERINGS, OR YOUR USE OF THE OFFERINGS OR RELATED EQUIPMENT OR SOFTWARE.
Limitation of Liability
TO THE FULLEST EXTENT OF THE LAW, LAKETECH WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE OFFERINGS, ANY CONTENT OR OPINIONS APPEARING THEREIN, OR ANY THIRD-PARTY CONTENT OR SERVICE. LAKETECH WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR REPUTATIONAL DAMAGES OF ANY KIND ARISING IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE OFFERINGS.
Indemnification
You agree to indemnify, defend, and hold LakeTech and its affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to: (1) your access to or use of the Offerings, including your Content; (2) your violation of these Terms; (3) your breach of your representations and warranties under these Terms; (4) your products or services; or (5) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Governing Law
These Terms are governed by and construed in accordance with the internal laws of the State of California, without regard to conflicts of laws principles. Subject to the Dispute Resolution section below, Excluded Disputes and Disputes that cannot be arbitrated must be brought exclusively in the state and federal courts sitting in Los Angeles County, California.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Negotiations: The parties will first attempt in good faith to resolve any Dispute through negotiation between authorized representatives for at least thirty (30) days before initiating arbitration. You will send notice to LakeTech, Inc., 6309 Carpinteria Ave., Carpinteria, CA 93013 USA, Attention: Chief Legal Officer. LakeTech will send notice to you at your address on file or by email.
Binding Arbitration: If informal negotiations are unsuccessful, the Dispute will be submitted to final and binding arbitration, conducted in English and administered by the American Arbitration Association (AAA) if in the U.S., or the International Centre for Dispute Resolution (ICDR) if outside the U.S. The arbitrator may not award damages in excess of compensatory damages, and the decision will be binding on the parties.
Excluded Disputes: Neither party is required to arbitrate claims that qualify for small claims court, seek injunctive relief, or concern the validity of intellectual property rights.
No Class Actions: The parties agree that any claim will be brought on an individual basis. The parties waive the right to participate in a class, consolidated, or representative action or arbitration, and the right to a trial by jury.
Severability and Survival: If any provision of this Dispute Resolution section is found unenforceable, it will be severed and the remaining provisions will still apply. This section survives any termination of these Terms or your use of the Offerings.
Termination
You or LakeTech may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use the Offerings. Provisions relating to your Content license, feedback, use limitations, limitation of liability, indemnification, governing law, dispute resolution, and other provisions that would naturally survive by their nature will survive termination. Amounts owed by either party prior to termination remain owed after termination.
General
These Terms incorporate by reference any notices on this website, the Privacy Notice, and any other referenced policies, and constitute the entire agreement with respect to access to and use of the Offerings, unless you and LakeTech have entered a separate agreement that explicitly overrides these Terms. If any provision is unlawful, void, or unenforceable, it will be deemed severable from the remaining provisions. LakeTech’s failure to enforce a breach does not waive its right to enforce these Terms. You may not assign or transfer these Terms without LakeTech’s consent; LakeTech may assign these Terms to its affiliates or a party that acquires LakeTech. There are no third-party beneficiaries to these Terms.
Contact Us
For any questions about these Terms of Service, please contact us at support@laketech.com.