|The following terms and conditions (the “Terms and Conditions”) govern your use of
the website (this "Site") of The LeBlanc Challenge (the "TLC"), and any services or
products contained within the Site.These Terms and Conditions include our
By using or downloading any materials from this Site, you agree to these Terms and
- Copyrighted Information and Copyright Agent.
Please note that the pages on the Site contain copyright information, the terms
of which must be observed and followed.
Unless otherwise noted, all information, text, articles, data, images, Documents
(as defined below), software or other materials (collectively hereinafter referred
to as the "Materials") contained on any page within this Site are copyrighted by TLC
or a third party (hereinafter collectively referred to as the "Copyright Holder").
Title to copyright in the Materials will at all times remain with the Copyright
Holder. You may only use, download or copy the Materials contained in the Site in
accordance with the Terms and Conditions. Any permitted copies of the Materials
must retain the copyright notice, and any other proprietary notices contained in
such Materials. Unless otherwise provided in the Terms and Conditions, you may not
edit, modify or make use of the Materials without the express, prior written consent
of TLC. You may not use any content contained in the Materials in any manner that
may give a false or misleading impression or statement as to TLC, the Copyright
Holder, or any third party referenced in the Materials. Nothing on this Site shall
be construed as conferring any license under any Copyright Holder's intellectual
property rights, whether by estoppel, implication or otherwise. You agree to use the
Site and the Materials and products on the Site or accessible via the Site only for
lawful purposes. TLC MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS
AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.
Except as specifically provided in these Terms and Conditions (including any
applicable Supplemental Terms), any reproduction, distribution, replication or
retransmission of any information contained on this Site without the prior written
consent of TLC is strictly prohibited.
TLC respects the rights of all copyright holders and in this regard, it has
adopted and implemented a policy that provides for the termination in appropriate
circumstances of users who infringe the rights of copyright holders.
- Notice With Regard to Documents on this Site. Permission to copy
and/or download any papers, articles or other works of authorship on this Site
(the "Documents") is hereby prohibited without written permission. Any other use
of the Documents is expressly prohibited.
Security and Privacy”) forms a part of these Terms and Conditions.
- Disclaimers and Limitation on Liability.
- DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE,
INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND
TLC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TLC DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
- DISCLAIMER OF ACCURACY. TLC DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS OR
TECHNICAL INACCURACIES. TLC RESERVES THE RIGHT TO ADD TO, CHANGE OR
DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR
AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ADDITIONALLY,
THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH
INCLUDES, WITHOUT LIMITATION, DOCUMENTS AND SOFTWARE. TLC MAKES NO
REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TRUTH, QUALITY,
SUITABILITY OR RELIABILITY OF SUCH INFORMATION. TLC IS NOT RESPONSIBLE
FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION
PROVIDED BY SUCH THIRD PARTIES.
- LIMITATION ON LIABILITY. NEITHER TLC NOR ANY OF ITS
MEMBERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE
FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE
OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES,
WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO
ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL
AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS
OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA
AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY
CLAIM AGAINST TLC FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT OR INPUT,
WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
- LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT
HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE
TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR
IMPLEMENTATION OF THE CONTENTS THEREOF.
- Links to Third Party Sites. Any other web sites that are
accessible via any link on this Site are not under the control of TLC. TLC is not
responsible for the contents of any linked site or any link contained in a linked
site, or any changes or updates to the information contained in such sites. TLC
provides the linked sites to you only as a convenience and the inclusions of any
such link on the Site does not imply TLC's endorsement of the site, the
organization operating such site, nor any products or services of that
organization. Your linking to any off-site pages or other sites is entirely at
your own risk.
- Export Restrictions. You acknowledge and agree that the
Materials are subject to the U.S. Export Administration Laws and Regulations.
Diversion of such Materials contrary to U.S. law is prohibited. You agree that
none of the Materials, nor any direct product therefrom, is being or will be
acquired for, shipped, transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals, unless authorized by the
U.S. Government. Proscribed countries are set forth in the U.S. Export
Administration Regulations. You agree to comply strictly with all U.S. export
laws and assume sole responsibility for obtaining licenses to export or
re-export as may be required.
- References to Products or Services. Information published by
TLC on the Site may contain references or cross references to TLC products or
services that are not announced or available in your country. Such references
do not imply that TLC intends to announce such products or services in your
country. Please contact the administrator at
for information regarding the products and services that may be available to you.
- User Input. Unless otherwise provided in the Terms and Conditions,
any communication, material or feedback with regard to contents on this Site
transmitted by a user of this Site via electronic mail or otherwise, including
any data, questions, or comments regarding the content of any Document or other
information contained on the Site, such information shall be deemed to be
non-confidential and TLC shall have no obligation of any kind with respect to
such information and shall be free to reproduce, use, disclose and distribute
the information to others without limitation. Further, TLC shall be free to use
any ideas, concepts, know-how or techniques contained in such information for
any purpose whatsoever including, without limitation, publication on the Site,
or other TLC publications, and developing, manufacturing, and marketing products
using such information. TLC shall have no obligation to compensate the
contributor of such information in any manner.
- Governing Law; Venue for any Proceedings. Any action, proceeding,
dispute, claim or controversy arising out of or relating to this Site or these
Terms and Conditions, or any TLC products or services offered on or accessed
via the Site, shall (i) be governed by Louisiana State law and controlling U.S.
federal law, without application of any choice of law rules and (ii) be subject
to the exclusive jurisdiction of the courts of the State of Louisiana located in
Louisiana Parishes or of the United States District Court of the State of
Louisiana, and you hereby submit to the jurisdiction of said courts.
- Complete Agreement; Changes to the Terms and Conditions. These
Terms and Conditions represent the entire understanding relating to the use of
the Site and prevail over any prior or contemporaneous, conflicting or additional,
communications. TLC shall have the right to revise and modify the Terms and
Conditions at any time by posting the revised Terms and Conditions on the Site.
Any use of the Site after such posting shall be deemed to constitute acceptance
of the revised Terms and Conditions by the user.
- Trademarks. "TLC", the TLC logo, and other TLC logos and titles
are trademarks or service marks of The LeBlanc Challenge. All other products,
company names or other marks appearing on this Site are the trademarks of their
respective owners. Nothing contained in the Site should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any
trademark displayed on the Site without prior written permission of TLC or other
- Indemnification. You agree to defend, indemnify, and hold
harmless TLC, its officers, directors, employees, members, agents and affiliates
from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from your breach
of the Terms and Conditions. TLC shall provide notice to you promptly of any
such claim, suit, or proceeding.
- Termination. TLC may terminate this agreement at any time.
Upon termination, you agree to cease all use of this Site. Without limiting
the foregoing, TLC shall have the right to immediately terminate your access
and use of the Site, or any portion of the Site, in the event of any conduct
by you or through your account which TLC, in its sole discretion, considers
to be unacceptable, or in the event of any breach by you of the Terms and
Conditions. The provisions of Sections 4, 9, 12 and this Section 13 shall
survive any termination of this agreement.