PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Welcome to this website (this “Site”), which is owned and operated by Hannush Enterprises, LLC dba LynxTo (“Hannush Enterprises, LLC”). These Terms of Use set forth the terms and conditions of your use of this Site and the products and services (individually and collectively, the “Services”) found at this Site.
Your use of this Site as a viewer or customer signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the following polices and agreements, which are incorporated herein. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
Hannush Enterprises, LLC, in its sole and absolute discretion, may change or modify these Terms of Use, and any polices or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that Hannush Enterprises may notify you of such changes or modifications by posting them on this Site and your use of this Site or the services found at this Site after such changes or modifications have been made shall constitute your acceptance of these Terms of Use as last revised. If you do not agree to be bound by these Terms of Use as last revised, do not use this Site or the services found at this Site.
This Site and the services offered through it are available only to users who can form legally binding contracts under applicable law. By using this Site or the services found at this Site, you represent and warrant that you are at least eighteen (18) years of age.
If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrante that you have the legal authority to bind that corporate entity to these Terms of Use, in which case terms such as “you”, “your”, “user” or “customer” shall refer to the corporate entity you represent. If, after your agreement to these Terms of Use, Hannush Enterprises, LLC finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. Hannush Enterprises, LLC shall not be liable for any loss or damage resulting from Hannush Enterprises, LLC's reliance on any instruction, notice, document or communication reasonably believed by Hannush Enterprises, LLC to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Hannush Enterprises, LLC reserves the right to require additional authentication from you.
In order to access some of the features or use some of the services of this Site, you will have to create an account. You represent and warrant to Hannush Enterprises, LLC that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. If Hannush Enterprises, LLC has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your account. You are soley responsible for the actity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your customer password and payment method(s). For security purposes, Hannush Enterprises, LLC recommends that you change your password at least once every six (6) months for each account you have with Hannush Enterprises, LLC and LynxTo. You must notify Hannush Enterprises, LLC immediate of any breach of security or unauthorized use of your account. Hannush Enterprises, LLC will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss Hannush Enterprises, LLC or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.
Our Site and servers are located in the United States. If you are using our Site from another country, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating with us, you consent to this transfer of information.
You acknowledge and agree that:
You use of this Site and the services found at this Site, including all content you submit, will comply with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. You will not impersonate another user or any other person or entity, or submit content on behalf of another user or any other person or entity, without their express prior written consent. You will not collect or gather any user content or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent. At Hannush Enterprises, LLC's sole discretion, you will not use this Site or the services found at this Site in a manner that is illegal or promotes or encourages illegal activity; promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; promotes, encourages or engages in pornography or the exploitation of children; promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; promotes, or encourages any spam, or computer or network hacking or cracking; infringes on the intellectual property rights of another user or any other person or entity; violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or to another person or entity; interferes with the operation of this Site or the services found at this Site; contant or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or contains false or deceptive language, or unsubstantiated or comparative claims regarding Hannush Enterprises, LLC or our services.
You will not copy or distribute in any medium any part of this Site or the services found at this Site, except where expressly authorized by Hannush Enterprises, LLC.
You will not modify or alter any part of this Site or the services found at this Site or any of its related technologies.
You agree not to use this Site or the services found at this Site, including any of Hannush Enterprises, LLC's related technologies, for any commercial use without Hannush Enterprises, LLC's express prior written consent.
Hannush Enterprises, LLC reserves the right to modify, change, or discontinue any aspect of this Site or the services found at this Site, including without limitation prices and fees for the same, at any time.
Except for user content, the content on this Site and the services found on this Site, including without limitation the text, software, scripts, source code, graphics, photos, sounds, music, videos, and logos contained therein (“content”), are owned by or licensed to Hannush Enterprises in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Hannush Enterprises, LLC and LynxTo content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the express prior written consent of Hannush Enterprises, LLC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. Hannush Enterprises, LLC reserves all rights not expressly granted in and to the LynxTo content, this Site and the services found at this Site, and these Terms of Use do not transfer ownership of any of these rights.
Some of the features of this Site or the services found at this Site may allow users to view, post, publish, share, store, or manage ideas, opinions, recommendations, advice, literary, artistic, musical, or other content, including but not limited to photos and videos. By posting or publishing user content to this Site or to the services found at this Site or its third party providers, you represent and warrant to Hannush Enterprises, LLC that you have all necessary rights to distribute this user content via this Site or via the services found at this Site, either because you are the author of the user content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the user content, and you do not violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the security related features of this Site or the services found at this Site or enforce limitations on the use of this Site or the services found at this Site, the Hannush Enterprises, LLC content or the user content therein.
You shall be solely responsible for any and all of your user content or user content that is submitted through your account, and the consequences of, and requirements for, distributing it.
You acknowledge and agree, with respect to user submissions that your user submissions are entirely voluntary; your user submissions do not establish a confidential relationship or obligate Hannush Enterprises, LLC to treat your user submissions as confidential or secret; Hannush Enterprises, LLC has no obligation, either express or implied, to develop or use your user submissions, and no compensation is due to you or to anyone else for any intentional or unintentional user of your user submissions; Hannush Enterprises, LLC may be working on the same or similar content, it may already know of such content from other sources, it may simply with to develop this (or similar) content on its own, or it may have taken / will take some other action.
Hannush Enterprises, LLC shall own exclusive rights (including all intellectual property and other proprietary rights) to any user submissions posted on this Site, and shall be entitled to the unrestricted use and dissemination of any user submissions posted to this Site, and shall be entitled to the unrestricted us and the dissemination of any user submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
Hannush Enterprises, LLC does not generally pre-screen user content. However, we reserve the right to do so and decide whether any item of user content is appropriate and/or complies with these Terms of use. Hannush Enterprises, LLC may remove any item or link in user content and/or terminate a user's access to this Site or the services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by Hannush Enterprises, LLC in its sole and absolute discretion), at any time and without prior notice. Hannush Enterprises, LLC may also terminate a uesr's access to the Site or the services found at this site if Hannush Enterprises, LLC has reason to believe the user is a repeat offender. If Hannush Enterprises, LLC terminates your access to the Site or the services found at this Site, Hannush Enterprises, LLC may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Hannush Enterprises, LLC expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access or control of any account or services (including the right to cancel) for any reason (as determined by Hannush Enterprises, LLC in its sole and absolute discretion), including but not limited to the following: to correct mistakes made by Hannush Enterprises, LLC in offering or delivering any services; to protect the integrity and stability of our services; to assist with our fraud and abuse detection and prevention efforts; to comply with third party changes in agreements and policies; to comply with applicable local, state, national and international laws, rules and regulations; to comply with requests of law enforcement, including subpoena requests, to comply with any dispute resolution process, to defend any legal action or threatened legal action wtihout consideration for whether such legal action or threatened legal action is eventually determiend to be with or without merit, or to avoid any civil or criminal liablity on the part of Hannush Enterprises, LLC, its officers, directors, employees and agents, as well as Hannush Enterprises, LLC's affiliates.
You agree Hannush Enterprises, LLC may immediately terminate any account with it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email or scam.
Hannush Enterprises, LLC believes in the protection of intellectual property. If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or a copyright claim for material on which you hold a bona fide copyright, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Hannush Enterprises, LLC will require a verification process for the claim and will remove any offending material and/or terminate the offending user's account.
Our Site and the services found at this Site may contain links to third-party websites that are not owned or controlled by Hannush Enterprises, LLC. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any thrid-party websites. In addition, Hannush Enterprises, LLC does not censor or edit the content of any third-party websites. By using this Site or the services found at this Site, you expressly release Hannush Enterprises, LLC and the LynxTo product from any and all liability arising from your use of a third-party website. Accordingly, Hannush Enterprises, LLC encourages you to be aware when you leave this Site or the services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.
You specifically acknowledge and agree that your use of this site and the services found at this shall be at your own risk and that this Site and the services found at this Site are provided “as is”, “as available” and “with all faults”. Hannush Enterprises, LLC, its officers, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Hannush Enterprises, LLC its officers, employees, and agents make no representation or warranties about the accuracy, completeness, or content, claims or services of this Site, any website it links to, or any website that links to LynxTo.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Hannush Enterprises, LLC its officers, employees, or agents (including without limitation its call center or customer service representatives) will constitute legal or financial advice or create a warranty of any kind with respect to this Site or the services found at this Site, and users should not rely on any such information or advice.
The foregoing disclaimer of representations and warranties shall apply to the fullest extend permitted by law, and shall survive any termination or expiration of these Terms of Use or you use of the Site or the services found at this Site.
In no event shall Hannush Enterprises, LLC its officers, employees, and agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from the accuracy, completeness, or content of this Site or any linked sites or any sites that link to LynxTo, personal property damage or personal injury of any nature whatsoever, third-party conduct of any nature whatsoever, any unauthorized access to our use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, any interruption or cessation of services to or from this Site or any sites linked (through hyperlinks, or otherwise) to this site, any viruses, worms, bugs, Trojan Horses, or the like, which may be transmitted to or from this Site or any sites linked to this Site, any user content or content that is defamatory, harrassing, abusive, harmful to minors or any protected class, pornographic, obscene, or otherwise objectionable, and/or any loss or damage of any kind incurred as a result of your use of this Site or the services found at this Site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Hannush Enterprises, LLC is advised of the possibility of such damages.
In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this Site or the services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
The foregoing limitation of liability shall apply to the fullest extend permitted by law, and shall survive any termination or expiration of these Terms of Use or your use of this Site or the services found at this site.
You agree to protect, defend, indemnify and hold harmless Hannush Enterprises, LLC and its officers, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by Hannush Enterprises, LLC directly or indirectly arising from your use of and access to this Site or the services found at this Site; your violation of any provision of these Terms of Use or the polices or agreements or agreements which are incorporated herein; and/or your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the services found at this Site.
These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
If you access this Site or the services found at this Site from other countries or jurisdictions outside of the United States, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. laws and regulations. If such laws conflict with U.S. laws and regulations, you shall not access this Site or the services at this Site. The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the services found at this Site.
Hannush Enterprises, LLC makes no representation or warranty that the content available on this Site or the services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the services found at this Site are responsible for compliance with all local laws, rules and regulations.
These Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of South Carolina, whichever is applicable, without regard to conflict of laws principals. You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Greenville County, South Carolina, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Greenville County, South Carolina. You agree to waitve the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.
If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions regarding these Terms of Use, please contact us by email or standard mail at the following address:
Hannush Enterprises, LLC dba LynxTo
ATTN: Legal
148 River Street, Suite 120
Greenville, SC 29601, USA
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
© 2012 Hannush Enterprises, LLC.
All Rights Reserved.