Terms & Privacy

1. GENERAL INFORMATION

1.1 LADDER SUITE PRODUCTS AND SERVICES

Ladder Suite LLC (“Ladder Suite”) provides certain products, services and information to you (the “Client” or “you”) pursuant to that certain [Statement of Work] (the “SOW”), through Ladder Suite’s applications (the “App”) or its website (the “Website”). These terms and conditions (the “Terms”) contain the terms and conditions upon which Ladder Suite shall provide such products, services and information.

Please read these Terms carefully before using any products or services of Ladder Suite obtained through an SOW, an App or the Website. The term “you” refers to the user of the Products. When you sign the SOW or sign-up for any products or services on the Website or download the App, you agree to be bound by these Terms, our Privacy Policy, located at Laddersuite.com/privacy (the “Privacy Policy”), and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your access of the Website or App. At such time, if you do not click “I accept”, you may not be able gain such access. By clicking “I accept” or by signing the SOW, you indicate that you accept these Terms and that you agree to abide by them.

If you do not agree to these Terms or our Privacy Policy, you must not access or use Website, the App or any Ladder Suite products or services. If you are dissatisfied with the products or services provided by Ladder Suite, your sole and exclusive remedy is to discontinue accessing and using such products or services immediately.

1.2 BASIS OF LICENSE

(a) These Terms, the SOW and any other provisions set forth in the Website or the App set out the whole agreement between you and Ladder Suite for the provision of services or products. In order to participate in such services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

(b) Please check that the details in these Terms and on the SOW are complete and accurate before you use or commit yourself to the use of services or products.

(c) AS PART OF YOUR USE OF THE SERVICES AND PRODUCTS OF LADDER SUITE, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS AND SERVICES. BY USING THE PRODUCTS AND SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

1.3 CHANGES TO TERMS

Ladder Suite reserves the right to change or update these Terms, or any other of our policies or practices, at any time, in our sole discretion and without prior notice to you. Any changes or updates will be effective immediately upon posting to Laddersuite.com/privacy. Your continued use of the products and services constitutes your agreement to abide by the Terms as changed. You are expected to check this page regularly, under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the App or on the Website.

2. MEMBERSHIPS AND SUBSCRIPTIONS

2.1 BECOMING A MEMBER

(a) You may sign up as a registered user of the products and the services (a “Member”). To become a Member, you may be required to provide certain personal information including, for example, your first name, last name, email address and a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You may not register for more than one Member account.

(b) In the course of your use of the services or products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(c) By registering as a Member, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the products or services does not violate any applicable law or regulation.

2.2 ONCE A MEMBER

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your device to further help protect such information. You are responsible for updating your User Information.

2.3 USE OF LADDER BY MINORS

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the services or products.

2.4 MEMBERSHIP

Ladder Suite membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.

2.5 CORPORATE AND OTHER CONSUMER COMMUNITIES

Many consumer communities (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around multiple accounts and supplementary services and products. In such event, these Community terms and conditions shall also apply to your use of the services and products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.

2.6 CHANGING FEES AND CHARGES

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

3. CANCELLATION OF SERVICES

Your limited right to access and use the platforms provided by Ladder Suite is licensed to you by Ladder Suite and is subject to all of the terms and condition of these Terms, the Privacy Policy, and applicable laws. At Ladder Suite’s sole discretion, this license shall immediately and automatically terminate without notice to you upon your breach and/or threatened or anticipated breach of these Terms, the Privacy Policy, or applicable laws. A breach of these terms includes, without limitation, the unauthorized copying or download of audio or video content from the products or platforms provided by Ladder Suite. In addition, Ladder Suite may terminate said license immediately at any time, at shall, for any reason or no reason, and/or for the convenience of Ladder Suite. You hereby understand and agree that Ladder Suite is not to be used in any form to store PHI (as defined in Article 11) included but not limited to Social security numbers, credit card information or any personal identifiable data. IF YOU DO NOT ABIDE BY THESE TERMS, THE PRIVACY POLICY, AND APPLICABLE LAWS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PLATFORM PROVIDED BY LADDER SUITE.

4. PROHIBITED USE OF THE SERVICES/ PRODUCTS

4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the services/ products provided by Ladder Suite. You agree not to interfere with the servers or networks underlying or connected to the products and services or to violate any of the related procedures, policies or regulations of networks. You may not access the Website or App in an unauthorized manner.

4.2 You agree not to impersonate any other person while using the products and services, conduct yourself in an offensive manner while using the products/ services, or use the products/ services for any illegal, immoral or harmful purpose.

4.3 You agree not to use the products/ services provided by Ladder Suite for any purposes other than the express purposes set forth in the SOW, the Website or the App.

5. MATERIALS OFFERED THROUGH THE PRODUCTS

5.1 COPYRIGHT

(a) All materials (including software and content whether downloaded or not) contained in the products/ services provided by Ladder Suite are owned by Ladder Suite (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

(b) You acknowledge and agree that certain materials on or in the products or provided in connection with the services are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of these Terms against you.

5.2 TRADEMARKS

Ladder Suite, the Ladder Suite logo and all other Ladder Suite product or service marks are trademarks of Ladder Suite. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the products are the property of their respective owners. Nothing grants you any license or right to use, alter, remove, or copy such material. Your misuse of the trademarks of Ladder Suite is strictly prohibited. Ladder Suite will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. AVAILABILITY AND USE OF PRODUCTS/ SERVICES

6.1 Although we aim to offer you the best service possible, we make no promise that the products and services provided by Ladder Suite will meet your requirements and we cannot guarantee that such services/ products will be fault free. If a fault occurs in the products, please report it to us and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the products while we address the fault. We will not be liable to you if the products are unavailable for a commercially reasonable period of time. We will not be liable to you losses incurred because of a fault or the unavailability of products or services offered by Ladder Suite.

6.2 Your access to the products/ services may be occasionally restricted to allow for updates, revisions, maintenance or the introduction of new services or products.

7. PRODUCTS DISCLAIMER

The information contained in the products or provided in connection with the services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the products or the information contained on the products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

8. END USER LICENSE

8.1 Subject to the Terms, the SOW or the provisions provided on the Website, and your payment of applicable subscription fees, Ladder Suite grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the products and services described in the SOW.

8.2 Such services/ products contain or embody copyrighted material, proprietary material or other intellectual property of Ladder Suite or its licensors. All right, title and ownership in the products/ services remain with Suite Ladder or its licensors, as applicable. The rights to download and use the products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with the SOW and our other Terms.

8.3 You agree that you will not assist or permit any third party to: (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the products/ Apps in any way, or create derivative works of the products or Apps; (b) Use such products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) Rent, lease, loan, make available to the public, sell or distribute the products or Apps in whole or in part; (d) Tamper with the products / Apps or circumvent any technology used by Ladder Suite or its licensors to protect any content accessible through the products, the Website or the App; (e) Circumvent any territorial restrictions applied to the products/ Services; or (f) Use the products/ Services in a way that violates the SOW or the other Terms.

8.4 You may not make the products/ Services available to the public.

9. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

9.1 We are committed to complying with copyright and related laws, and we require all Members to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the products or App in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

9.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

9.3 If you believe that your work has been copied and posted in a way that constitutes copyright infringement, please provide our designated agent with the following information:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notification may not be effective. Ladder Suite has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Ladder Suite platform who are repeat infringers of copyright.

10. GENERAL TERMS AND CONDITIONS

10.1 ASSIGNMENT BY US

Ladder Suite may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

10.2 INDEMNITY BY YOU

You agree to defend, indemnify and hold Ladder Suite and its subsidiaries, affiliates and their respective directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the products or services provided by Ladder Suite, (ii) your placement or transmission of any message, content, information, software, or other submissions through the products or services provided by Ladder Suite (collectively, the “Products”), (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Products; or (iv) your breach or violation of the law or of these Terms. Ladder Suite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Ladder Suite defense of such claims.

10.3 WARRANTIES, DISCLAIMER AND LIMITATIONS

(a) This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

(b) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects its description and is of reasonably satisfactory quality.

(c) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.

(d) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Ladder Suite be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that any third party suffers, in connection with your use of the Products or other activities you undertake in connection with your use of the Products, unless caused by Ladder Suite’s willful misconduct or fraud. Furthermore, Ladder Suite shall not be liable to you or to any third party for any punitive, indirect, incidental, special, consequential or exemplary damages, including but not limited to the loss of any profits, goodwill, use, data and/or other intangible losses regardless of whether Ladder Suite had been advised such damages could occur.

(e) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties.

(f) The Products and other services provided are based upon a large collection of technology and data that can be unreliable. You agree that you will not use Ladder Suite Products for primary emergency paging in situations where a failure in the Products may cause a dangerous or hazardous situation. You hereby acknowledge that the Products are not rated or conditioned for life safety use in situations where failure my put someone at risk and that the Products and other data provided by Ladder Suite are for advisory purposes only. You agree to indemnify and hold harmless Ladder Suite (including its officers, directors, employees and affiliates) from any and all liability losses or damages (including from third party suits) to the maximum extent possible, regardless of what the cause of such loss was other than losses caused by the willful misconduct or fraud of Ladder Suite. You agree that you shall cause Ladder Suite to not be held liable and to have no loss related to your performance, lack thereof, action, inaction or any conduct by you, your employees, your agency or your associates, even if such conduct is a result of data or Products provided by Ladder Suite.

(g) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

10.4 NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

10.5 FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control, including, but not limited to, acts of God, government restrictions (including the denial or cancellation of any export of other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected (including mechanical, electronic, or communications failure).

10.6 INTERPRETATION

In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

10.7 ELECTRONIC COMMUNICATIONS

(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.

10.8 NOTICES

Unless otherwise specifically indicated, all notices given by you to us must be given to Ladder Suite at [email protected]. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 10.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

10.9 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

10.10 THIRD PARTY RIGHTS

A person who is not party to these Terms will not have any rights under or in connection with these Terms.

10.11 LIMITATION OF LIABILITY

We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for:

• Any loss or damage due to viruses or other malicious software that may infect your device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.
• Any use of websites linked to the Products but operated by third parties.

TO THE FULLEST EXTENT PERMITTED BY LAW, LADDER SUITE AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE PRODUCTS, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE PRODUCTS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE PRODUCTS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO LADDER SUITE FOR YOUR USE OF THE PRODUCTS IN QUESTION.

Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Ladder Suite be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products.

10.12 EXCLUSIVE VENUE

Both you and Ladder Suite agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the New York State courts or federal courts located in or having jurisdiction over Suffolk County, New York. You and Ladder Suite consent to the personal jurisdiction of such courts.

10.13 CHOICE OF LAW

Except to the extent they are preempted by U.S. federal law, the laws of the state of New York govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

10.14 SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

11. PERSONAL HEALTH INFORMATION

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU HEREBY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LADDER SUITE BE USED TO STORE ANY PERSONAL HEALTH INFORMATION OR OTHER PROTECTED INFORMATION UNDER HIPAA.

For the purposes of these Terms, “Personal Health Information” or “PHI” shall have the meaning ascribed to it in HIPAA, which for the avoidance of doubt shall include all electronic Personal Health Information (ePHI). For the purposes of these Terms, “HIPAA” shall mean the Health Insurance Portability and Accountability Act.

This privacy notice for Ladder Suite LLC (“Ladder Suite,” “we,” “us,” or “our”), describes how and why we might collect, store, use, and/or share (“process”) your information when you use our services (“Services”), such as when you:

• Visit our website at laddersuite.com, or any website of ours that links to this privacy notice
• Download and use our mobile application (Ladder Suite), or any other application of ours that links to this privacy notice
• Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at [email protected].

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for. You can also click here to go directly to our table of contents.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Ladder Suite and the Services, the choices you make, and the products and features you use. Click here to learn more.

Do we process any sensitive personal information? We do not process sensitive personal information.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Click here to learn more.

In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties. Click here to learn more.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Click here to learn more.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Click here to learn more.

How do you exercise your rights? The easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what Ladder Suite does with any information we collect? Click here to review the notice in full.

TABLE OF CONTENTS

• 1. WHAT INFORMATION DO WE COLLECT?
• 2. HOW DO WE PROCESS YOUR INFORMATION?
• 3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
• 4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
• 5. HOW LONG DO WE KEEP YOUR INFORMATION?
• 6. HOW DO WE KEEP YOUR INFORMATION SAFE?
• 7. DO WE COLLECT INFORMATION FROM MINORS?
• 8. WHAT ARE YOUR PRIVACY RIGHTS?
• 9. CONTROLS FOR DO-NOT-TRACK FEATURES
• 10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
• 11. DO WE MAKE UPDATES TO THIS NOTICE?
• 12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
• 13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

• names
• phone numbers
• email addresses
• job titles
• usernames

Sensitive Information. We do not process sensitive information.

Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:

• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, microphone, contacts, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
• Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings.

This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).
• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.
• To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following categories of third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require access to such information to do that work. The categories of third parties we may share personal information with are as follows:

• Cloud Computing Services
• Data Analytics Services
• Data Storage Service Providers
• Performance Monitoring Tools
• Social Networks
• User Account Registration & Authentication Services
• Website Hosting Service Providers

We also may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). To find out more about Google’s Privacy Policy, please refer to this link.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than twelve (12) months past the termination of the user’s account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at [email protected].

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, replying “STOP” or “UNSUBSCRIBE” to the SMS messages that we send, or by contacting us using the details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log in to your account settings and update your user account.
• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at [email protected].

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at [email protected] or by post to:

Ladder Suite LLC
65 Air Park Drive, STE 12
Ronkonkoma, NY 11779
United States

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request form by clicking here.

This privacy policy was created using Termly’s Privacy Policy Generator.

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and Ladder Suite LLC (hereinafter “Ladder Suite”), a company duly organized and validly existing, located at 65 Air Park Drive, STE 12, Ronkonkoma, New York 11779. This Agreement annuls and voids all previous agreements.

OVERVIEW

The Site (laddersuite.com) is operated by Ladder Suite. Throughout the Site, the terms “we”, “us” and “our” refer to Ladder Suite. Ladder Suite offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ladder Suite content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ladder Suite and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ladder Suite or our licensors except as expressly authorized by these Terms.

SECTION 2 – CREATING AN ACCOUNT

Once you create an account with us, you are registered on the Ladder Suite Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Ladder Suite’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ladder Suite is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Ladder Suite will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Ladder Suite Services, or any portion thereof.

SECTION 3 – CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Ladder Suite Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Ladder Suite.

Furthermore, you herein agree not to make use of Ladder Suite’s Services for the purpose of:

Ladder Suite herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

Ladder Suite herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

Ladder Suite herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Ladder Suite or any other content providers supplying content services to Ladder Suite. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

SECTION 5 – SUBMITTED CONTENT

Ladder Suite shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Ladder Suite the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

Those areas which may be deemed “publicly accessible” areas of Ladder Suite’s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Ladder Suite may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

SECTION 6 – INDEMNITY

All users and/or members agree to insure and hold Ladder Suite, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Ladder Suite Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

SECTION 7 – COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Ladder Suite’s sites.

SECTION 8 – MODIFICATIONS

Ladder Suite reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

SECTION 9 – TERMINATION

As a member of laddersuite.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected].

As a member, you agree that Ladder Suite may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with laddersuite.com shall include any and/or all of the following:

SECTION 10 – LINKS

Either Ladder Suite or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Ladder Suite shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

SECTION 11 – PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Ladder Suite’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Ladder Suite or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Ladder Suite Services (e.g. Content or Software), in whole or part.

Ladder Suite hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Ladder Suite for use in accessing our Services.

SECTION 12 – WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

SECTION 13 – LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LADDER SUITE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

SECTION 14 – RELEASE

In the event you have a dispute, you agree to release Ladder Suite (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SECTION 14.a – ALARM NOTIFICATIONS:

The Service is based on a large collection of technology that can be unreliable.

DO NOT USE Ladder Suite for primary emergency paging in situations where a Service failure on our part may cause a dangerous or hazardous situation. Ladder Suite is intended to help supplement call data when and if available with no warranty/guarantee. You and your users take full responsibility of the data we provide to you. You acknowledge, on behalf of Yourself and Your agency, department, or employer, that the Service is not rated or conditioned for life safety use in situations where Service failure may put someone at risk; and that the Ladder Suite data is provided as “advisory” only. You agree to indemnify and hold harmless Ladder Suite and its officers, directors, employees and affiliates from any and all liability, loss or damage or lawsuit to the maximum extent possible, whether that liability loss or damage arise from any breach of data, Service failure, incorrect or untimely Service, or for any other reason. In no way will Ladder Suite, its officers, directors, employees, or affiliates, be held liable in any way regarding Your performance, lack of performance, action or inaction or for any conduct by You, Your associates, or Your agency, even if such performance or nonperformance is or may have been a direct or indirect result of the Ladder Suite Alarm Data.

SECTION 15 – NOTICE

Ladder Suite may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

SECTION 16 – INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand and agree that all of the Ladder Suite trademarks, copyright, trade name, service marks, and other Ladder Suite logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Ladder Suite. You herein agree not to display and/or use in any manner the Ladder Suite logo or marks without obtaining Ladder Suite’s prior written consent.

Ladder Suite will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Ladder Suite may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

The Ladder Suite agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:
Ladder Suite LLC
Attn: Copyright Agent
65 Air Park Drive, STE 12
Ronkonkoma, New York 11779
Telephone: 6318258121
Email: [email protected]

SECTION 17 – ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Ladder Suite and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Ladder Suite Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ladder Suite Services, affiliate Services, third-party content or third-party software.

SECTION 18 – CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Ladder Suite with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Ladder Suite, shall be filed within the courts having jurisdiction within the County of Suffolk, New York or the U.S. District Court located in said state. You and Ladder Suite agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

SECTION 19 – WAIVER AND SEVERABILITY OF TERMS

At any time, should Ladder Suite fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

SECTION 21 – STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 6 year(s) after said claim or cause of action arose or shall be forever barred.

SECTION 22 – VIOLATIONS

Please report any and all violations of this Agreement to Ladder Suite as follows:

Mailing Address:
Ladder Suite LLC
65 Air Park Drive, STE 12
Ronkonkoma, New York 11779
Telephone: 6318258121
Email: [email protected]

SECTION 23 – GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.

SECTION 24 – FOREIGN ACCESS OF SITE

The Site is controlled, operated and administered by Ladder Suite from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Ladder Suite’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

SECTION 26 – PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Ladder Suite Online Privacy Policy (see the full Privacy Policy at https://app.laddersuite.com/privacy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Ladder Suite and/or our subsidiaries and affiliates.