Local Social Pro – Terms & Conditions
EFFECTIVE JANUARY, 2015
- If you disagree with any of these Terms and the Agreement in any way, please do not proceed any further and leave this Website and the LSP Network immediately, and do not use the Services. Please read these Terms carefully, as they contain important information about limitations of liability, resolution of disputes, and important waivers. If you have any questions or need any clarifications, please contact us before using the Website and the LSP Network.
- You are not authorized to use this Website unless you are at least 18 years of age and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Website after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Website and the LSP Network.
- This Website and LSP Network is operated by LSP with a registered office at 448 S. Hill Street Suite 418, Los Angeles CA 90013. LSP can be contacted at firstname.lastname@example.org.
- Only those Users that are permitted under the laws of the jurisdiction in which they use the Website and LSP Network shall be permitted to accept these Terms and continue using the Website and LSP Network.
Accounts and Payments
- When registering for LSP, you must provide accurate and complete information. Once you register, choose a plan and provide payment details, your account will be activated on a month to month basis (“Account”), commencing on the date you first agreed to subscribe to LSP (“Subscription Date”). You will be billed on this Subscription Date, and you will continue to be billed the applicable membership fee corresponding to your account type (as detailed on the Website) (the “Membership Fee”) automatically by direct deduction on the monthly anniversary of your Subscription Date. Your Account will automatically renew unless you cancel the payment of the Membership Fee at least seven (7) days in advance of the monthly anniversary of your Subscription Date by emailing us at email@example.com.
- It is your responsibility keep your account information updated with LSP, including but not limited to, your personal and professional contact information, your website address, and your payment information. If a payment fails for any reason, your marketing may remain online for up to thirty (30) days and we will contact you to collect payment information. Your obligation to pay all amounts due to LSP will remain until such amounts are paid in full. If payments on your account are not brought to current within thirty (30) days, we reserve the right to turn over your account to a collection agency. If a cancellation is not made within seven (7) days of the automatic renewal date of an Account, LSP cannot prevent an automatic charge on the Account. As apart of your subscription, although we hold no contracts, we do have a term agreement in place that you will keep your subscription active for a minimum of sixty (60) days. By subscribing to our services, you are automatically agreeing to a minimum subscription of sixty (60) days. All established monthly or annual fees are generally non-refundable. If a cancellation is made on an annual subscription before the end of the renewal date, the total monies collected for the pre-paid plan is 100% non-refundable. If you have any questions regarding registration or billing, please contact us at firstname.lastname@example.org.
- In the event that you wish to downgrade your Account from an “Elite Account” to a “Boost Account” or Pro Account”, or from a “Boost Account” to a “Pro Account” or cancel your subscription (as each type of account is defined on the Website), you must notify LSP via phone at 877-505-6225 and by email at email@example.com of such a request for the applicable downgrade at least seven (7) days in advance of the monthly anniversary of your Subscription Date for the change to take effect before the next billing cycle.
General Use – Permissions & Restrictions
Unless specified otherwise, LSP offers you access to the LSP Network and permission to use this Website provided, among other things, that:
- You act responsibly in using this Website and LSP Network;
- You do not alter or modify any part of the Website or LSP Network, including any related technologies; and
- You do not upload materials or access content through any unauthorized means or technology;
- LSP offers you access to the LSP Network solely for your personal and non-commercial uses. You agree to access or use the LSP Network solely for legal purposes and in a manner that is permitted by these Terms.
- Upon registering, it is important that you keep your password secure and confidential. LSP will restrict the use of vulgar, inappropriate and offensive usernames. In the event that you become aware of any unauthorized access to your account, you must notify LSP immediately by sending an e-mail to: firstname.lastname@example.org. You will be solely responsible for all activities taking place in connection with your account. You will not be entitled to use another user’s account without permission.
You agree not to conduct any unauthorized activities, without the prior written authorization of LSP, including but not limited to:
- Modifying, reproducing, copying, displaying, publishing, transmitting, distributing, licensing, creating derivative works from, using on any other website, framing in another webpage, transferring or selling any software, information, user databases or other lists, products or services provided through or obtained from the LSP Network, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity for the purpose of obtaining user lists, databases or other information;
- Selling access to this Website, the LSP Network or the Services on another website, or selling advertisements of any website that targets users to the materials that have been uploaded onto this Website or to the LSP Network;
- Promoting or advertising any commercial services or products unconnected with the products agreed to be promoted in the course of our Services, including the management or organization of any other business carried out by you or any third party;
- Damaging, disabling, or impairing the LSP Network or interfering with any other party’s use and enjoyment of the LSP Network;
- Obtaining or attempting to obtain any information or materials through any unauthorized means which are not readily accessible to users through the normal use of the LSP Network;
- Accessing or attempting to access password protected, non-public or secure areas of the LSP Network;
Creating links from any website or webpage to any page within the LSP Network; provided, however, that, upon prior written notice to LSP, you may create a link directly to any of the LSP Network homepages. The origin of any link to any LSP Network homepage must be accompanied by a prominent and clear attribution indicating that the link is connected to the LSP Network homepage. By creating such a link, you agree, represent and warrant that:
- You will not employ any technology that results in the placement of content from the LSP Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the appearance of the LSP Network from how it would appear if a user typed the URL in a typical browser line;
- Your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, discriminating, disparaging or otherwise offensive;
- You shall not in any manner access, collect, use or transfer any information obtained or derived from a user’s access to, or use of, the LSP Network; and
- You have duly registered your domain name and possess all intellectual property and other rights necessary to use the same.
- Such other activities that LSP may specify in its sole discretion from time to time.
- LSP reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that LSP so requests.
- LSP may in its sole and absolute discretion and at any time terminate your access to and use of the LSP Network, or any part thereof, with or without notice. You further agree that use of the Website and LSP Network and any of its services shall be immediately terminated if you violate these Terms. LSP reserves the right, in its sole and absolute discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you. The services provided through the LSP Network may also be located on third party websites or applications, via a link, click-through advertising, or otherwise.
- Unless specified otherwise, LSP offers you access to the LSP Network and permission to use this Website provided, among other things, that:
Disclaimers of Representations, Warranties, and Liability
- LSP will not be liable to you for any losses incurred by the user as a result of your unauthorized use of your Account or any part of the LSP Network. You shall be liable to LSP for any losses incurred by LSP due to such unauthorized use of your Account or any party of the LSP Network.
- Nothing contained in any of these services is an offer or promise by LSP to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.
- LSP does not make any representation or warranty with respect to any third-party services and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party services, and you hereby release LSP from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
- As part of the Services, LSP may post photos on third-party platforms. LSP does not make any representation or warranty with respect to, and hereby disclaims all liability for, any stock photos, including but not limited to those which are publicly available, used by LSP in providing the Services and/or posted by LSP on third-party platforms, and LSP is not responsible for the accuracy, sufficiency, veracity, completeness, or timeliness thereof.
- In providing the Services, LSP reserves the right to reuse templates, styles, and/or stock imagery that it has licensed from Shutterstock or obtained from other free or similar sites. LSP does not make any representation or warranty with respect to, and hereby disclaims all liability for, the use of any names, logos, marks, trademarks, or any other intellectual property of any type, including, but not limited to, those that reflect memberships of the real estate service providers, other service providers, state licensing boards, accreditations, memberships and the like.
- You acknowledge that certain interactive services may be financial or mortgage tools that provide information and customized information based on data that is inputted by the user. These tools are for the purpose of performing calculations and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
- You may be subject to additional and/or different terms, conditions, and privacy policies when you use third-party services, content (as defined below), software or sites.
- LSP has no obligation to you other than those expressly set forth in this Agreement or as provided by law. LSP may, therefore, refuse to remove any materials from this Website or LSP Network in its sole and absolute discretion. LSP does not endorse the content of any materials, opinion, recommendation or advice uploaded onto the Website or LSP Network by you or any agent and expressly disclaims any and all liability in connection with the uploading of such materials by you.
- LSP does not tolerate any acts of intellectual property infringement or violations of the laws of the United States or of any other applicable jurisdiction. LSP will use its reasonable efforts to remove, disable, or restrict access to or availability of materials that LSP considers to be infringing. LSP explicitly disclaims liability to the furthest extent of the law for any and all claims of intellectual property infringement by any party at any time.
Use of Content in the LSP Network
- The LSP Network and all of its contents including, but not limited to, all information, text, software, scripts, graphics, images, photos, illustrations, designs, icons, videos, sounds, messages, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements and other content or materials on the LSP Network (collectively, “Content“) is owned by LSP and/or third parties with all rights reserved unless otherwise noted.
- As part of your Account, LSP grants you a limited license to access and use the LSP Network and content solely for informational, personal and non-commercial purposes (including printing individual pages from the LSP Network, provided that you retain all copyright and other proprietary notices contained thereon). You are prohibited from downloading (other than page caching), copying, distributing, transmitting, reproducing, broadcasting, displaying, modifying, selling, licensing, or otherwise exploiting Content on this LSP Network whatsoever without the prior written consent of LSP, except where the Website or other parts of the LSP Network is configured to enable a download, whereupon you may download one copy to a single computer for home-usage. LSP is not responsible for the websites to which LSP is linked and does not assume any affiliation with any other websites unless otherwise stated.
- You are otherwise prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content from the Website or the LSP Network, except materials owned by or licensed to you.
- All third-party content posted on, transmitted through, or linked from the LSP Network, is the sole responsibility of the third-party originator of such content. Content is provided through the LSP Network on an AS IS basis, and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall LSP be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the Services, including any part of the LSP Network. You acknowledge that LSP does not screen or approve third-party content and that LSP shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any content that is available via the LSP Network, for any reason.
- To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) content on or through the LSP Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide or otherwise make available via the LSP Network. You also warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to transmit such content, and to transfer your or others’ interests in such content to LSP as provided below.
- You promise that you will not use the LSP Network to: Transmit any content that: (1) may violate any third party or LSP’s intellectual property rights (including but not limited to copyright and rights of publicity and privacy), (2) may violate any applicable federal, state or local law, (3) is false or misleading, (4) includes personal information of another that can be used to identify or contact any person, (5) includes unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations; (6) is lewd, obscene, offensive, demeaning, abusive, or (7) violates the laws of the country or other applicable jurisdiction in which you access and/or use and/or Transmit onto this Website or LSP Network; or (8) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act. By transmitting content to the LSP Network, you grant, and you represent and warrant that you have the right to grant to LSP an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the content and to prepare derivative works of, or incorporate into other works, the content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
- Furthermore, by posting content to any public area of the LSP Network, you grant LSP all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the LSP Network by any party for any purpose.
- All materials that are uploaded or Transmitted by you are subject to approval by LSP.
- You hereby waive your moral rights in respect of the materials uploaded to the LSP Network and LSP hereby grants to each User of this Website or the LSP Network a non-exclusive license to access the materials, and to use, reproduce, distribute such materials as permitted through the functionality of this Website and under these Terms. You further grant LSP and our affiliates the ability to register copyright in and protect your contributed content, including the images, copy, and content available via any materials, from the unauthorized use of the contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution. You agree that LSP may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of your provided materials or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any Vendor or Agent contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with such contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of such contributed content by us or our affiliates.
- The licenses granted by you this Section 6 above will terminate when you remove or delete materials from the Website or LSP Network. In the event that you elect to terminate your Account and these agreements based on these Terms, the above licenses granted by you in the materials that are not removed or deleted by you prior to the closing of the Account are perpetual and irrevocable but are otherwise without prejudice your ownership rights.
- LSP Intellectual Property. All materials of the LSP Network (as well as the organization and layout of the LSP Network) are owned and copyrighted or licensed by LSP, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials of the LSP Network is permitted without the written permission of LSP. Any rights not expressly granted herein are reserved. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Local Social Pro’s Designated Agent set forth below, and LSP also asks that you promptly notify LSP by e-mail at the following address: email@example.com or by clicking any of the “report” buttons on the Website. Where such communication takes place by e-mail, in order for LSP to respond effectively, please provide us with as much detail as possible.
LSP Network Campaign
- When you opt-in to the service, we will send you an SMS message to confirm your signup.
- The message will read: “Congratulations on taking the first step to Social Media Success! Before we send over your mock-up sample of your Facebook Business Page, please reply “Yes” to confirm that it’s okay to message you”.
- You can cancel the SMS service at any time. Just text “STOP” to the short code or number we messaged you from. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions by phone, email or SMS message on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive no more than 4 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org.
Data Protection & Confidentiality.
- If you do not wish to receive LSP’s newsletter and/or automatic e-mail correspondence, you must unsubscribe by clicking the “unsubscribe” link in the correspondence in question.
- In the event that you wish to close your Account and terminate this Agreement, you may do so by providing notice (subject to Section 2) to LSP via e-mail to email@example.com or by clicking the “close account” button when logged into your account.
Use of Third-Party Social Media Sites
- By using the Services, you understand and agree that any or all items posted on Social Media Sites may be forwarded or used for purposes other than originally intended. LSP explicitly disclaims any liability to you or to any third-party for any Posts made by LSP or by you. In accepting these Terms and the Agreement, you also accept the terms of each Social Media Site that you use, to the extent that you use the same.
- You are responsible for assuring that any listing of qualifications, credentials or training provided to LSP or contained on any Social Media Site is current, accurate and not misleading. Any changes to the foregoing shall be promptly reported to LSP or revised on the site. You shall not falsely claim association with any person or group. Notwithstanding any provision herein, you are responsible for complying with the license laws and regulations governing the conduct of licensees and all applicable local, state and federal laws and any standards established in any code of ethics.
- To the extent that you provide text to LSP or make or edit Posts, all text shall be your own and shall not be plagiarized or copied from another party without that party’s permission. This shall not prohibit the use of reasonable quotations from the writings of others or writing for which you have received permission to use or using writings consistent with the practices of the site (e.g., “retweeting”), and the same rights shall apply to LSP. No content which infringes the rights of any third party may be used and any discovery of the same by LSP will be edited or removed by LSP in its sole discretion and ability.
- To the extent that you provide photos, audio or video to LSP or make or edit Posts with photos, audio or video clips, you are responsible for assuring that that you are authorized to use any photo, audio or video clips posted to the LSP Network and that the same comply with all intellectual property laws, including but not limited to copyright. You agree to disclose any material alterations of photos, audio or video clips. You are responsible for securing permission to post for marketing purposes the image of another person that you provide to us for use and posting on the LSP Network.
Facebook Pages Terms
- As part of registration for an Account, you will be provided with the option to link your Facebook Business Page to your Account. By doing so, you accept the Facebook Pages Terms located at www.facebook.com/page_guidelines.php, as well as its Data Policy and Statement of Rights and Responsibilities, which apply to all Pages on Facebook. Additionally, all content on Pages must comply with Facebook’s Community Standards. You are responsible for ensuring that your Page complies with all applicable laws, statutes, and regulations.
Instagram Business Tools Terms
- In order to comply with Instagram’s Term of Use, you acknowledge that LSP will, and hereby does, grant Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use any content posted by LSP on or through the Instagram services.
Twitter for Business Terms
- In order to comply with Twitter’s policies, you acknowledge that LSP will and hereby does accept Twitter Ads policies found at https://business.twitter.com/en/help/ads-policies/introduction-to-twitter-ads/twitter-ads-policies.html, and that you shall also accept the same to the extent that you use the Twitter services.
NAR and DRE Compliance
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE LSP NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOVE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE LSP NETWORK, SERVICES AND/OR CONTENT. LSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO USER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY “SOCIAL MEDIA SITE” AND ANY REAL ESTATE AGENCY, ASSOCIATION, OR THE LIKE, WHETHER GOVERNMENTAL OR NOT, INCLUDING BUT NOT LIMITED TO “NAR” AND “DRE”.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD LSP, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU, OR FOR YOU, TO THE LSP NETWORK AND/OR LSP AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL MOVE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION: DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LSP NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE LSP NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE LSP NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE LSP NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE LSP NETWORK, AND ALL OTHER USE OF THE LSP NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOVE NETWORK, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LSP NETWORK.
- CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
- JURY WAIVER. YOU AND WE AGREE TO HEREBY IRREVOCABLY AND VOLUNTARILY WAIVE TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE AGREEMENT AND ANY USE OF THE WEBSITE.
- Force Majeure. LSP shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following: Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disasters; War, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or Government sanction, nationalization, blockage, industrial dispute, labor dispute, lockout, strike or failure of utility service.
- Governing Law. These Terms are governed by the laws of the State of California, without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Los Angeles and/or Central District of California in all disputes arising out of or relating to accessing or using of the LSP Network. Access or use of the LSP Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LSP as a result of the Terms or accessing or using the LSP Network. LSP performance under the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of LSP’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the LSP Network or information provided to or gathered by LSP with respect to such use.
- Severability. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to: the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and LSP), the Terms constitutes the entire agreement between you and LSP with respect to the LSP Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LSP with respect to the LSP Network. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Adam Wilson – Chief Legal Officer