MyACIM.com Terms and Conditions of Use

 

Updated February 7th, 2018

The Terms and Conditions of Use described here constitute a formal agreement between you (sometimes referred to as “you”, “your” or “User”) and Love’s Light Foundation (sometimes referred as “LLF”,“we”, “our” or “us”).

By accessing MyACIM.com (sometimes referred as “website” or “site”), you agree to honor these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please discontinue your use of this website immediately.

Quotes from A Course in Miracles© found on this website are from the 3rd Edition, published in 2008 by the Foundation for Inner Peace and are used with permission. For more information on A Course in Miracles©, contact the Foundation for Inner Peace directly at P.O. Box 598,  Mill Valley, CA 94942-0598, www.acim.org and info@acim.org.

 

Section A: The Love’s Light Foundation Service

 

1. Our Role

Love’s Light Foundation serves to promote and support the spiritual awakening of human consciousness. We embrace a variety of nondual teachings, including those taught in A Course In Miracles. We share these teachings through this website, and through a variety of live workshops and retreats.

2. Our Software

We provide this website and other software to enable you to use the Service. We reserve the right to require you to install or update any software updates to continue using the Service. We do not assume any liability for costs or inconvenience associated with fulfilling this requirement. The software and materials contained in this website are protected by applicable copyright and trademark law.

3. Registration

To use all features of our Service, you will first have to register for an account. When you register for an account, we will collect basic information including your name, location and email address.

You shall be responsible for maintaining the confidentiality of your password and agree to take full responsibly for all actions taken via your account and under your login.

You shall be responsible for the accuracy and correctness of information on your account. Please verify your information regularly. We do not guarantee or assume responsibility for inaccuracies.

4. Customer Service

We will provide email support to resolve issues relating to your use of our website.

5. Your Responsibilities

You agree to keep your information up to date and to avoid any activity that would adversely affect other Users experience with the Service. You agree not to spam others and that all messages sent will be in compliance with the CAN-SPAM Act of 2003 and all other applicable laws.

6. User Submissions

You agree not to transmit or upload information that infringes the rights of others or is abusive, harassing, violent, racist, discriminatory, offensive, pornographic, vulgar, obscene, defamatory, invasive of personal privacy, threatening, or otherwise objectionable.

Content of any nature provided by LLF or by other Users, including but not limited to text, images, graphics, photos, videos, is owned by the party contributing such content. As a User of the Service, you are solely responsible for your own submissions. By uploading content, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree not to submit material that contains the intellectual property of a third party unless you have the expressed written permission to use it. The Foundation for Inner Peace has granted permission to quote from A Course in Miracles© throughout this website.

Users shall retain ownership rights of their personal submissions; however, by submitting material to LLF, you grant us the irrevocable, royalty free, fully paid, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with LLF, and to grant these rights to others. In the event you do not have ownership rights of a submission, you shall indemnify LLF for any claim regarding our use of such content.

LLF does not endorse and has no control over User submissions. We cannot guarantee the authenticity of any data which Users may provide. LLF has no obligation to monitor the site, Service or any User submissions. We may remove User submissions at any time for any reason or for no reason at all.

LLF does not guarantee confidentiality with respect to any submissions and will not treat submissions as confidential. When using the Service, you may be exposed to User Submissions from a variety of sources. Under no circumstances is LLF responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

7. Donations

We are sustained by donations from our Users and do not charge a fee to use the service.

If you choose to support our ongoing work with a one-time or reoccurring monthly credit card donation, you warrant that such credit card is good and valid, that you are an authorized user of such credit card, and you authorize Love’s Light Foundation to automatically charge such credit card for the amount(s) specified by you. You may discontinue future reoccurring donations anytime by emailing support. LLF’s billing system is completely paperless and will not generate a paper receipt.

8. Security

LLF maintains reasonable administrative, technical and physical procedures to protect all personal information stored on our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information at your own risk.

9. Privacy

Your privacy and the protection of your data are very important to us. We recommend you review our Privacy Policy, which will help you understand how we collect, use and safeguard the information you provide to us.

10. Privacy of Others

If you receive information about others through the use of the Service, you must keep such information confidential and only use it in connection with the Service.

You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the User to do so.

11. Age Requirements

The Service is only available to individuals who are at least 13 years old. You represent and warrant that you are at least 13 years old, and that all registration information you submit is accurate and truthful. LLF does not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are using our Service. If we learn that we have inadvertently collected Personal Information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 13, please contact us.

12. Restricted Use

You are required to obey all laws, rules, and regulations applicable to your use of our Service (for example, those governing consumer protections, unfair competition, anti-discrimination or false advertising).

You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access LLF systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from LLF; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other Users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed within this document.

13. Suspicion of Unauthorized or Illegal Use

We reserve the right to close and permanently delete an account which we believe is in violation of this Agreement, any other LLF agreement, or exposes you, other Users or LLF to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you or your account if we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose.

14. Disclosures and Notices

You agree that LLF can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in account, or mailing them to the address listed in your account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to email address on file.

 

Section B: Termination and Other General Legal Terms

 

1. Term

By accessing this website, you are agreeing to these Terms and Conditions of Use. This Agreement is effective upon the date you first accessed this website and continues so long as you use the Service, have an account, or until terminated by LLF.

2. Termination

You may terminate this Agreement by closing your account. To do so, simply email support. We may terminate this Agreement and close your account at any time for any reason effective upon providing you notice in accordance with Section A14 above. We may suspend your account and your access to the Service, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Service because of the risk associated with your account for any reason; or (ii) you do not comply with a provision of this Agreement.

3. Effects of Termination

Termination does not relieve you of your obligations as defined in this Agreement. Upon termination you agree: (i) to immediately cease your use of the Service (ii) discontinue use of any LLF trademarks and to immediately remove any LLF references and logos from your Site (iii) or other trademarks to continue to be bound by this Agreement (iv) that the license granted under this Agreement shall end, (v) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (vi) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.

4. Your License

LLF grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service subject to your compliance with the terms and conditions provided in this Agreement. You may not access the Service for purposes of monitoring its availability, functionality, performance, or for any other benchmarking or competitive purposes.

The Service includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by LLF. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when we make these updates available.

5. Ownership

The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights to our trademarks or service marks.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our offerings (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place  LLF under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LLF does not waive any rights to use similar or related ideas previously known to LLF, or developed by its employees, or obtained from sources other than you.

6. Your Liability

Without limiting the foregoing, you agree to defend, indemnify, and hold harmless LLF and their respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and (ii) your use of the Service; (iii) your, or your employee’s or agent’s, negligence or willful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions.

7. Confidentiality

All confidential information and all of Love’s Light Foundation’s trademarks remain the property of LLF and no license or other rights in the confidential information or such trademarks are granted. You shall not disclose or otherwise make available the site, Service, documentation or other supporting materials, including any information relating to the performance or operation of the site or Service (including any testing results, benchmarking or opinions), or copies, extracts or derivatives thereof to any third party. During and after the term of this agreement, you shall hold in confidence and protect, and shall not use or disclose confidential information, until such time as all confidential information becomes publicly known and made generally available through no action or inaction of you.

8. Digital Millennium Copyright Act Notice

In accordance with the Digital Millennium Copyright Act, it is the policy of Love’s Light Foundation to remove content that we believe in good faith to be copyrighted material that has been copied and distributed by any of our Users, advertisers, affiliates or content providers without the permission of the copyright holder.

If you believe that content residing on or accessible through the site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the designated agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works, materials or content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that LLF is capable of finding and verifying its existence;
  3. Your contact information including address, telephone number and e-mail address;
  4. A statement that you have a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
  5. A statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of the copyright owner.

Once the proper bona fide infringement notification is received by our designated agent, LLF will remove or disable access to the infringing content; notify the content provider or User that it has been removed or disabled; and terminate repeat offenders access to the site and Service if appropriate.

If the content provider or User believes that the content that was removed or to which access was disabled is not infringing, or the content provider or User believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or User must send a counter-notice containing the following information to the designated agent listed below:

  1. A physical or electronic signature of the content provider or User;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that the content provider or User has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Content provider’s or User’s name, address, telephone number, and e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or User’s address is located, or if the content provider’s or User’s address is located outside the United States, for any judicial district in which LLF is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our designated agent, LLF may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the discretion of LLF.

Please direct all correspondence related to the Digital Millennium Copyright Act to our support department.

9. Representation and Warranties

You represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (iii) the name identified by you when you registered is your name;

10. No Warranties

THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) LOVE’S LIGHT FOUNDATION; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF LOVE’S LIGHT FOUNDATION; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”), WILL CREATE ANY WARRANTY.

WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOVE’S LIGHT FOUNDATION CANNOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11. Limitation of Liability and Damages

IN NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED IN SECTION B10 ABOVE) BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN SECTION B10 ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (IV) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (V) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF LOVE’S LIGHT FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the United States. LLF makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

12. Sole Remedy; Disputes; Arbitration; Jurisdiction

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LOVE’S LIGHT FOUNDATION.

IN THE EVENT OF ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT BETWEEN YOU AND LOVE’S LIGHT FOUNDATION (“Dispute”), YOU AGREE THAT YOUR ONLY REMEDY IS TO STOP USING THE SERVICE.

In the event of any Dispute between You and Love’s Light Foundation, You and Us shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of LLF’s legal department (or other representative of LLF designated by the legal department) shall consult with each other in good faith and attempt to reach a just and equitable solution satisfactory to both parties. You agree not to file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.

In the event that LLF has not been able to resolve a Dispute with you after 60 days, we each agree to resolve Dispute (excluding any LLF claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in San Francisco County, California, unless you and LLF agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing LLF from seeking injunctive or other equitable relief from the courts as necessary to protect any of LLF’s proprietary interests.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS OF USE, YOU AND LOVE’S LIGHT FOUNDATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and Conditions of Use and your use of the Services resides in the Superior Court of California, County of Marin for state court cases, and the United States District Court of the Northern District of California for federal court cases. You agree to submit to the exclusive jurisdiction of such courts and agree not to bring any Disputes in any other court or adjudicative body. You hereby consent to personal jurisdiction in such courts and irrevocably waive any right that You may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Notwithstanding anything to the contrary in these Terms and Conditions of Use, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.

13. Right to Amend

We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Service or software after our publication of any such changes shall constitute your acceptance of this Agreement as modified.

14. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.

15. Parties

This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.

You and LLF are independent contractors with respect to one another, and nothing in this Agreement will be interpreted to create any partnership, joint venture, agency, franchise, or employment relationship.

16. Third Party Services and Links to Other Websites

You may be offered services, products and promotions provided by third parties and not by us. If you decide to use these Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. The LLF website may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by us. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. We expressly disclaim any liability for these websites. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have been linked to from our website, is subject to that website’s own rules and policies.

17. Force Majeure

No party will be liable for nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Section B12.

18. Entire Agreement

These Terms and Conditions of Use and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and LLF with respect to the provision of the Service. In the event of a conflict between this Agreement and any other LLF agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Except as expressly provided in this Agreement, these terms describe the entire liability of LLF and our vendors and suppliers (including processors) and sets forth your exclusive remedies with respect to the Service and your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Survival

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: Sections A(10), B(3), B(5), B(6), B(7), B(10), B(11), B(12).

20. Contact Information

If you have any questions about this agreement, please do not hesitate to contact us using the support page.