| 1. | Personal Use. This Website is only for your own personal, noncommercial use. Your specific use of the LOF’s products or services may also be governed by separate download or use agreements. |
| 2. | Prohibited Uses of the Website. You may not sell, distribute, rent, lease, lend, loan, or sublicense any portion of the Website, modify, alter, or prepare any derivative works of any portion of the Website, decompile, disassemble, or reverse engineer any portion of the Website, or use the Website to develop any other website or content similar to the content of the Website. You may not interrupt or attempt to interrupt the operation of the Website or violate or attempt to violate the security of the Website. |
| 3. | Privacy Policy. The LOF may monitor usage of the Website. As a general visitor to the Website, we may track the pages you view for our web performance records. We do not collect any personally identifiable information unless you voluntarily submit it to us. |
| 4. | Ownership of Rights in the Website and Content. The LOF either owns all right, title, and interest in the Website or has a license to the Website and any content on the Website. The Website and the content are protected by copyright and other rights or laws. You agree that you will not challenge either the LOF’s or any third parties’ rights in the Website or the content. You will not delete or alter any intellectual property notices contained in the Website or the content. |
| 5. | Trademarks and Service Marks. Third party trademarks or service marks used in connection with the Website and the content are those of their respective owners. You are not entitled to use any of these marks without permission of the owners of the marks. Reference to any products services, trademarks, or service marks on the Website or in the content is not an endorsement or recommendation by the LOF of these products or services. |
| 6. | Links to Third Party Websites. The LOF may provide links on the Website to other websites. The LOF is not responsible for other sites linked from within the Website, their content, or their privacy practices. These links are not an endorsement or recommendation by the LOF of these websites or any content of the websites. |
| 7. | International Use. The LOF makes no representations or warranties that the Website is appropriate or available for use outside the United States. If you access this Website from outside the United States, you, and not the LOF, are solely responsible for such use. |
| 8. | Claims of Copyright Infringement. Click here if you believe your copyright in a work has been violated by any content on this Website and this violation constitutes an act of copyright infringement. |
| 9. |
DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS.” THE LOF DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE LOF DOES NOT WARRANT THAT THE WEBSITE OR THE CONTENT ARE ACCURATE, THE FUNCTIONS CONTAINED IN THEM WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER COMPONENTS THAT MIGHT CAUSE DAMAGE TO YOUR PROPERTY, OR THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED.
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| 10. |
LIMITATION OF LIABILITY
THE LOF WILL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE, INABILITY TO USE, OR OPERATION OF THE WEBSITE OR THE CONTENT. THE LOF WILL NOT BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING, FOR EXAMPLE, BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF THE LOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LOF’S TOTAL LIABILITY TO YOU WILL NOT EXCEED $100.
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| 11. | Your Indemnification. You will defend at your sole expense and shall indemnify the LOF and any third parties the LOF uses to implement the Website or the content (“LOF Affiliates”) against any claims filed against them by any third party or damages suffered by them, arising out of, relating to, or resulting from your use, inability to use, misuse, or operation of the Website or the content, or your breach of any of the terms of this Agreement. |
| 12. | Termination. The LOF reserves the right to terminate your access to all or any portion of the Website and the content. |
| 13. | Voluntary Nature of the Agreement. You agree you are accepting this Agreement voluntarily and without duress, you have carefully read it, understand it, asked any questions needed for such understanding, have had an opportunity to consult counsel of your choice before accepting it, and you are waiving your right to a jury trial. |
| 14. | ARBITRATION AND EQUITABLE RELIEF |
| 14.1 | ARBITRATION. In consideration of the LOF providing to you access or use of the Website and the content, you agree to waive all rights to a jury trial and instead agree to arbitrate all claims or disputes with the LOF and the LOF Affiliates arising out of, relating to, or resulting from this Agreement, including any termination or breach of this Agreement (“Disputes”). Disputes shall be subject to binding arbitration under the arbitration rules set forth in the California Code of Civil Procedure Sections 1280 and 1294.2, including Section 1281.8 (the “Act”) and pursuant to California law. You understand that this agreement to arbitrate also applies to all Disputes that the LOF and the LOF Affiliates may have with you. |
| 14.2 | PROCEDURE. You agree that any arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to its Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) in San Mateo, California by one or more arbitrators as described in the JAMS Rules. If there is a conflict between the Act and the JAMS Rules, then the JAMS Rules will take precedence. The arbitrator(s) will have the power to decide any motions brought by any party to the arbitration prior to any arbitration hearing, will issue a written decision on the merits, will have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law, and will administer and conduct any arbitration in a manner consistent with the JAMS Rules. Each party will pay their own arbitration costs pending the arbitrator’s decision. All Disputes must be commenced within one year after the Dispute arises. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction. |
| 14.3 | FEES AND COST. The arbitrator shall award attorneys’ fees and costs to the prevailing party except as prohibited by law. |
| 14.4 | REMEDY. Except as provided by the Act, arbitration will be the sole, exclusive, and final remedy for all Disputes and neither party may pursue court action regarding Disputes. |
| 15. | Miscellaneous |
| 15.1 | Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of California, except for its conflict of law rules. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts in California for all purposes concerning arbitration or court actions pursuant to this Agreement. |
| 15.2 | Integration. This Agreement constitutes the complete and exclusive expression of the agreement between the parties and supersedes all communications relating to the subject matter of this Agreement. This Agreement will not be construed against any party for reason of its drafting or preparation. |
| 15.3 | Severability. If any term of this Agreement is determined to be unenforceable, then that term will be stricken from this Agreement, and all other terms will remain in full force and effect. |
| 15.4 | Assignability. This Agreement is binding upon, and will inure to the benefit of, executors, administrators, and permissible assigns of both parties. You may not assign or transfer any of your rights or delegate any of your duties pursuant to this Agreement. The LOF may assign this Agreement to any entity. |
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