Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of L8P8 Inc.’s (“L8P8,” “we,” “us,” “our”) website at l8p8.com and at other domains (the “Site”), our desktop, mobile and other applications and applets (the “Apps”), browser extensions and the products and services offered therein and in connection therewith (collectively, the “Service”).

 

“You” or “your” or similar terms refer to you as a user of our Service, including visitors to the Site and users of the Apps.

 

This is a binding agreement. If you use the Service or click accept or agree to these Terms if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not agree to all of these Terms, you are not authorized to use the Service and you must promptly cease using it.

 

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

1. Your Access to the Service

 

Internet Access. When accessing or using the Service on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

 

Your Device. L8P8 is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to security functions and screen display operation features of your device.

 

No Guarantee. Access to the Service may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

 

2. Permitted Use and Restrictions

 

Site License. Subject to the terms and conditions of these Terms, L8P8 hereby grants you a limited, revocable, non-exclusive, personal, non-transferrable, non-sublicensable, and non-assignable license to access and use the Service solely for personal and noncommercial purposes (unless otherwise authorized by us in writing) on a Device that you own or control.

 

License. Subject to the terms and conditions of these Terms, with respect to the Apps and any software, content, or other materials owned or licensed by us that we enable through the Service (“Software and Content”), we hereby grant you a limited, revocable, non-exclusive, personal, non-transferrable, non-sublicensable, and non-assignable license to access, install, and use the Software and Content (including updates and upgrades to the Software and Content provided by us that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for personal and non-commercial purposes (unless otherwise authorized by us in writing).

 

Reservation of Rights. Except for the licenses and rights expressly granted to you herein, no licenses or rights are granted to you by implication or otherwise.

 

Updates. Certain software may be required to access and use the Software and Content. In addition, we may need to automatically update the Software and Content that you obtain through the Service or provide you with new software to keep the Software and Content functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Service, you agree to such automatic updating.

 

Use Restrictions. You may not access or use the Service in any way that is not expressly permitted by these Terms. You may only use the Service for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through the Service. Any transmission, distribution or storing of unlawful material or using the Service and its contents for unlawful purposes may result in termination or suspension of your use of the Service and/or these Terms and may expose you to criminal or civil liability. 

 

You may not do, attempt to do, enable, or encourage anyone else to:

 

• Cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service (including, without limitation, reducing the code used in the Service into a readable form);

• Sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity;

• Violate, misappropriate, or infringe the rights of L8P8, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

• Publish falsehoods, misrepresentations, or misleading statements;

• Promote violence, criminal activity, extremism, terrorism, or hate groups;

• Use the Service in ways that are obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive or initiate or encourage conduct that would be illegal or otherwise inappropriate, such as endangering or exploiting children or others or coordinating harm; and

• Use the Service for any unlawful, prohibited, abnormal or unusual activity as determined by L8P8 in its sole discretion.

 

Eligibility. You may only use the Service if you are an individual 18 years of age or older and able to enter into legally binding contracts. Individuals under the age of 13 are not permitted to use the Service.

 

Investigations. We may, but are not obligated to, monitor, or review our Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 15 (Termination) below.

 

Violation of these Terms. You must not use (or permit a third-party to use) the Service:

 

• In any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service;

• In a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users;

• To collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service;

• Via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service;

• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms;

• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

• Engage in the sending of bulk messages, auto-messaging, auto-dialing, or similar conduct.

 

You acknowledge and agree that you are solely responsible, and L8P8 has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms or for the consequences of any such breach.

 

3. Privacy

 

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). 

Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

 

4. Accounts

 

Accounts. To use certain features of the Service, you may be required to create a L8P8 account (an “Account”) and provide us with a username, phone number, and certain other information about yourself. You are solely responsible for the information associated with your Account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete.

 

Account Security. Maintaining Account security is very important. You agree to notify L8P8 immediately if you become aware of any unauthorized use of your Account. 

Account Sharing or Transfers. Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your Account with, or disclose your password to, anyone else.

 

Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your Account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

 

5. Use of the Service and Subscriptions

 

Subscriptions. To use certain features of the Service, you must enroll in a paid Subscription (a “Subscription Plan”). If you enroll in a Subscription Plan, you will be charged the subscription fee, plus any applicable taxes and other charges (“Subscription Fee”) at the beginning of your Subscription Plan and each Subscription Plan period (e.g., monthly, or as otherwise specified when you enroll) thereafter.

 

Paid Subscription Plans Payment Processor. L8P8 has integrated with one or more authorized third-party payment processors (each, a “Payment Processor”) to process payments. You may be required to enter into one or more agreements with a Payment Processor before enrolling in a Subscription Plan. A Payment Processor may impose limits on your ability to make payments through the Payment Processor’s payment processing services. L8P8 is not a party to such a Payment processor agreements and will not be liable or responsible for any services provided by such a Payment Processor.

 

If a Payment Processor discontinues providing services in connection with the Service, you authorize us and the Payment Processor to share your payment method information with an alternative third-party payment processor that is or will be integrated into the Service.

 

Subscription Renewal. Your Subscription Plan will renew automatically at the end of the applicable subscription period (e.g., at the end of the month for a monthly subscription or yearly for an annual subscription) until you cancel. Renewal rates are subject to change, but you will be notified of any change in your rate and be provided with the option to cancel in accordance with these Terms.

 

WHEN YOU ENROLL IN A SUBSCRIPTION PLAN, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (AS DESCRIBED BELOW). SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR THE SUBSCRIPTION PLAN. 

 

Subscription Cancellation. You may cancel your Subscription Plan at any time through the relevant app store if mobile App related or you may contact us at the contact details in Section 20 (Contact Information) for support. If you terminate the Subscription Plan, your Subscription Plan will not be renewed after your then-current Subscription Plan period ends unless otherwise required by applicable law. 

 

Refunds. Payments for Subscription Fees are nonrefundable and there are no refunds or credits for partially used Subscription Plan periods unless otherwise required by applicable law. Following any cancellation, however, you will continue to have access to the subscription portions of the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscription Plan users. The amount and form of such refunds, discounts, or other considerations, and the decision to provide them, are at our sole discretion. The provision of refunds, discounts, or other consideration in the future for similar instances, nor does it obligate us to provide refunds, discounts, or other consideration in the future, under any circumstance.

 

Changes to the Subscription or Subscription Fee. We reserve the right to change Subscription Plans or adjust pricing for Subscription Plans in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price change or changes to your Subscription Plan will take effect in the next subscription cycle after notice to you.

6. Texts and Emails

 

By agreeing to these Terms or using the Service, you also agree to receive transactional communications from us, including via email, text message (to the extent permitted by applicable law), calls, push notifications, and browser notifications. Communications from us may include responses to your inquiries, operational communications concerning your Account, requests for feedback, or marketing materials.

 

If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself.

7. Location

 

The Service is operated by L8P8 in the United States. If you choose to access the Service from a location outside the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

 

8. Idea Submissions

 

We welcome feedback from our users and appreciate your comments regarding our Service. However, our company policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our users avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a user’s idea.

 

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that: (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances. The foregoing shall not apply to information received in connection with any matter that is subject to a confidentiality agreement between you and L8P8 (if applicable).

 

9. Submitted Content 

 

L8P8 is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Service via any function that allows a user to message, post, or share content (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular you are responsible for ensuring that you do not submit material that:

 

• is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; 

• is false or is a misrepresentation; 

• is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or 

• impersonates another person. 

 

L8P8 may in its sole discretion block, prevent delivery of, or otherwise remove the content of communications as part of its effort to protect the Service or its users, or otherwise enforce these Terms. Further, L8P8 may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of these Terms.

 

L8P8 does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant L8P8 a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and L8P8’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant, and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant the license specified in this Section 9 (Submitted Content).

 

You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and L8P8 has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (iii) L8P8 does not guarantee any confidentiality with respect to your Submitted Content; and (iv) L8P8 is not responsible for any Submitted Content provided by other users that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. 

 

You acknowledge and agree that (I) L8P8 has no control over and is not responsible for the use of Submitted Content by its users, including any user that has downloaded Submitted Content to a personal device; and (ii) L8P8 may not be able to remove Submitted Content that is downloaded onto a user’s Device. L8P8 does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.

 

At L8P8 ‘s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, except to the extent prohibited by applicable law, L8P8 and its designees shall have the right, but not the obligation, in their sole discretion, to refuse to remove any Submitted Content that is available via the Service that violates these Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or violating any party’s intellectual property.

 

You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will L8P8 be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.

 

L8P8 DOES NOT AND CANNOT CONTROL USER-TO-USER CORRESPONDENCE. L8P8 IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL USER-TO-USER CORRESPONDENCE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, L8P8 SHALL NOT BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY USER-TO-USER CORRESPONDENCE, OR THE INFORMATION ON THE SERVICE, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF L8P8, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

10. DMCA Policy

 

L8P8 has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of L8P8 or of a third party, or otherwise violated any intellectual property laws or regulations. L8P8’s policy is to investigate any allegations of copyright infringement brought to its attention.

 

Take-Down Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want L8P8 to delete, edit, or disable the material in question, you must provide L8P8 with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below:

 

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

• Identification of the copyrighted work (or works) claimed to have been infringed;

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit L8P8to locate the material (providing URLs in the content of an email is sometimes the best way to help us locate content quickly);

• Information reasonably sufficient to permit L8P8 to contact you, including your address, telephone number, and e-mail address at which you may be contacted;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law;

• A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 

See 17 U.S.C 512(c)(3) for further information.

 

For this notification to be effective, you must provide it to L8P8’s Designated Agent by email at support@l8p8.com. You can also mail your DMCA request to: 

 

Attn: L8P8 Designated Agent

L8P8, Inc.

5900 San Fernando Rd

Glendale, CA 91202 United States

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

 

If you fail to comply with all of the requirements above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is L8P8’s policy to investigate the claim and, in our discretion, notify the alleged infringer of your claim. If we determine that you have raised a legitimate copyright claim, we will remove or disable access to the infringing material and notify the alleged infringer that we have removed or disabled access to the material. In addition, repeat offenders will have the infringing material removed from the system and L8P8 will terminate such repeat infringer’s Account and/or access to the Service.

 

Counter-Notice. If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

 

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

• Your name, address, and telephone number; and

• A statement that you consent to the jurisdiction of federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

 

If a counter-notice is received by the Designated Agent, L8P8 may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infirnger, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at L8P8’s discretion.

 

11. Intellectual Property Rights

 

Trademarks. L8P8’s name and logo are trademarks and service marks of L8P8. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

 

Ownership. You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of L8P8, and are protected by intellectual property laws. You acknowledge and agree that L8P8, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international intellectual property laws. Further, you acknowledge that the Service may contain information that L8P8 has designated as confidential, and you agree not to disclose such information without L8P8’s prior written consent. Nothing posted on the Service grants a license to any L8P8 trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Service is proprietary information protected by intellectual property laws unless otherwise noted and may not be used except with the written permission of L8P8. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

 

12. Indemnity

 

You agree to defend, indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms; or (iii) your violation of any law, rule, or regulation or of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

 

13. Warranty Disclaimer

 

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete, or up to date.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.

 

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

 

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

 

14. Limitation of Liability

 

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF L8P8, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Your sole remedy for dissatisfaction with the Service including, without limitation, content offered on the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by another user or a third-party, or conduct of another user or third-party on the Service.

 

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for services in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred. THIS TIME PERIOD MAY BE SHORTER THAN OTHERWISE PROVIDED BY LAW.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, L8P8’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON L8P8’S GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

15. Termination

 

Where permissible under applicable law, we have the right to terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, including, without limitation, by blocking you or suspending or terminating your use of the App and/or Subscription Plan, including, without derogating form our general right, if you violate these Terms or other policies or the law, or if we decide not to provide the Service or any part thereof. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Service, or any software, facilities, and services on the Service, with or without notice or to establish general guidelines and limitations on their use.

 

On termination of these Terms for any reason: (i) all rights granted to you under these Terms will cease immediately, (ii) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (iii) you acknowledge that we may restrict your access to the Service. Sections 3, 8, and 11–18 will survive any termination or expiration of these Terms.

 

16. Governing Law

 

These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise, shall be governed by the internal laws of the State of California in the United States, without regard to any choice or conflict of laws principles (whether of the State of California or any other jurisdiction).

 

17. Dispute Resolution

 

Concerns. Most concerns can be resolved quickly by contacting us at the contact details in Section 20 (Contact Information) below.

 

Arbitration Procedures. In the event your concern cannot be resolved informally, you and L8P8 agree that, except as provided in Section 17(e) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 17 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

 

Except as otherwise set forth with respect to the location of arbitration, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and L8P8 will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and L8P8 may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

 

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

 

Location. The arbitration will take place in the City of Los Angeles, California unless the parties agree to video, phone, or internet connection appearances.

 

Limitations. You and L8P8 agree that any arbitration shall be limited to the Claim between L8P8 and you individually. YOU AND L8P8 AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

 

Exceptions to Arbitration. You and L8P8 agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

 

Arbitration Fees. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. 

18. Additional Important Terms

 

Assignment. The rights granted to you under these Terms may not be assigned without L8P8’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

 

Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees, and other expenses incurred by such prevailing party in any legal action relating to these Terms.

 

No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by L8P8 of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

 

Equitable Remedies. You acknowledge and agree that L8P8 would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

 

Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and L8P8 with respect to the Service and supersedes any and all prior agreements between you and L8P8 relating to the Service.

Transfer. We may transfer our rights and obligations under these Terms to another organization but this will not affect your rights or our obligations under these Terms.

 

19. Changes to These Terms

 

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms or contact you through another communication method that we deem reasonable). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

 

20. Contact Information

 

If you have any questions or comments relating to the Service or these Terms, please contact us at support@l8p8.com.