Effective date: March 8, 2017
By accessing, registering for, and/or using the Services, including browsing the Site, you are indicating that you have read, understand, and agree to be bound by the terms of this Agreement, and that you are at least eighteen (18) years of age. If you do not agree to any of these terms and condition or are under the age of eighteen (18), please do not use LOT’s Services.
LOT may amend this Agreement or change, suspend, or discontinue the Services at any time in its sole discretion, and you agree that any posting of modified terms constitutes notice to you. Any such modifications shall take effect immediately. By your continued use of the Services, you agree to comply with all the terms and conditions in the Agreement effective at that time. Therefore, you should review the Agreement prior to any and every access or use of the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LOT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGTH TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where this Agreement or use of the Services is prohibited, or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. The Services are offered only for your use, and not of the use or benefit of any third party.
LOT includes all materials that are included in, made available on, or are otherwise a part of the Services, including, without limitation, information, text, data, photographs, videos, audio clips, articles, illustrations, application software, technologies, source and object codes, designs, graphics, layouts, artwork, the “look and feel” of the Services, and advertisements supplied by LOT or its licensors (the “LOT Content”). LOT Content is protected by intellectual property laws, including copyright, trademark, service marks, and other proprietary rights of the United States.
LOT grants you a non-exclusive, non-transferrable, revocable and limited license to access and use the Services and LOT Content in the manner described in this Agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display LOT Content, except as permitted by the fair use doctrine or as authorized in writing by LOT. You may not sell, license, rent, or otherwise use or exploit the LOT Content for any commercial use or in any way that violates any third-party right.
Availability of Content
LOT does not guarantee that any LOT Content will be made available on or through the Services. LOT reserves the right to, but does not have an obligation to: (a) remove, edit, modify, or otherwise manipulate any LOT Content in its sole discretion, at any time, with or without notice to you and for any or no reason; and (b) to remove or block any Content from the Services.
You acknowledge that LOT may receive compensation in connection with advertisements or stories on the Site, including through sales made through links and other resources that appear on the Services. LOT is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
Rules of Conduct
You will not use the Services for any purpose prohibited by this Agreement. You will not including violating any laws or regulations.
Third Party Links
LOT reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any part thereof) with or without notice. LOT will not be liable to you or any third party for any such modification, suspension, or discontinuation of the Services. LOT may, in its sole discretion, with or without notice to you, immediately terminate your access to the Services, and will not be liable to you or any third party for such termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your use of the Services and any damage to your computer or mobile device or loss of use.
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, LOT MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE SERVICES WILL BE SECURE OR AVIALBLE AT ANY PARTICULAR TIME OR PLACE. FURTHER, LOT DOES NOT MAKE WARRANTIES OF ANY KIND WITH RESPECT TO ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED THROUGH THE SERVICES (REGARDLESS OF WHETHER LOT HAS RECEIVED PAYMENT IN CONNECTION THEREWITH) AND DOES NOT MAKE ANY REPRESENTATIONS OR ENDORSEMENTS REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR ANY OTHER MATERIAL DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICES OR AVAILABLE THROUGH LINKS IN THE SERVICES. ALTHOUGH LOT INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, LOT DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES, AND WILL NOT BE LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless LOT, its officers, directors, employees, agents, licensors, suppliers, partners, and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to use of the Services, including negligent or wrongful conduct) by you or any other person accessing the Services via your email account(s), social media account(s), or ISP address. LOT reserves the right to take over the exclusive defense of any claim, in which event you will assist and cooperate with LOT in asserting any available defenses. This section will survive termination of your access to the Services.
Limitation of Liability
LOT, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR YOUR USE OF OR ATTEMPT TO USE LOT’S SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, REVENUE, USE, DATA, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF LOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES IS $500.00. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusion of liability may not apply to you. You may have other rights that vary from state to state. The Services are controlled and offered by LOT from its offices in the United States of America. LOT makes no representation that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If a dispute arises between you and LOT, you agree to first contact LOT and attempt to resolve the dispute with LOT informally. If LOT has not been able to resolve the dispute with you informally, you and LOT each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding, individual arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA 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 prevent either party from seeking injunctive relief or other equitable relief from the courts for matters related to intellectual property or unauthorized access to the Services and Site. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law regarding arbitration. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS LOT AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LOT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This arbitration agreement will survive the termination of your relationship with LOT.
This Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California, for any actions not subject to the Arbitration Section. Any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Entire Agreement and Severability
This Agreement constitutes the entire agreement between you and LOT and governs your use of the Services, superseding any and all prior and/or contemporaneous agreements between you and LOT. You may also be subject to additional terms and conditions that may apply with you use other services, affiliate services, or third-party services. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
LOT shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LOT’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The Agreement, and any rights and licenses granted hereunder, may not be assigned or transferred by you, but is fully assignable by LOT. Any attempted transfer or assignment in violation hereof shall be null and void.
No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
LOT reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if LOT so chooses.
The headings in the Agreement are for convenience only and shall not affect their interpretation.
You may contact LOT at the following address: Encino Office Park IV, 6345 Balboa Blvd. STE 384 Encino, CA 91316