Effective January 01, 2016
LD MICRO TERMS OF SERVICE
Welcome to LD Micro, Inc.
1. The following Terms and Conditions ("Terms") constitute an agreement between you ("you") and LD Micro, Inc. ("LD Micro," "Company," "us," or "our") and govern your use of the website located at http://www.ldmicro.com/ (the "Site") and any information downloaded or obtained from this website (including all communications and interactions with the Company and any actions taken with respect to any of Company's publications or written materials) (LD Micro's "Products" and "Services"). These Terms constitute the entire agreement between the Company and you with respect to such matters. The terms LD Micro, Company, us and our shall include LD Micro, Inc., its representatives, officers, shareholders, subsidiaries, parents, predecessors, successors, affiliates, employees, and agents.
3. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT DOWNLOAD OR OBTAIN ANY CONTENT FROM IT.
4. Both you and the Company agree, with the limited exceptions noted and as further provided below, to resolve all disputes between you and the Company through BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
5. LD Micro is the provider of the Products and Services available on the Site, which permits you to access the digital contents appearing thereon for end user use only under the terms and conditions set forth in these Terms.
6. End user means a user of the LD Micro Products and Services available on its Site who are not an employee, onsite contractor, or onsite agent of Company or its affiliates.
7. Only persons age 18 years or older may access the Site and view or download Company's Products and Services. Company's Products and Services are available only in the United States, its territories, and possessions. You agree not to use or attempt to access the Site and/or use Company's Products or Services from outside these locations. LD Micro may use technologies to verify your compliance.
Access to Company's Site and use of its Products and Services requires compatible devices, Internet access, and certain software (for which fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Site and may be required for certain transactions or features and to download Products and Services acquired from Company. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Company's Products and Services are not part of any other Product or offering, and no purchase or obtaining of any other Product shall be construed to represent or guarantee you access to the Site.
8. LD Micro may modify these Terms at any time with thirty (30) days advance notice. The thirty (30) day advance notice period will commence when the revised Terms are uploaded to the Site and made accessible to users. You acknowledge that LD Micro may change these Terms at any time and from time to time pursuant to this provision and that posting the updated Terms on the Site shall constitute adequate and sufficient notice, and you further agree to check for updates from time to time. The date the Terms were last updated will be noted at the top of the Terms. The new terms will apply and be fully effective thirty (30) days after the date noted. Any change shall only apply prospectively. Past transactions and interactions shall continue to be governed by the Terms in effect when such transaction or interaction occurred.
Your continued use of the LD Micro website and the related Products and Services following such an update of the Terms constitutes your affirmation that you have read, understand and accept the revised Terms.
With respect to your downloading and/or obtaining use of our Products and Services, these Terms constitute the entire agreement between the Company and you. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and LD Micro.
9. YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
10. You represent that: (1) you are at least 18 years of age; (2) you are of legal age to form a binding contract; and (3) you are not a person barred from receiving Products and Services under the laws of the United States or other applicable jurisdictions.
11. You may currently access this Site without registering. You are fully responsible for all activities that occur each time you access our website. Please immediately notify us of any breach of security by contacting us at firstname.lastname@example.org. If you interact with us or with third-party Service providers, you agree all information that you provide will be accurate, complete, and current.
12. You agree you will only access and/or use Products and Services downloaded or otherwise obtained from us in a lawful manner and for the purpose of seeking publicly available information about the companies whose data appear on our website.
13. You agree you will abide by all applicable laws, including privacy and intellectual property laws.
15. You will not use the Products and Services downloaded or obtained from us to contact anyone, process or initiate any transaction, or otherwise engage in any activity that is not reasonably necessary for legitimate business purposes or to comply with applicable laws.
16. You will not share the Products or Services you obtain from us with any third parties, except in the ordinary course of legitimate business, other than law enforcement or other third parties as required by law.
17. At all times, you maintained and currently maintain in the reasonable business judgment of yourself or your employer all appropriate administrative, technical and physical safeguards to protect against a data breach and against accidental loss, alteration, damage or destruction of or damage to data and information on your computer system. At all times, you have had and currently have in the reasonable business judgment of you or your employer appropriate policies and procedures in place that are designed to: (a) protect the security of your data; (b) protect against any anticipated threats to the security or integrity of your data; (c) protect against data breaches; and (d) ensure the proper disposal of any and all Personal Information.
For these purposes, "Personal Information" means with respect to the user, the user's data and/or that of any employee, agent or principal of the user, including, but not limited to, the individual's name, address, telephone number, social security number, driver's license number, state-issued identification card number, financial account numbers, credit card numbers, debit card numbers, email address, or any security code, access code, personal identification number or password that could permit access to a financial account of such individual.
18. Certain Products and Services available from the Site may include materials from third parties. LD Micro may provide links to third-party websites as a convenience to you. You agree that LD Micro is not responsible for examining or evaluating the content or accuracy and LD Micro does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Products, or Services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that LD Micro is not in any way responsible for any such use by you.
You further acknowledge and agree that Company is not responsible for the availability of such external websites or the content provided by any third parties, and does not endorse and is not responsible or liable for any content, advertising, Products and/or other materials or any changes or updates to or available from such websites or from the third party content.. Company is also not responsible for webcasting or any other form of transmission received from any linked site. LD Micro is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by of the site.
Company shall have no liability for any damages or injuries of any kind arising from such content. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, data, information, goods or Services available on or through any such website or otherwise provided to Company by third parties and posted on Company's website. Inclusion of any third party link or other content does not imply an endorsement or recommendation by the Company.
19. We reserve the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof.
20. You agree that LD Micro's Products and Services, including but not limited to any Site content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Site, contain proprietary information and material that is owned by LD Micro and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree you will not use such proprietary information or materials in any way whatsoever except for use of the Site in compliance with these Terms. No portion of the Site or any of its contents may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the LD Micro's Products and Services in any manner, and you shall not exploit these Products and Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of these Terms, LD Micro and its licensors reserve the right to change, suspend, remove, or disable access to any Products, Services, content, or other materials comprising a part of the Site at any time without notice. In no event will LD Micro be liable for making these changes. LD Micro may also impose limits on the use of or access to certain features or portions of the Site, in any case and without notice or liability.
All copyrights in and to the Site and its contents (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by LD Micro and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF LD MICRO'S PRODUCTS AND SERVICES, EXCEPT FOR USE OF THE THOSE PRODUCTS AND SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
LD Micro, the Company logo, and other LD Micro trademarks, Service marks, graphics, and logos used in connection with the Site and LD Micro's Products and Services are trademarks or registered trademarks of Company in the U.S. and/or other countries. Other trademarks, Service marks, graphics, and logos used in connection with the Site and LD Micro's Products and Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks, Service marks or logos.
21. Certain materials available on or through the Site are our Works (i.e., content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Site. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal or legitimate business use in connection with using the Site. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.
PROCEDURE FOR MAKING COMPLAINTS
22. If you believe your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Site, please contact us at email@example.com. Where appropriate, we will work to prevent unlawful activity from taking place on or through the Site.
PROHIBITED CONDUCT/REPRESENTATIONS AND WARRANTIES
23. LD Micro's Products and Services may not be used in violation of any law or in any way that interferes unreasonably with other's use of the Site. Doing so shall be deemed not for legitimate business use. Therefore, you represent and warrant that you will not use the Site to:
- Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Act in a manner that negatively affects other users' ability to use the Site, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
- Misrepresent any fact (including without limitation your identity);
- Make any attempt or assist others to make any attempt to upload or install into our Site any software, software virus(es) or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of Service attack or similar conduct;
- Exceed your authorized access to any portion of the Site;
- Collect or store personal data from or about anyone from our Site;
- Modify without permission any part of the Site;
- Obtain, attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Site;
- Exploit errors in the design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; and/or
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass or seek to bypass any measures we may use to prevent or restrict access to the Site.
INFORMATION AVAILABLE FOR REVIEW/DOWNLOAD
24. Although we make reasonable efforts to provide accurate and complete information as aggregated, typographical errors or mistakes may occur. We reserve the right to correct such mistakes and errors. In the event information (financial and otherwise) is incorrect or inaccurate, we shall have the right, in our sole discretion, to correct it once the error comes to our attention and agree to do so within a commercially reasonable amount of time. Company is not responsible for typographic errors.
25. You agree to indemnify and hold the Company and its representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents harmless from any and all third party claims, demands, actions, suits, losses, obligations, liabilities, judgments, proceedings, damages, expenses and costs (including actual attorneys' fees and expenses), based upon, relating to, or arising under or out of the relationship between you and us as described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
DISCLAIMER OF WARRANTIES
26. YOU USE THIS SITE AND OUR PRODUCTS AND SERVICES AT YOUR SOLE RISK. THIS SITE AND THE CONTENT OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SITE AND ITS CONTENT AND OUR PRODUCTS AND/OR SERVICES OBTAINED IN ANY MANNER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED THAT: (1) THIS SITE OR OUR PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (3) THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED; OR (4) THE SITE, OUR SERVERS OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SITE. NO INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF OURS HAS ANY AUTHORITY TO BIND US TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY RELATING TO OUR PRODUCTS OTHER THAN AS SPECIFICALLY PROVIDED HEREIN.
LIMITATION OF LIABILITY
27. LD MICRO SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF OUR PRODUCTS OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE, OR OTHER GROUNDS. THIS LIMITATION DOES NOT, HOWEVER, EXTEND TO DIRECT OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
28. LD MICRO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (A) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED BY THE SITE (THROUGH ANY MEDIUM); (B) RECOMMENDATIONS OR ADVICE PROVIDED BY CUSTOMER SERVICE; (C) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE OR USER INTERFACES AND ANY COMPANY PRODUCTS OR SERVICES, (D) DELIVERY AND/OR DISPLAY OF ANY PRODUCTS OR SERVICES BY COMPANY (THROUGH ANY MEDIUM); (E) ANY LOSSES OR DAMAGES ARISING FROM THE USE OR VIEWING OF THE CONTENT, SOFTWARE OR SERVICES PROVIDED BY LD MICRO, INCLUDING BUT NOT LIMITED TO ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF CONTENT, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE, OR ANY CONDUCT BY USERS OF THE LD MICRO SERVICES, PRODUCTS, WEBSITE OR USER INTERFACES.
30. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY OR DAMAGES. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
31. If you have a dispute with one or more users of the Site, or with any party who provides advertising or third-party Services, on, or through the Site, or with any party who provides a website linked to on the Site or from third party content which is posted on the Site, you release the Company from all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you have a dispute with any third party in any way pertaining to our Products or Services, you release the Company from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542 which says:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
DISPUTES AND DISPUTE RESOLUTION
BINDING ARBITRATION AGREEMENT AND
CLASS WAIVER DISCLOSURE
33. PRE-FILING MEDIATION. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail, a written Notice of Claim ("Notice"). If you are the claimant, the Notice to LD Micro must be addressed to: 11040 Bollinger Canyon Rd., Ste E-405, San Ramon, CA 94582.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.
34. ADDITIONAL ARBITRATION PROVISIONS:
Settlement Offers: During the arbitration, the amount of any settlement offer made by you or LD Micro shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 725 S. Figueroa St., Suite 400, Los Angeles, CA 90017.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after LD Micro receives notice of the initiation of arbitration, it will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the American Arbitration Association, 725 S. Figueroa St., Suite 400, Los Angeles, CA 90017. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
Location of Hearing: Unless LD Micro and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Award Enhancement: If the arbitrator issues you an award that is greater than the value of LD Micro's last written settlement offer made before an arbitrator was selected (or if LD Micro did not make a settlement offer before an arbitrator was selected), then LD Micro will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Class Waiver: YOU AND LD MICRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LD Micro agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth herein shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
35. Use of this Site, any uses of our Products and Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site or the content contained on the Site shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
36. These Terms provide for final, binding arbitration of all disputed claims (discussed elsewhere herein). The Company and you agree, however, it would be advantageous to discuss and hopefully resolve any disputes before arbitration or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant (whether you or the Company) shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is the claimant, the letter shall be sent to 11040 Bollinger Canyon Rd., Ste E-405, San Ramon, CA 94582. If the dispute is not resolved within sixty (60 ) days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
37. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of making your first accessing the Site, you must send a letter to LD Micro, Inc. at 11040 Bollinger Canyon Rd., Ste E-405, San Ramon, CA 94582 that specifies (1) your name, (2) your IP address(es), (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove the request was postmarked within the applicable 15-day deadline.
38. If you fail, or LD Micro suspects that you have failed, to comply with any of the provisions of these Terms, LD Micro, at its sole discretion, without notice to you may: (i) terminate the license to the software; and/or (ii) preclude access to its Site and any and all Products and Services (or any part thereof).
LD Micro reserves the right to modify, suspend, or discontinue the Site and/or its Products and Services (or any part or content thereof) at any time with or without notice to you, and will not be liable to you or to any third party should it exercise such rights.
NOTICE FOR CALIFORNIA USERS
39. Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
40. These Terms constitute the entire agreement between you and Company and govern your use of this Site and our Products and Services.
41. These Terms supersede any prior agreements between you and Company with respect to this Site and our Products and Services.
42. These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
43. No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
44. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Company's representatives, officers, shareholders, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries.
45. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
46. Any failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
47. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
48. The headings in these Terms are for convenience only and have no legal or contractual effect.
49. We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Site or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.
50. "Include," "Includes," "Including," "include," "includes," and "including" herein mean including without limitation.
All statements and expressions are the sole opinion of the company and are subject to change without notice. The Company is not liable for any investment decisions by its readers or subscribers. It is strongly recommended that any purchase or sale decision be discussed with a financial advisor, or a broker-dealer, or a member of any financial regulatory bodies. The information contained herein has been provided as an information service only. The accuracy or completeness of the information is not warranted and is only as reliable as the sources from which it was obtained. Investors are cautioned that they may lose all or a portion of their investment in this or any other company.
Information contained herein contains "forward looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities and Exchange Act of 1934, as amended. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical facts and may be "forward looking statements". Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements may be identified through the use of words such as "expects", "will", "anticipates", "estimates", "believes", or by statements indicating certain actions "may", "could", "should" or "might" occur.