ORANGE TREE APPS, LLC / d.b.a. L-CARD CONNECT and L-CARD LEAD CAPTURE

Terms of Use (L-Card App + L-Card Lead Capture Portal)

Last Updated: July 25, 2023

SECTION 1

MASTER TERMS OF USE

(Applies to L-Card App, https://lcardapp.com, and related Company Services)

State of Indiana Rev. 1343F05
Version Date: May 10, 2022

Terms Of Use Agreement

This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Orange Tree Apps, LLC and its affiliated companies, Websites, applications and tools (collectively, Orange Tree Apps, LLC, “Company” or “we” or “us” or “our”), concerning your access to and use of the https://lcardapp.com Website(s) as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Sites”). The Sites provide the following service: Mobile ad Web applications (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Sites. Persons under the age of 13 are not permitted to register for the Sites or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

Purchases; Payment

Orange Tree Apps, LLC may offer a free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites If you wish to try our free options please read through them carefully first. Orange Tree Apps, LLC will bill you through an online billing account for our Services. By using our paid options you agree to pay Orange Tree Apps, LLC all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Orange Tree Apps, LLC to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Orange Tree Apps, LLC reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

Refund And Return

All sales are final and no refunds shall be issued.

User Representations

Regarding Your Registration

By using the Orange Tree Apps, LLC Services, you represent and warrant that:

A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. your use of the Company Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.

Regarding Content You Provide

We may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to our Sites and/or to or via the Sites’ forms, emails, chat agents, popups, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Orange Tree Apps, LLC will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:

A. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
B. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Orange Tree Apps, LLC and the Sites' users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by our Sites;
D. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Orange Tree Apps, LLC), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
F. your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
G. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.

Contribution License

By posting Contributions to any part of the Sites, or making them accessible to the Sites by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Orange Tree Apps, LLC an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We will not use your contribution in a way that infringes on your rights and always process your personal information lawfully and with your consent.

Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

By uploading your Contributions to the Sites, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.

Guidelines For Reviews

Orange Tree Apps, LLC may accept, reject or remove reviews in its sole discretion. Orange Tree Apps, LLC has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Orange Tree Apps, LLC, and do not represent the views of Orange Tree Apps, LLC or of any affiliate or partner of Company. Orange Tree Apps, LLC does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Orange Tree Apps, LLC a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Orange Tree Apps, LLC to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

Mobile Application License

If you are accessing the Orange Tree Apps, LLC Services via a mobile application, then Orange Tree Apps, LLC grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Sites or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Orange Tree Apps, LLC or other intellectual property of Orange Tree Apps, LLC in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

Terms Applicable to Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Orange Tree Apps, LLC Services. You acknowledge that this Agreement is concluded between you and Orange Tree Apps, LLC only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Orange Tree Apps, LLC, not an App Distributor, is solely responsible for the Orange Tree Apps, LLC application and the content thereof.

(1) SCOPE OF LICENSE: The license granted to you for the Orange Tree Apps, LLC application is limited to a non-transferable license to use the Orange Tree Apps, LLC application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service.

(2) MAINTENANCE AND SUPPORT: Orange Tree Apps, LLC is solely responsible for providing any maintenance and support services with respect to the Orange Tree Apps, LLC application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Orange Tree Apps, LLC application.

(3) WARRANTY: Orange Tree Apps, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Orange Tree Apps, LLC application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Orange Tree Apps, LLC application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Orange Tree Apps, LLC application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Orange Tree Apps, LLC sole responsibility.

(4) PRODUCT CLAIMS: You acknowledge that Orange Tree Apps, LLC, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Orange Tree Apps, LLC application or your possession and/or use of the Orange Tree Apps, LLC application, including, but not limited to: (i) product liability claims; (ii) any claim that the Orange Tree Apps, LLC application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Orange Tree Apps, LLC application or your possession and use of the Orange Tree Apps, LLC application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

(6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

(7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Orange Tree Apps, LLC application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Orange Tree Apps, LLC application.

(8) THIRD PARTY BENEFICIARY: Orange Tree Apps, LLC and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Orange Tree Apps, LLC Services (“Submissions”) provided by you to Orange Tree Apps, LLC are non-confidential and Orange Tree Apps, LLC (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Prohibited Activities

You may not access or use the Sites for any other purpose other than that for which Orange Tree Apps, LLC makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Orange Tree Apps, LLC. Prohibited activity includes, but is not limited to:

A. attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites
B. attempting to impersonate another user or person or using the username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites
E. deleting the copyright or other proprietary rights notice from any Sites' content
F. engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
G. except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company Services to you
I. interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites
J. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
K. tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
L. using any information obtained from the Sites in order to harass, abuse, or harm another person
M. systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
N. using the Company Services as part of any effort to compete with Company or to provide services as a service bureau
O. using the Sites in a manner inconsistent with any and all applicable laws and regulations

Intellectual Property Rights

The content on the Sites (“Orange Tree Apps, LLC Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Orange Tree Apps, LLC, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Orange Tree Apps, LLC Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Orange Tree Apps, LLC graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Orange Tree Apps, LLC in the United States and/or other countries. Orange Tree Apps, LLC trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Orange Tree Apps, LLC.

Orange Tree Apps, LLC Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Orange Tree Apps, LLC Content and to download or print a copy of any portion of the Orange Tree Apps, LLC Content to which you have properly gained access solely for your personal, non-commercial use. Orange Tree Apps, LLC reserves all rights not expressly granted to you in and to the Sites and Orange Tree Apps, LLC Content and Marks.

Third Party Websites And Content

The Sites contains (or you may be sent through the Sites or the Orange Tree Apps, LLC Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Orange Tree Apps, LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

Site Management

Orange Tree Apps, LLC reserves the right but does not have the obligation to:

A. monitor the Sites for violations of this Agreement;

B. take appropriate legal action against anyone who, in Orange Tree Apps, LLC sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

C. in Orange Tree Apps, LLC sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Orange Tree Apps, LLC policy;

D. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Orange Tree Apps, LLC 's systems;

E. otherwise manage the Sites in a manner designed to protect the rights and property of Orange Tree Apps, LLC and others and to facilitate the proper functioning of the Sites.

Term And Termination

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and Company Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications To Agreement

Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.

To Services

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (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 the Company Services.

DISPUTES Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

With Company

A. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and Company Services shall be governed by and construed in accordance with the internal laws of the State of Indiana, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Jefferson County, State of Indiana, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Sites or Company Services be instituted more than two (2) years after the cause of action arose.

B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.

C.Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Jefferson County, State of Indiana. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

D. Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.

Corrections

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

Disclaimers

Company cannot control the nature of all of the content available on the Sites. By operating the Sites, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Sites, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services.

YOU AGREE THAT YOUR USE OF THE SITES AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations Of Liability

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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

Indemnity

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Notices

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

User Data

Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

Electronic Contracting

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Miscellaneous

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Sites and Company Services. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

Contact Us

In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Orange Tree Apps, LLC
501 Mies Ridge Road
Madison, IN 47250
Email: [email protected]

ADDENDUM A

LEADS PORTAL TERMS OF USE

(Applies specifically to leads.lcardconnect.com and Lead Capture Services)

Last Modified: July 25, 2023

Platform Terms of Use

L-Card Connect (LEADS)

1. Introduction

The use of “we,” “our,” and “us” herein refers to L-Card Connect (LEADS), and “you” and “your” refers to you as the consumer accessing and using our website located at https://leads.lcardconnect.com/, and including software-as-a-Service offerings as described in an Order Form, the Services, the Materials (as defined below), and any and all intellectual property provided to you or any Authorized User (as defined below) in connection with the foregoing. (collectively, the “Platform”). By using this Platform, you agree to these Terms of Use (the “Terms”).

“Order Form” means any order form, statement of work, or other ordering document signed and accepted between you and us.

“Services” means the Platform and any other services identified in the Order Form, including our subscription services made available via the internet. Functionality of the Services may include lead generation, marketing and advertising, data, data analytics, data cleansing, other features, and any output from Platform data, and may include documents, or other materials that we provide to you through the Services (such documents and materials collectively, “Materials”).

“Affiliates” means our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

“Authorized User” means anyone who you give permission to access and use the Platform.

Please read these Terms carefully, as they create a legally binding agreement between you and us regarding your use of the Platform. By using the Platform, you are agreeing to be legally bound by these Terms. If you do not agree to follow these Terms, do not use the Platform.

Your use of this Platform is subject to our Privacy Policy, which is hereby incorporated into the Terms by this reference.

2. Using the Platform; Authorized Uses

You should only use the Platform if you are authorized or it is otherwise legal for you to do so. You agree these Terms and our Privacy Policy govern your use of the Platform and the Services we offer. You also agree to abide by all applicable local, state, federal, and international laws and regulations while using the Platform. If you breach these Terms, you are solely responsible for any damages that result therefrom. You are solely responsible for your actions while using the Platform and any damages that result. You are responsible for any software, information, data, files, images, documents, text or other material you post, submit or transmit through the Platform (collectively, “Content”), including for any damages resulting therefrom.

3. User Submissions

If you post, submit, or transmit Content on or through the Platform, you warrant that:

(a) The Content contains truthful, accurate, and complete information and you agree to update information as is necessary to make sure it remains truthful, accurate, and complete;
(b) You own or control the rights to the Content and the Content does not contain copyrighted or protected information;
(c) You are liable for damages caused by infringement and agree to indemnify us for any third-party damages resulting from such infringement;
(d) The Content does not violate the Terms of Use and will not injure another person; and
(e) Content posted, submitted, and transmitted are not confidential.

You are solely liable for any damages resulting from Content you post, submit or transmit through the Platform. We disclaim all liability for user posts, submissions and transmission on the Platform. We do not ratify, subscribe to, or advocate for your views, opinions, recommendations, advice, or theories. We do not preview Content posted, submitted, or transmitted through the Platform. We may monitor, edit, or remove Content and/or terminate your access to the Platform or any part of the Platform based on the Content you post, submit or transmit.

By posting, submitting, or transmitting Content on or through the Platform, you grant us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, sublicense, reproduce, adapt, modify, translate, publish, distribute, perform, or publicly display all or any portion of the Content, subject to our Privacy Policy, without attributing the Content to you. You agree that we are not bound by any confidentiality requirements for these Content.

We may use the Content you post, submit, or transmit and any techniques, ideas, or concepts found therein, in any way and for any purpose. We may transmit or distribute the Content on public networks or other media, and make such Content available to other companies, organizations, or individuals. We may make changes to Content as necessary to conform or adapt Content to technical requirements of public networks or media.

4. Intellectual Property Rights

This Platform contains our intellectual property. We are the exclusive owner of this Platform and its Services, and all of the intellectual property associated with this Platform and Services, including software, copyrights, patents, trademarks, trade secrets, and other data not owned by you. In some instances, the Platform may contain the intellectual property of third parties. All intellectual property is protected by U.S. and international copyright law and other intellectual property laws. You may not reproduce or distribute the Platform content in any way without our express written consent. Doing so may result in civil and criminal penalties, and you will be prosecuted to the maximum extent possible under law. The publication or dissemination of any link to the contents of this Platform, other than a link to https://leads.lcardconnect.com/, without our express written consent is prohibited.

We grant you a personal, non-transferable, non-exclusive, limited, and freely revocable license to view, download, or print content available on the Platform. However, we may limit your ability to access, view, download, or print content at our sole discretion, or completely revoke this license with reasonable notice to you. The content you access, view, download, or print may be subject to other licenses and agreements and you agree to abide by the terms those licenses and agreements.

Nothing stated herein shall be construed to confer any rights to our (or any third party’s rights to) intellectual property, whether by estoppel, implication, waiver, or otherwise, except where expressly stated. You agree not to change, remove, or deface any of the copyright notices, trademarks, service marks, or other intellectual property made available by us in connection with this Platform, including if you download or print content from the Platform. You agree not to use any of the trademarks, service marks, or other content accessible through the Platform for any purpose not intended by us. You agree not to use any of the trademarks, service marks, or other content accessible through the Platform in any manner that is likely to confuse others about who owns such trademarks, service marks, or other content. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Platform. Unless otherwise stated, you agree not to copy, adapt, change, translate, decompile, disassemble, reverse engineer, or create derivative works of this Platform, any software or other features used in connection with or made available through your use of this Platform.

5. Copyright Infringement Notification

If you believe that any part of our Platform or any content thereon infringes on another’s copyright, please notify us, in writing, with the following information:

(1) Identification of the copyrighted work claimed to have been infringed, or identification of a representative list of such works if multiple copyrighted works are involved;
(2) Description of the location of an original or an authorized copy of the copyrighted work (i.e., a URL);
(3) Description of the location of the allegedly infringing material on our Platform (i.e., a URL);
(4) Your contact information, including your address, telephone number, and an electronic mail address, if available;
(5) A statement by you that you believe, in good faith, that the use of the material at issue is not authorized by the copyright owner, its agent, or the law;
(6) A statement by you, under penalty of perjury, that the information you are providing is accurate and that you are either the copyright owner or that you are authorized to act for the copyright owner; and
(7) The signature (physical or electronic) of the copyright owner or the person authorized to act for the copyright owner.

Please send your written communication to:

L-Card Connect (LEADS)
[email protected]

If you knowingly and materially misrepresent that our Platform content or activity infringes upon another’s copyright, you may be liable for damages, including for costs and attorneys’ fees incurred by the accused infringer, the copyright owner or their agent, or a service provider or other person who is damaged therefrom, due to reliance on the misrepresentation, the removal or disablement of the allegedly infringing material, or the replacement of the allegedly infringing material, pursuant to 17 U.S.C. § 512(f).

This information is provided as a courtesy and should not be considered legal advice.

6. Prohibited Uses

While using the Platform, you agree not to:

(1) Seek unauthorized access to, tamper with, or compromise the integrity of, the Platform;
(2) Seek information not available to the public, including business or customer information;
(3) Use content for any purposes not intended by the Platform;
(4) Use any automated procedure to gather information or data from the Platform through a “bot” or otherwise;
(5) Use hidden pages, images, or restricted access webpages;
(6) Interfere with or disrupt the Platform, servers, or networks connected to the Platform;
(7) Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the Platform (or that of any third party that is hosting or interfacing with any part of the Platform);
(8) Duplicate, copy, or otherwise exploit the Platform or its contents for commercial purposes;
(9) Misuse passwords or accounts belonging to others;
(10) Use the Platform to solicit, collect or use personal information;
(11) Introduce viruses or other damaging Content through posts, submissions, or other methods of transmission through the Platform;
(12) Use the Platform to solicit or advertise commercial business or promote contests, sweepstakes, giveaways, or drawings;
(13) Post, submit, or transmit Content that impersonate, misrepresent or disguise the user, content, or origin;
(14) Post, submit, or transmit offensive, profane, abusive, racist, threatening, vulgar, defaming or harassing Content;
(15) Post, submit, or transmit spam, junk mail, mass mailings, or chain letters;
(16) Use the Platform to promote or provide information about illegal activities;
(17) Use the Platform to harass, abuse, or harm another person;
(18) Violate any privacy or publicity rights while using the Platform; and
(19) Interfere with another person’s use or enjoyment of the Platform.

7. Termination and Platform Disruption

With or without notice, we may change or take down the Platform, temporarily or permanently and for any reason. We may terminate or limit your use of the Platform at any time, for any reason, with or without notice, which may affect your access to services on the Platform, account details, files or other content in your account. Even if your access to the Platform is terminated or limited, you are still liable for obligations you incurred when using the Platform. We will not be liable for damages to you or any third party because of your termination or limited use of the Platform.

We do NOT warrant that your use of the Platform will be uninterrupted. We will not be responsible if Platform interruptions occur. We do not warrant the absence of delays, errors, or failures and we will not be liable for delays, errors, or failures resulting from situations outside of our control, such as: network, server, or power disturbances or failures; software glitches; internet disturbances; intellectual property disputes; government acts or restrictions; acts of terrorism or war; riots, civil unrest, strikes, or labor disputes; acts of God; or fires, floods, earthquakes, tornadoes, hurricanes, or other natural disasters.

8. Changes to the Terms

Note that we reserve the right to make changes to these Terms at any time and for any reason. It is your responsibility to review the Platform frequently for changes to these Terms. Changes will be reflected in a revised version of the Terms, posted on this Platform or on any platform that replaces the Platform. Changes to the Terms are effective thirty (30) days after posting on the Platform. If you do not agree to the revised Terms, please discontinue your use of the Platform. If you continue to use the Platform after the revised Terms are effective, we will assume you agree to the changes. Likewise, rejection of the changes will result in termination of your use of the Platform. You may not change these Terms without our written agreement.

9. Links to Third-Party Websites

Our Platform may occasionally contain links to other websites and platforms owned and operated by third parties. These websites and platforms are not controlled, owned, or operated by us and we are not responsible for the products or services offered thereon. We do not endorse any third-party website, platform, service, or product just because our Platform includes a connection, hyperlink or reference thereto.

Third-party websites and platforms are likely governed by their own privacy policies or terms of use. You agree that you are responsible for reviewing and abiding by those documents and that if you proceed to use third-party websites and platforms, you do so at your own risk. We provide no warranties regarding third-party websites, platforms, services, or products including the legality, availability, accuracy, or completeness of website content, or the safety or security of the third-party websites. We make no assurances that these websites and platforms are virus free and will not harm your devices, computers, networks or systems. We will not be liable for third-parties’ actions or inactions or any damages resulting therefrom.

10. Indemnification

You agree to defend us, indemnify us, and hold us harmless, including each legal entity that controls or is controlled by us, (such as our affiliates, subsidiaries, and agents (“Affiliates”)), as well as our and our Affiliates respective officers, directors, employees, and agents, from and against all claims, damages, losses, liabilities, attorneys’ or other professional fees, costs, and expenses arising from:

(1) Your use of and access to the Platform;
(2) Your failure to comply with the Terms of Use;
(3) Your negligence, actions, or omissions;
(4) Your violation or alleged violation of any law, regulation, or ordinance; or
(5) Your violation or alleged violation of the rights of a third party.

Your obligation to indemnify us survives these Terms of Use and your use of the Platform.

11. Confidentiality

You are responsible for maintaining the confidentiality of your account information, password, and access to the Platform and Services we offer to you. Do not share your password with others. You agree to promptly notify us of any security breach or unauthorized use of your account. You are liable for any damages or losses arising from the unauthorized use of your account.

12. Disclaimer of Warranties

WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM, SOFTWARE, FEATURES, FUNCTIONS, PROCESSES OR OTHERWISE. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” IF YOU ACCESS AND USE THE PLATFORM AND ITS CONTENTS, YOU DO SO AT YOUR OWN RISK.

WE DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE ALSO DISCLAIM ALL WARRANTIES CONCERNING THE ACCURACY, APPROPRIATENESS, AVAILABILITY, COMPLETENESS, INTEGRATION, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE PLATFORM. WE ALSO DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE USAGE, OR OTHERWISE OF THIS PLATFORM. WE DISCLAIM ALL WARRANTIES REGARDING PLATFORM SECURITY (i.e., free of viruses, bugs or otherwise), FUNCTIONALITY (i.e., regarding errors, defects), AND AVAILABILITY (i.e., including interruptions, delays, cessation). WE MAKE NO WARRANTIES THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES WITH RESPECT TO PROPERTY DAMAGE OR INJURY TO PERSON RESULTING FROM USE OF THE PLATFORM.

WE DISCLAIM ALL WARRANTIES CONCERNING PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY ADVERTISERS OR SPONSORS AND WE ARE NOT RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.

WE MAKE NO REPRESENTATIONS THAT PLATFORM CONTENT IS APPROPRIATE FOR USE OUTSIDE THE UNITED STATES.

THIS DISCLAIMER DOES NOT ALTER OR AFFECT STATUTORY RIGHTS TO WHICH YOU ARE ENTITLED AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

13. Limitation of Liability

IF YOU USE OUR PLATFORM, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) INCLUDING DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OR REMEDIES WHETHER AVAILABLE BY COMMON LAW, STATUTORY, OR REGULATION, ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THIS PLATFORM. NOR ARE WE LIABLE FOR ANY OTHER LOSSES (i.e., lost profits, goodwill, opportunities, business reputation, or data), COSTS (i.e., cost to procure substitute services), OR EXPENSES (i.e., legal fees, expert fees, or other disbursements). SUCH LOSSES, COSTS, OR EXPENSES INCLUDE THOSE ARISING FROM ACCESSING, USING, BROWSING, OR DOWNLOADING CONTENT (i.e., data, text, images, video, audio) FROM THE PLATFORM. WE ARE NOT LIABLE FOR HARM CAUSED BY: VIRUSES OR BUGS; LOST OR DAMAGED DATA; NETWORK, SYSTEM, COMPUTER, PHONE, SOFTWARE, HARDWARE, OR PROGRAM MALFUNCTIONS; FAILURE TO DELIVER SERVICES; INCOMPLETE COMMUNICATION; ERRORS, FAILURES, INTERRUPTIONS, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

WE SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES FOR: CHANGES TO THE PLATFORM; INTERRUPTED USE OF PLATFORM, FEATURE, OR SERVICE; OR THE DELETION OR CORRUPTION OF DATA MAINTAINED OR TRANSMITTED BY THE PLATFORM. WE WILL ALSO NOT BE LIABLE FOR ANY USER’S RELIANCE ON THE ACCURACY, COMPLETENESS OR EXISTENCE OF ANY ADVERTISING ON THE PLATFORM. WE ARE ALSO NOT LIABLE FOR YOUR TRANSACTIONS WITH PLATFORM ADVERTISERS OR SPONSORS.

WE SHALL NOT BE LIABLE FOR DAMAGES, LOSSES, COSTS, OR EXPENSES RESULTING FROM YOUR FAILURE TO PROVIDE ACCURATE INFORMATION OR YOUR FAILURE TO KEEP YOUR INFORMATION CONFIDENTIAL AND SECURE.

WE WILL NOT BE RESPONSIBLE FOR LIABILITY RESULTING FROM ANY PLATFORM CONTENT, INCLUDING FOR DEFAMATION, LIBEL, SLANDER, OBSCENITY, PORNOGRAPHY, PROFANITY, OR MISREPRESENTATION.

WE WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE OR INJURY TO PERSON RESULTING FROM USE OF THE WEBSITE.

THESE LIMITATIONS OF LIABILITY PROVISIONS APPLY IRRESPECTIVE OF THE LEGAL THEORY ASSERTED AND IRRESPECTIVE OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT THOSE LOSSES COULD ARISE. THESE LIMITATIONS APPLY EVEN IF THERE HAS BEEN A FAILURE OF ESSENTIAL PURPOSE OR OF ANY LIMITED REMEDY.

YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LOCAL LAW. WE ARE NOT OBLIGATED TO INFORM YOU OF APPLICABLE LAW. SOME LOSSES MAY NOT LEGALLY BE EXCLUDED OR LIMITED IN CERTAIN JURISDICTIONS. OUR LOSSES ARE LIMITED TO THE MAXIMUM EXTENT ALLOWED IN YOUR JURISDICTION.

14. Choice of Law and Venue

These Terms are subject to the laws of the State of Ohio, and shall be governed in accordance thereto, irrespective of conflicts of laws. Any lawsuit or other legal action arising out of or relating to the Platform or these Terms, whether in law or equity, must be filed in a court of competent jurisdiction in the state or federal courts located in Ohio. You hereby consent and submit to the jurisdiction of such courts and waive all rights to object to the same.

15. Notice

We may communicate with you in a variety of ways. You consent to receiving notices, statements, and other communications by regular mail, electronic mail, by posting on the Platform, or by any other reasonable methods.

16. Additional Terms

Headings. Headings used herein are for reference and convenience only. They do not limit or change the meaning or interpretation of these Terms.

Competence. This is a legally binding agreement. You represent that you are of legal age and are capable of entering into this agreement with us.

No Waiver. Any failure or delay by us to exercise or enforce any right or provision herein shall not constitute a waiver of such right or provision.

Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision. The parties further agree that the remaining provisions herein shall remain in full force and effect despite the invalidity or unenforceability of the affected provision.

No Third-Party Rights. No third-party rights are conferred by these Terms.

Successors and Assigns. The Terms benefit and bind you, us, and all of your respective successors, assigns, heirs, executors, administrators, successors, representatives, and related persons.

No agency. Nothing in these Terms creates an agency relationship between you and us. You agree that we are not representatives of one another, nor are we partners, or joint venturers for any purpose.

Assignment. Neither you, nor your representatives shall assign the Terms, nor your rights and obligations hereunder, without our express prior written consent. We may choose to withhold consent in our sole discretion. We may assign the Terms and our rights and obligations stated herein without your consent or the consent of your representatives.

Entire Agreement. These Terms of Use, including the Privacy Policy, Order Form, or any other executed agreement between us and you, constitutes the entire agreement between us and you.

17. Contacting Us

You may contact us by email at [email protected]