Last Updated and Effective: May 29, 2018
Welcome to LotNetwork.com.
PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED:
IF AT ANY TIME YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE AND THE SERVICE, DO NOT SUBMIT INFORMATION TO OR ACCESS INFORMATION FROM THE SERVICE, AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SITE OR SERVICES OFFERED BY COMPANY. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO AND APPROVAL OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. ACCESS TO USER
The Service is made up of information, content, features, advertisements and associated services, processes or products offered by Company related to or through to the Site. Company may change, suspend or discontinue all or part of the Service (or User’s access thereto) at any time, including the availability of any feature, listing, profile, advertisement or other content, without notice or liability. Company reserves the right, at its discretion, to refuse to allow access to the Services to any registrant, applicant, potential user, existing user or member at any time. Membership rights and privileges are granted by LotNetwork exclusively to individuals and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of LotNetwork. LotNetwork requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the LotNetwork system. User is not permitted to share its individual login information with others and is obligated to keep this password secret and to protect it from access by unauthorized third parties. You are responsible for the maintenance of your private area within the Service and on the Site and the security of your account. Company assumes no responsibility for any damages or losses incurred by failing to protect login data sufficiently.
User certifies that it is legally permitted to use the Service and access the Site, and takes full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User must be 18 years of age or older in order to utilize the Service and the Site.
LotNetwork has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, fails to properly pay for services at any time or abuses their rights related to the Service. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Site without express written permission from LotNetwork.
3. WEBSITE FEATURES & SERVICES
LotNetwork is an evolving Service and website and different features and components of LotNetwork’s Service will be introduced and modified in different phases. You understand that the Company may change, add or diminish aspects of the Service at its sole discretion. The Company provides no guarantees for the timing of feature releases and the components that make up features. Certain aspects of the Service may be provided to you for free during introductory periods, and when the Company chooses to transition out of an introductory period your use of all or part of the Services thereafter may be subject to pricing and fees as determined by the Company. If you registered with LotNetwork during any such introductory period, you provide consent for the Company to store your information and invite you to continue with the Service or with an ongoing subscription after the expiration of the introductory period.
When you use any new or future service offerings, products or features from the Company, you also will be subject to the guidelines, terms and agreements applicable to such service, which may include these Terms and Conditions, as well as additional terms.
4. ELECTRONIC COMMUNICATION
When you visit LotNetwork.com, submit information on or to the Site or send us e-mails, post blog comments, send content or data to the Site via third-party services, post in forums, send social media messages or undertake other such methods of communicating, you are communicating with us electronically. You consent to receive communications from us electronically. LotNetwork utilizes email as a vital and key communication channel with existing and potential customers and users. Should User become a registered user or otherwise utilize the Site for marketing or other such purposes either directly or via a third-party data feed or service who provides content to the Site, such User hereby acknowledges and grants LotNetwork permission to communicate with User via email (as well as other communication channels such as phone) for any purposes LotNetwork determines to be relevant including, but not limited to, system messages, product updates, customer support, service announcements and marketing messages. LotNetwork will use best efforts to honor your request to opt out of marketing messages, but under no circumstances will LotNetwork have any liability for sending any email to its registered users/customers and other users of the Site. By registering and becoming a member of the Site, you acknowledge and agree that the Company may record telephone and other electronic communications it has with you for its internal business purposes, including but not limited to training and quality assurance purposes. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or make available for you online satisfy any legal requirement that such communications be in writing.
5. REGISTRATION & CONTACT INFORMATION
As a condition to using part or all of the Service or the Site, User may be required to register with Company and select a password and user ID. User shall provide Company with accurate, complete, and updated registration and contact information (including, a valid phone number and email address), and is required to do so in order to submit and maintain active property listings, advertisements, profiles, directory listings, Forum information or other Communications on the Site. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. You may not (i) select or use as an email address or user ID a name of another person with the intent to impersonate that person; (ii) without appropriate authorization, use as an email address or user ID a name subject to any rights of a person other than User; or (iii) register for the Service, submit property listings or profiles, maintain active property listings or profiles, or otherwise access the Site and exercise Communications using more than one User ID. Company reserves the right to terminate or refuse registration of User’s account at its discretion.
6. PAYMENT TERMS & FEES
6.1 Fees for Services
The Company requires the payment of fees (“Fees”) for certain Services, features and products, including but not limited to listings, plans, profiles, directories, advertisements, marketing services and subscriptions selected for purchase by User. User agrees to pay all the applicable Fees and related charges, including any taxes (if applicable), for all such services or products purchased from the Company including through the Site, any mobile application or service, any other transaction processing system used by the Company or the LotNetwork sales and service team, using the payment method indicated, and provides Company express authorization to charge said fees and charges to the User's payment provider, debit card or credit card at time of purchase, renewal, end of a promotion period or other billing event.
The fees paid for plans, subscriptions, products and other Services are paid in advance and are not refundable, and User shall not receive a refund or credit for early cancellation; cancellation prior to the end of the then-ongoing billing cycle; partial months or periods; failure to add advertisements, listings or profiles; or failure to otherwise use the Service after making a purchase. A User will not receive a refund or credit for billing that occurs when a promotion ends according to its terms.
The Fees that are owed may vary and depend on the type and quantity of Services, subscriptions or products ordered or purchased by User or that are in effect or active at the time the billing transaction is processed.
6.2 Initial and Recurring Billing
In order to provide you with uninterrupted service some of our subscriptions, plans, Services and products are structured on a recurring billing basis and renew automatically each month (or at some other recurring time period, as identified at the time of the initial transaction), at which point payment will be required and shall be processed using the current credit, debit card or other account number provided by the User. Each account for which Fees are due for subscriptions or listing plans will be processed on a recurring basis on the date shown as the next Billing Date in the My Account area of the Site (or on the renewal schedule selected by User if a multi-month prepaid plan is purchased), and User authorizes and agrees to recurring billing procedures for its account.
Users also may be billed at the time purchases are made, including during an ongoing billing cycle or when a promotion or term ends during a billing cycle, and such purchases initially may be billed as partial or prorated payments for the remainder of the billing cycle up to the next Billing Date. Other Services may be charged on a one-time or non-recurring basis, as well as recurring, depending on the terms.
The Site’s listing template and related Services are made available to User immediately after User selects and purchases a subscription or listing plan. Accordingly, the initial payment for Fees for a listing plan or subscription is due at the time the plan is selected for User’s account and purchased by User on the Site and continues thereafter on a recurring basis starting on the next billing or payment date until cancelled or terminated. The initial payment and recurring billing for a subscription or listing plan is not based on when the user posts a listing or elects to fully use a Service.
6.3 Form of Payment
Credit or debit cards are the primary form of payment accepted by the Company, and other forms of payment may be accepted solely at LotNetwork’s discretion.
User is obligated to keep valid and current payment information updated in their LotNetwork account so that Fees may be successfully processed for the selected Services in User’s account at the time a payment is due. User shall update or replace their payment information before the next billing date or payment date when User’s credit card, debit card or any other form of payment is no longer valid and functioning, whether such form of payment has expired or been replaced, updated or cancelled by User or the bank or card issuer.
6.4 Cancelling or Changing Account or Selected Services
If a User no longer wishes to continue a product, subscription or Service, the User may cancel at any time. While you may cancel any Services at any time, you won't be issued a refund except in our sole discretion. Cancellations and account changes should be made by User at least three (3) days prior to the next renewal or billing date. User may cancel or change listing plans and subscriptions in the My Account and My LotNetwork area of the Site.
If User cancels its product, subscription or Service during a billing cycle, the related service and benefits immediately will end at that time. Partial months or unused time periods will not be refunded or credited. A User may choose to wait until closer to the end of a billing cycle before cancelling such product, subscription or Service if it wishes to make use of the Service for a longer period of time.
NOTE: Downgrading, deleting or inactivating a property listing does not remove or cancel the underlying listing plans or subscriptions from an account. In order to cancel all plans, subscriptions and billing you must cancel all listing plans and subscriptions in your account (which also will cancel the related property listings). If User wishes to cancel a listing plan or subscription User is responsible for doing so in a proper and timely manner and continues to be responsible for Fees that accrue related to those Services until actually cancelled by User. The Current Billing section of the My Account page in the My LotNetwork area of the Site will show all active subscriptions and plans in your account.
We want to make the process as easy for you as possible, so if User has questions about a cancellation, change in Services or the related process, User should contact LotNetwork’s Customer Service Team at (888) 662-3757 or email@example.com.
6.5 Maintaining Your Account
If a User purchases or signs up for a service with the Company the User understands that it is fully responsible and liable for paying for such Service as long as the subscription, plan, Service or product remains active in User’s account. User is responsible for selecting its products and Services on the Site, for monitoring its account and for all payments that are due for products and Services in its account, including when User fails to actively monitor or maintain its account or when User’s payment does not process properly or in a timely manner.
If payment is past due on an account or the User’s form of payment otherwise fails to process, LotNetwork at its discretion reserves the right to immediately suspend the User’s account and to cease to provide the unpaid products or Services to the User and User continues to be responsible for the Fees related thereto through the end of that billing cycle. Company may take actions that are necessary to collect any past due amounts from User, including attempting to process the transactions for the past due payment over time until the payment is received. LotNetwork may choose to terminate an account and remove or purge a User’s listings and other information from its records and database if User fails to make payments when due, has extended inactivity or fails to comply with this Agreement or other policies.
Services and subscription privileges associated with a User or an account are granted by the Company exclusively to one individual registered for or associated with that account and are subject to change from time to time at the Company’s discretion. User may not share, assign, sublicense or otherwise transfer such rights and privileges to anyone without the express written permission of the Company.
It is the User's responsibility to periodically review its account on the Site and to promptly provide the Company with accurate registration, contact and billing information related to its account and to make changes or updates when needed by making updates on the My Account page, other relevant page or by communicating directly with the Company. User understands that it has the responsibility to keep billing information that it has provided Company up-to-date and accurate so that payments may be processed, and User continues to remain responsible for any payments that Company is unable to process. Failure to comply with this provision (including without limitation falsification of any registration or billing data) may, at the Company’s option, result in immediate suspension or termination of your account and your right to use the Site or any products, subscriptions or Services. It also is User’s responsibility to keep an active and updated email address associated with its account and to regularly review its emails so that it can receive email communications from the Company about billing, alerts or other matters. In addition, it is User’s responsibility to take appropriate measures to ensure that it is able to receive and review these communications from the Company and to reasonably prevent these communications from being filtered, rejected or otherwise blocked by the User, its email programs or its internet service providers.
6.6 Fee or Service Changes
LotNetwork reserves the right to change its Fees, pricing, payment frequency or billing methods, and to establish new charges, at any time. The Company will provide timely notice to the affected Users of any such changes via the email address associated with the User’s account. New Fees will not apply retroactively. If you don't agree with the Fee or Service changes, you have the right to reject the change by canceling the related Service before your next payment date.
A User’s billing amount may change for several reasons, including because of products or Services added or removed by the User, when system-wide Fee changes are deployed, as a result of the end of a promotion or when a discount received via a corporate package or other product offering is subject to removal. Discounts related to packages or grouped product offerings may be removed when such a program has been discontinued or when all or part of the terms or requirements for the discount related to the product(s) or package(s) are no longer met by a User or have been cancelled.
6.7 Billing Questions
LotNetwork is happy to discuss questions or disputes that a User may have about a bill, charge or transaction. User should contact LotNetwork’s Customer Service Team at (888) 662-3757 or firstname.lastname@example.org.
You agree that you shall first contact the Company to discuss and try to resolve any such billing or related questions. You shall notify LotNetwork about any billing problems or discrepancies within 90 days after charges first appear on your account statement. If such questions are not brought to LotNetwork’s attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable Fees to us (“Chargeback”), we may automatically suspend or terminate your account. If you have questions about a payment made to us, we encourage you to first contact Customer Service at email@example.com before filing a Chargeback. We reserve our right to dispute any Chargeback, and User will continue to be responsible for the Fees that are due and payable for the Service despite the Chargeback action when the Fees are improperly or fraudulently disputed by User with the Chargeback. User also may be responsible for any related fees, collection costs, legal fees or other such costs and expenses incurred by Company related to a Chargeback.
6.8 Payment Processor
Company may from time-to-time, at its discretion, establish promotions, discounts, contests, offers, incentives, programs or other such benefits related to the Site and the Services (individually and collectively, the "Promotion"). Company may cancel any such Promotion at its discretion without notice. Such Promotions shall be governed by this Agreement, as well as any other policies, rules, limitations, terms or conditions provided by the Company related such Promotion. Promotions may be limited to certain users or groups of users, for certain or varied time periods and include different levels of benefits. A Promotion may be structured so that at the end of the Promotion (or the end of User’s participation time in all or part of an on-going Promotion), the billing or account information provided by User (such as credit card numbers, debit card numbers or other account information) will be charged an amount based on the Service or product that is in the User’s account at that time. It is the User’s responsibility to adjust its products, listings, subscriptions and Services, or cancel or adjust its account, prior to the end of the time period that the Promotion applied if User does not wish to be charged the full amount or experience other such changes after the Promotion period. User is responsible for the full amount of charges as may apply when a Promotion period ends for User, even if User has failed to monitor or adjust its account prior to the end of the Promotion period. Expired, inaccurate or insufficient billing card information that prevents the Company from processing a payment at the end of a Promotion for a User may cause User’s account to be inactivated or suspended at the Company’s discretion.
8. COPYRIGHT & CONTENT
The Site and its contents are the property of LotNetwork or its content suppliers and are protected by U.S. and international copyright laws, and may only be used in accordance with the terms of this Agreement in connection with authorized use of the Service. All content and materials included on or accessible through the Site or Services (including, but not limited to text, graphics, logos, icons, articles, listings, property descriptions, photographs, images, illustrations, reports, data compilations, digital downloads, audio clips, and video clips, profiles, directory listings, Forum information and other Communications, individually and collectively, the "Content") are protected by copyright. The compilation of all content on this site is the exclusive property of LotNetwork and protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its software suppliers and protected by United States and international copyright laws. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Service and shall agree to treat all Content on the Service as proprietary to LotNetwork. The Content or the Service may not be copied, reproduced or transmitted in a changed form by User. User agrees that Content reserved for registered or subscribing members will be maintained as confidential and shall be protected as a trade secret of LotNetwork.
Content as used in this Agreement specifically includes any listing, profile, advertising, subscription, Communication or other content made available or submitted by User or any other advertiser for use or display on the Site. User is solely responsible for the Content that it uploads to the Service and warrants that such Content is either material that is free of all rights or that User has has received all necessary rights and authorizations (copyright, trademark, rights to a name and rights to distinguishing marks), including from the photographer and/or copyright owner of any photographs, to publish and advertise the property on the User’s website or on the Site. The Company may, in its sole discretion but without any obligation to search for such, remove listings or Communications submitted in violation, or require compliance by Users that are alleged to have been in violation of, this provision. User acknowledges and agrees that if it uses any of the Service to contribute or make available Content or Communications, Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content and Communications (including all related intellectual property rights) and to allow others to do so in connection with the Service and the Site.
9. USER-SUBMITTED CONTENT & LISTINGS
When User is a properly registered member or subscriber, User may advertise or transmit information on the Site subject to the terms of their then current listing plan, directory, profile, service or product and this Agreement. A User also may submit information pursuant to one of the Site’s interactive communication vehicles (referred to as a “Forum”), which may include the Company’s blog, forums, online social media pages or platforms and other such sites. You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including in any property listing, advertisement, directory listing, profile information or any Forum (the "Communications"). The Company does not endorse or accept any Communication as its own or representative of its views. User warrants, represents and agrees that it will not contribute, submit, upload, display or make available through the Service, or use the Service in connection with, any Content or Communications that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, threatening or otherwise violates any law or right of any third party. LotNetwork is unable to review and monitor all Communications made on or through the Site. However, the Company reserves the right, but has no obligation, to monitor listings, profiles, advertisement and Forums, and may edit, modify or delete any Communications (or portions thereof) which LotNetwork, in its sole discretion, deems inappropriate or contrary to any of its policies or this Agreement. In addition to the terms and policies set forth in this Agreement, Company from time to time may establish additional policies and terms related to the use and administration of Forums, Services, Promotions and Communications, and such policies and terms may be established, modified or changed at Company’s discretion.
User agrees that information, Communications and Content that it provides for all advertisements, properties, profiles and listings on the Service will be accurate and that User will administer such information and maintain its accuracy at all times, including updating, renewing or confirming the status of such information according to any policies of the Site. While the Company shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to the Company. User agrees to allow submitted property listings, advertisements, profiles or information transmitted on the Site, in a Forum, or any part therein, to be searched, displayed, accessed, downloaded, copied, reviewed and otherwise referred to by users of the Site, other Company partner or affiliate websites and other websites to which Company distributes property listings and information. The Company shall have the sole authority to choose the manner in which any property, profile, listing, advertisement, Communication or Forum information will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and Company shall have the right to modify the property listing, profile, directory, Forum information or any other Communication in the exercise of its rights under this Agreement.
For any listing, advertisement or profile you submit to the Site, you are required to complete all fields noted by an asterisk (*) or otherwise indentified as Required with valid data pertaining to the property, product, service or profile being listed, and LotNetwork reserves the right to remove or mark inactive any listings, advertisement or profiles where such data is missing or data entered in these fields is deemed illogical, until valid content is entered. In addition, LotNetwork may in its discretion require that User include additional information in listings, advertisements or profiles or that information be presented in a manner that Company deems appropriate, such as requiring that User upload and display an acceptable photograph or image in Featured listings and profiles. Company reserves the right to remove, replace, edit or modify any Content or Communication from the Site at any time, or to terminate User’s right to use the Service or access the Site, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Communication, or if Company is concerned that User may have breached the related terms of this Agreement), or for no reason at all.
Although you otherwise retain rights to any content you submit related to your listings, you acknowledge and agree that any questions, comments, suggestions, feedback, reviews, testimonials, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the Company or the Service that are provided by you in the form of email, Forums or other Communications or submissions to the Company, or through any postings on the Site, are non-confidential and shall become the sole property of LotNetwork. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and the Company by reason of your transmitting a public Communication to any Forum on the Site. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials and Communications for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
In this Agreement and on the Site, Company may use the term “listing” to refer to certain advertisements posted on the Site. This is a generic term that is commonly used in advertising products, including real estate, and the term provides no representation or implication by the Company that the person who has posted the advertisement is a licensed or authorized real estate broker or agent. LotNetwork does not in any way represent or warrant that listings will be or must be posted by a licensed broker or agent. When applicable, User is personally responsible for satisfying any professional licensing requirements that apply to them before posting listings as advertisements to the Site. Any User who identifies himself or herself as a broker or agent or otherwise purports to be a broker on the Service hereby represents and warrants that User is validly licensed as a broker or agent and is in compliance with applicable requirements in all jurisdictions in which User is required to be licensed. The Company may in its sole discretion remove or edit all or part of the Content, Communications, biographical information, advertisements, profiles or listings of any User, or terminate the account of such User, whom the Company believes is misrepresenting its licensed status, but shall not have any obligation to independently verify the licensure of individuals on the Site. It is your responsibility to confirm the licensed status of any individuals or companies on the Site purporting to be brokers or agents.
10. USE OF INFORMATION
The Site is designed to provide information about real estate, construction and related services and products. The Company neither warrants, nor guarantees the accuracy, completeness, usefulness or timeliness of Content or other information on the Site or through the Service, and the Company also does not endorse or recommend any individual, company, Content or Communication. User uses all such Content or Communication at its own risk. It is your responsibility to verify any and all Content and Communications and other information on the Site and Service, or any information you receive as a result of your use of the Site or Service, before you rely on that information in any way. The Service and any and all Content, Communications, blog articles, resources or other such information offered by LotNetwork to User are provided solely as general information and do not constitute real estate, legal, tax, accounting, or any other professional advice, or an offer to buy or sell real estate. You always should consult an appropriate professional before acting on any such information. The Company may make improvements or changes in the Content and other information, products or services described herein at any time, but updates to Site and Service are not guaranteed and the Company reserves the right to change, suspend or discontinue entirely its range of services.
11. SPAM & MISUSE OF SITE
User is responsible for all of its activity in connection with the Service. LotNetwork prohibits the use of the Service, our system or its tools to generate or send unsolicited commercial email, including sending substantially similar email messages to a large number of recipients (“Spam”). Users may not use email services that LotNetwork offers to send Spam or otherwise send content that would violate these Terms and Conditions. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by the Company in connection with the Site, and includes the use of Maillist, Listserv, any form of auto-responder, or Spam on the Site, or any processes that run or are activated while User is not logged in. LotNetwork has the right to revoke the privileges of any User or company, or individual or company affiliated with them, that breaches these terms.
Any fraudulent, abusive, or otherwise illegal activity in connection with the Site or the Service also is grounds for termination of User’s right to use the Service or to access the Site. Use of the Site or Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including materials, Communications and Content that are deemed threatening or obscene), transmit viruses or worms or engage in any kind of illegal activity is expressly prohibited. User shall not use any robot, spider or other automated process to monitor, data mine or copy LotNetwork products, services or information; decompile, decode or reverse engineer Company software; or use LotNetwork products or services in an unlawful manner.
Company reserves the right at its discretion to terminate or suspend User’s membership, subscription Service and access to the Site immediately, at any time without prior notice, with or without cause. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnifications and limitations of liability. Upon termination, LotNetwork shall have no obligation to maintain or forward any content in your account.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL LOTNETWORK BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SITE OR SERVICES, OR USER’S FAILURE TO KEEP ITS LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL) ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and Company’s entire liability under this Agreement shall be a refund to User of up to the previous six (6) months of fees paid to LotNetwork hereunder (or such lesser amount if less than six (6) months were paid), and in no event will LotNetwork’s liability for any reason exceed such fee. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
LotNetwork and its parents, subsidiaries, affiliates, officers employees and agents shall not be liable for any damages whatsoever arising from User’s use of the Site or the Service, and User shall indemnify them and hold each of them harmless from and against any and all claims, demands, costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any third party arising from User’s access to or use of the Service or the Site, its violation of this Agreement, or the infringement of any intellectual property or other right of another.
15. WARRANTY DISCLAIMERS
THE SERVICE, SITE, LISTINGS AND RELATED FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LOTNETWORK MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, SITE, CONTENT OR LISTING INFORMATION. COMPANY DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY ADVERTISMENTS OR LISTINGS, AND USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. LOTNETWORK SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE , THE SITE AND ANY CONTENT OR THIRD-PARTY SERVICES, AND DOES NOT REPRESENT OR WARRANT THAT THEY FOREGOING ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ACCEPTABLE OR ERROR-FREE. LOTNETWORK MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ITS SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE SITE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE THAT RESULTS FROM SUCH DOWNLOADS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
17. LINKS TO OTHER SITES AND PLATFORM INTEGRATION
18. UPDATES AND CHANGES
Company reserves the right to change or update this Agreement at any time without notice. You are responsible for regularly reviewing these terms and conditions for any changes and such changes, modifications, additions or deletions shall be effective immediately upon posting on the Site. If you disagree with any changes to this Agreement, our Services or our policies then you will need to deactivate with us and stop using our Services. Your use of the Services or Site after the posting of any such changes constitutes your acceptance and consent to the changes.
19. LOCATION OF SITE AND SERVICE
LotNetwork is a U.S. company that is based in and focused on servicing U.S. customers and users. When you access the Site, use Services or submit information to LotNetwork you understand and agree that you are accessing the Site, using Services and submitting such information in the United States, notwithstanding where you may be physically located at the time. Likewise, we maintain and process such information in the United States for the purposes described herein. The United States may not have the same laws and regulations as the country in which you were located when you accessed or used the Site or Services.
The failure of the Company to exercise or enforce a legal right or remedy contained in the Agreement does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of LotNetwork, which retains the right to withhold consent in its sole discretion. This Agreement, and the Service and Site, shall be governed by the laws of the State of North Carolina, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Mecklenburg County, North Carolina for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Questions concerning this Agreement should be directed to:
Chief Compliance Officer
6135 Park South Drive, Suite 510
Charlotte, NC 28210