TERMS OF USE
Welcome
to www.LPAgent.com. We maintain this web site
as a service to our customers. By using our
site, you are agreeing to comply with and be
bound by the following terms of use. Please
review the following terms carefully. If you
do not agree to these terms, you should not
review information or obtain goods or products
from this site.
1. Acceptance of Agreement. You agree to the
terms and conditions outlined in this Terms
of Use Agreement (“Agreement”) with respect
to our site (the “Site”). This Agreement constitutes
the entire and only agreement between us and
you, and supersedes all prior or contemporaneous
agreements, representations, warranties and
understandings with respect to the Site, the
content, products or services provided by or
through the Site, and the subject matter of
this Agreement. This Agreement may be amended
at any time by us from time to time without
specific notice to you. The latest Agreement
will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics,
design, compilation, magnetic translation,
digital conversion and other matters related
to the Site are protected under applicable
copyrights, trademarks and other proprietary
(including but not limited to intellectual
property) rights. The copying, redistribution,
use or publication by you of any such matters
or any part of the Site, except as allowed
by Section 4, is strictly prohibited. You do
not acquire ownership rights to any content,
document or other materials viewed through
the Site. The posting of information or materials
on the Site does not constitute a waiver of
any right in such information and materials.
3. Trademarks. Logos, Pictures, Tag Lines
and others are either trademarks or registered
trademarks of LPAgent.com. Other product and
company names mentioned on the Site may be
trademarks of their respective owners.
4. Limited Right to Use. The viewing, printing
or downloading of any content, graphic, form
or document from the Site grants you only a
limited, nonexclusive license for use solely
by you for your own personal use and not for
republication, distribution, assignment, sublicense,
sale, preparation of derivative works or other
use. No part of any content, form or document
may be reproduced in any form or incorporated
into any information retrieval system, electronic
or mechanical, other than for your personal
use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We
reserve the right in our sole discretion to
edit or delete any documents, information or
other content appearing on the Site.
6. Indemnification. You agree to indemnify,
defend and hold us and our partners, attorneys,
staff and affiliates (collectively, “Affiliated
Parties”) harmless from any liability, loss,
claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement
or use of the Site.
7. Nontransferable. Your right to use the
Site is not transferable. Any password or right
given to you to obtain information or documents
is not transferable.
8. Disclaimer and Limits. THE INFORMATION
FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. THIS SITE AND THE INFORMATION WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE
PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES
OR INFORMATION.
9. Use of Information. We reserve the right,
and you authorize us, to the use and assignment
of all information regarding Site uses by you
and all information provided by you in any
manner consistent with our Privacy Policy.
10. Third-Party Services. We allow access
to or advertise third-party merchant sites
(“Merchants”) from which you may purchase certain
goods or services. You understand that we do
not operate or control the products or services
offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment,
billing and customer service. We are not a
party to the transactions entered into between
you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
11. Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating
procedures of Merchants will apply to you while
on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants
are independent contractors and neither party
has authority to make any representations or
commitments on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as
it may change from time to time, is a part
of this Agreement.
13. Payments. You represent and warrant that
if you are purchasing something from us or
from Merchants that (i) any credit information
you supply is true and complete, (ii) charges
incurred by you will be honored by your credit
card company, and (iii) you will pay the charges
incurred by you at the posted prices, including
any applicable taxes.
14. Securities Laws. This Site may include
statements concerning our operations, prospects,
strategies, financial condition, future economic
performance and demand for our products or
services, as well as our intentions, plans
and objectives, that are forward-looking statements.
These statements are based upon a number of
assumptions and estimates which are subject
to significant uncertainties, many of which
are beyond our control. When used on our Site,
words like “anticipates,” “expects,” “believes,”
“estimates,” “seeks,” “plans,” “intends” and
similar expressions are intended to identify
forward-looking statements designed to fall
within securities law safe harbors for forward-looking
statements. The Site and the information contained
herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None
of the information contained herein is intended
to be, and shall not be deemed to be, incorporated
into any of our securities-related filings
or documents.
15. Links to other Web Sites. The Site contains
links to other Web sites. We are not responsible
for the content, accuracy or opinions express
in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval
or endorsement of the linked Web site by us.
If you decide to leave our Site and access
these third-party sites, you do so at your
own risk.
16. Copyrights and Copryright Agents. We respect
the intellectual property of others, and we
ask you to do the same. If you believe that
your work has been copied in a way that constitutes
copyright infringement, please provide our
Copyright Agent the following information:
(a) An electronic or physical signature of
the person authorized to act on behalf of the
owner of the copyright interest;
(b) A description of the copyrighted work that
you claim has been infringed;
(c) A description of where the material that
you claim is infringing is located on the Site;
(d) Your address, telephone number, and email
address;
(e) A statement by you that you have a good
faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
and
(f) A statement by you, made under penalty
of perjury, that the above information in your
Notice is accurate and that you are the copyright
owner or authorized to act on the copyright
owner’s behalf.
Our Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached
as follows: By mail:
LPAgent.com
c/o Copyright Agent
P.O. Box 3482
City of Industry, CA 91744
By email: info@lpagent.com
17. Refund Policy. If a product purchased
by you proves to be defective or not to your
reasonable satisfaction, you can return the
product within 10 days of receipt, to the following
address: P.O. Box 3482, City of Industry, CA
91744, Attn: Refunds Department. In such event,
we will provide you a credit for other purchases
on the Site (less shipping and handling charges
incurred). This Section 17 sets forth your
sole and exclusive right to refund and return.
18. Information and Press Releases. The Site
contains information and press releases about
us. While this information was believed to
be accurate as of the date prepared, we disclaim
any duty or obligation to update this information
or any press releases. Information about companies
other than ours contained in the press release
or otherwise, should not be relied upon as
being provided or endorsed by us.
19. Miscellaneous. This Agreement shall be
treated as though it were executed and performed
in Los Angeles, California, and shall be governed
by and construed in accordance with the laws
of the State of California (without regard
to conflict of law principles). Any cause of
action by you with respect to the Site (and/or
any information, products or services related
thereto) must be instituted within one (1)
year after the cause of action arose or be
forever waived and barred. All actions shall
be subject to the limitations set forth in
Section 8 and Section 10. The language in this
Agreement shall be interpreted as to its fair
meaning and not strictly for or against either
party. All legal proceedings arising out of
or in connection with this Agreement shall
be brought solely in Los Angeles, California.
You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial
service of process. Should any part of this
Agreement be held invalid or unenforceable,
that portion shall be construed consistent
with applicable law and the remaining portions
shall remain in full force and effect. To the
extent that anything in or associated with
the Site is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such
provision.
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