Terms of Service

This site is owned and maintained by LPology, LLC ("LPology"). Please read the following information carefully. By accessing and using this site, and all other services of LPology ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms"), without limitation or qualification. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (a) You have full legal authority to bind your employer, or the applicable entity, to the Terms; (b) You have read and understand the Terms; and (c) You agree, on behalf of the party that you represent, to the Terms.

Account terms

  1. You must be 13 years old or older to use this service.
  2. Users are responsible for maintaining the confidentiality of their account passwords.
  3. Users are responsible for all activity that occurs under their respective accounts.
  4. Users agree to immediately notify LPology of any unauthorized use of their password or account.
  5. Individual accounts may not be used by more than one person. Sharing of accounts is not permitted.
  6. Use of the Service for any unlawful purpose is prohibited.

Payment and Renewal

  1. By selecting and ordering a service package, you agree to pay LPology the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis beginning on the day that your account is activated and will cover the use of that service for a monthly or annual subscription period as indicated.
  2. Unless you notify LPology before the end of the applicable subscription period that you want to cancel Service, your Service plan will automatically renew and you authorize LPology to collect the then-applicable annual or monthly subscription fee using any credit card or other payment mechanism on record for you.

Termination

  1. You may cancel your account at any time. Upon notice of cancellation, your account will remain accessible for the remainder of the current paid up month. Access to your account may be immediately disabled upon receipt of a written request. Unless your account has been active for fewer than 30 (thirty) days, no refunds will be issued for early terminatation.
  2. LPology may, in its sole discretion, terminate or suspend your access to all or any part of the Service at any time, with or without cause, and with or without notice. You agree that LPology shall not be liable to you or any third party for any such termination of your account or suspension of access to the Service.

Content

  1. Posting any type of content that infringes any patent, trademark, trade secret, copyright, or any other property right is not permitted.
  2. LPology claims no ownership of property rights for any content posted or stored through the Service.

Text and E-mail Alerts

  1. To receive text alerts, users must opt into the text alert system by providing their mobile number in the "Mobile Settings" box under the "Settings" tab of the Dashboard. Users may opt out at any time by updating the settings at the same location.
  2. By opting into the text alert system, you acknowledge that (a) You are the mobile phone account holder or have the account holder's permission to subscribe, and (b) You have read, understand, and agree to be bound by these Terms.
  3. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Under no circumstances will LPology, or its affiliates or their respective directors, officers, employees or agents be responsible for any text messaging or wireless fees you may incur.
  4. If you exceed the number of monthly allotted text message alerts included in your plan, you agree to pay for any additional text message alerts at a rate of 2¢ (two cents) per text message. Any such overage fees will be added to your next month's bill.

Modifications to Service

LPology reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LPology shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.

Warranty Disclaimer

THIS SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

Limitation of Liability

LPOLOGY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE.

Indemnification

You agree to indemnify and hold harmless LPology, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of the Terms of Service.

Miscellaneous

This Agreement constitutes the entire agreement between LPology and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LPology, or by the posting by LPology of a revised version. Except to the extent applicable law, if any, provides otherwise, the Terms of Service, any access to or use of the Service will be governed by the laws of the Commonwealth of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fayette County, Kentucky. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lexington, Kentucky, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Changes

LPology reserves the right, at its sole discretion, to update and change the Terms of Service from time to time without notice. The most recent version of the Terms of Service, along with the last date of revision, can be accessed at http://www.lpology.com/terms/. LPology may also, in the future, offer new tools and/or features through the Service. Such new tools and/or features shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

This policy was last modified on October 10, 2012.