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.
Payment and Renewal
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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.
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.
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.
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.
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.