Terms of Service Agreement
These Terms of Service were last updated on ___________, 2021, apply to all Users of HUSTLERNewsStand.com and these Terms of Service are effective immediately for all Users (as defined below).
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT“) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER“) AND LFP Publishing Group, LLC (“LFP“, “COMPANY“, “WE“, “OUR” OR “US“).
SECTION 15 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
By accessing or using any website with an authorized link to this Agreement (“Website“), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website, placing an order, or purchasing any products from the Website (collectively with the Website, the “Services“), clicking on a button, or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, conditions and policies that we separately post on the Services (“Supplemental Terms“) which are incorporated by reference into this Agreement. Some of the specialized features and tools accessible through our Services are provided by Third-Party companies pursuant to their own separate Terms of Service (“Third-Party Terms“) that differ from ours. By using such Third-Party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms.
Subject to Section 15.9. of this Agreement, LFP reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Registration.When registering an account for the Services (“Account“), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data“) and to promptly update the Registration Data thereafter as necessary. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify LFP immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same LFP service at any given time. LFP reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of LFP.
2. Order Process.
2.1. Order Acceptance. Each part of any order that you submit to LFP constitutes an offer to purchase. If you do not receive a message from LFP confirming receipt of your order, please contact our Customer Service department before re-entering your order. LFP’s confirmation of receipt of your order does not constitute LFP’s acceptance of your order. LFP is only deemed to have accepted your order once the product(s) you ordered (each, a “Product“) have been shipped.
2.2. Order Issues. Although we strive to accept all valid orders, LFP reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
2.3. Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, LFP and the applicable publisher of such Product reserves the right to (i) cancel your order and provide you a refund for the amount paid for the Product (if the Product is a one-time order), (ii) substitute the Product with a similar Product and allow you to cancel the substitute Product for a pro-rata refund, or (iii) issue you a pro rata refund. Except as may otherwise be provided for in these Terms, we reserve the right to issue refunds or credits. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
2.4. Restrictions on Resale. To protect the intellectual property rights of LFP and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. LFP reserves the right to decline any order that we deem to possess characteristics of reselling.
3. Fees and Purchase Terms.
3.1. Payment and Purchase Information. In connection with your use of the Services, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (i.e., credit/debit card number, credit/debit card expiration date, and/or bank account number), billing address, and shipping address or information (“Purchase Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR PAYMENT METHOD(S) USED IN CONNECTION WITH ANY USE OF THE SERVICES. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide LFP with valid Purchase Information in connection with your orders. By providing LFP with your Purchase Information, you agree that (i) LFP is authorized to immediately invoice your Account for all fees and charges due and payable to LFP hereunder, (ii) you grant LFP the right to provide such information to third parties for the purposes of facilitating the completion of any purchase initiated by you or on your behalf and LFP is authorized to share any payment information and instructions required to complete the payment transactions with its Third-Party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), (iii) to provide LFP with the right and opportunity to verify any Purchase Information to acknowledge or complete any order to purchase placed on the Website, and (iv) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify LFP of any change in your Purchase Information. LFP reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or method, or your payment is returned for any reason, LFP reserves the right to either suspend or terminate your access to the unpaid-for services.
3.2. Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes“). Promo Codes may only be used once per person. Only Promo Codes sent to you through official LFP communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. From time to time, we may offer special promotions (such as free premiums with purchase), associated with some of our products or Services. All promotional offers, including premium offers, may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted. Unless otherwise stated in the offer, shipment of premium items may take 6-12 weeks and shipping fees may apply.
3.3. Refunds. Except as set forth in Section 2.3, in this Section 3.3, or in any separate refund policy posted on the Website, all fees in connection with the Services are non-refundable.
3.3.1. Returns and Refund Policy.
- To return a purchased Product and request a refund, a refund request must be placed within three (3) days of receipt of any such Product. A User may place a refund request by emailing a request to email@example.com, mailing a request to 8484 Wilshire Blvd, Suite 900, Beverly Hills, CA 90211, or placing a request over the phone by calling +1-(323)-651-5400 (ext. 7651). Following a request, Users with Products that qualify for a return and refund will be provided with a Return Merchandise Authorization number. All accepted returns eligible for refund will result in a refund directed to the form of payment used for the original purchase of the Product. Where Users paid for a purchase with cash or check, a check will be mailed to the User within sixty (60) days. Any return and refund may be subject to a restocking fee which will be applied to any amount refunded. LFP reserves the right to issue credits in connection with the return of Qualifying Products. All applicable shipping and handling fees associated with a return shall be paid by the User even where a product was purchased with free shipping. Only Qualifying Products (as defined in 3.3.1(b) below) are eligible for return and refund.
- Qualifying Products. The term “Qualifying Products” means Products that are eligible for a refund when returned. Qualifying Products must exhibit all of the following characteristics, and are limited to the following:
- Products purchased at regular or original price;
- Products in their sealed original packaging;
- Products that are magazine issues;
- Products that are issues of magazines or publications; and
- Products that are not Ineligible Products (defined below).
- Products Not Eligible for Refund. All sales of Ineligible Products are final and Ineligible Products are not eligible for return or refund. The term “Ineligible Products” includes, but is not limited to:
- Any Product purchased in connection with or using a Promo Code;
- Any Product purchased in connection with a Website sale or promotion;
- Any Product that has been purchased at a price below its original listed price;
- Any Product that has been opened from its original sealed packaging;
- Any limited edition or otherwise designated special edition Product;
- Any autographed or signed Product;
- Any complimentary, supplemental, or additional item or Product that has been provided with a purchase;
- Any Product that is not an issue of a magazine or publication; or
- Any Product labelled as a final sale Product.
3.3.2. Complimentary Items. Purchased Products may come with a free or complimentary item such as a complimentary DVD (the “Complimentary Items”), these Complimentary Items are not eligible for a refund, but may be eligible for replacement. We reserve the right to deny replacement of or refrain from replacing any a Complimentary Item received in connection with the purchase of a Product from the Website. Replacement of any DVD or complimentary item will not provide any User with credits, promotions, or free Products.
3.4. Miscellaneous Purchase Terms. All Product information, images, references, content, specifications, and prices described or depicted on the Website are subject to change at any time without notice. The inclusion of any Product on the Website does not imply or warrant that such Product will be available. It is your responsibility to ascertain and obey all applicable, local, state, federal, and international laws in regard to the receipt, possession, use, and purchase of any and all Products purchased from the Website, including without limitation, any minimum age requirements. By using the Services, you represent that the Products ordered will be used only in a lawful manner. All Products sold are for private, non-public, home use and may not be duplicated, copied, sampled, or used to create derivative works of any kind. LFP reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any Promo Code, credit, or similar promotion; (iii) bar any User from making or completing any and all transactions on the Website, including use of the Services; and (iv) refuse to provide any User with any Product or use of the Services. The risk of loss for any title to any Product purchased on the Website passes to the purchaser upon delivery to the carrier.
4. User Conduct.You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any Third-Party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without LFP’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of LFP.
5. Feedback.You agree that your submission of any ideas, suggestions, documents, and/or proposals to LFP (“Feedback“) is at your own risk and that LFP has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to LFP the right to use any Feedback in any way at any time without any additional approval or compensation.
6. Ownership of and License to Use LFP Properties.
6.1. Use of the Services. Except with respect to any content that that User makes available in connection with the Services, or otherwise provided to LFP, whether online or offline and whether or not solicited by LFP, LFP and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, LFP grants you a limited license to use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. LFP, its suppliers and service providers reserve all rights not granted in this Agreement.
6.2. Trademarks. LFP’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of LFP and may not be used without permission in connection with any Third-Party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
7. Restrictions on Use of Services.The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, logo or Services (including images, text, page layout or form) of LFP; (c) you shall not use any metatags or other “hidden text” using LFP’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other User, host or network, including by means of overloading, “flooding”, “spamming”, “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by LFP pursuant to this Agreement.
8. Third-Party Links.The Services may contain links to Third-Party services such as Third-Party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you have left the Services. LFP does not control and is not responsible for Third-Party Links. LFP provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
9. Indemnification. You agree to indemnify and hold LFP, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “LFP Parties“) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) Your Content; (b) your misuse of the Services; (c) your violation of this Agreement; (d) your violation of any rights of another Party, including any Users; or (e) your violation of any applicable laws, rules or regulations. LFP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LFP in asserting any available defenses. This provision does not require you to indemnify any of the LFP Parties for any unconscionable commercial practice by such Party or for such Party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement, or your access to the Services.
10. Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LFP PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. LFP PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OR CONTAINED IN OUR PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT LFP AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Limitation of Liability.
11.1. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LFP PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT LFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE LFP PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO LFP BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (BN) ONE HUNDRED DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A LFP PARTY FOR DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY A LFP PARTY’S GROSS NEGLIGENCE OR FOR ANY INJURY CAUSED BY A LFP PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
11.3. User Content and Settings. THE LFP PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
11.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LFP AND YOU.
11.5. Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS. IN ADDITION, THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.
12. Procedure for Making Claims of Copyright Infringement.If you believe content related to the Services infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) 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. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: LFP Publishing Group, LLC, Attn: Office of Counsel, 8484 Wilshire BLVD., Beverly Hills, CA 90211.
13. Termination.At its sole discretion, LFP may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any Third-Party. In addition to suspending or terminating your access to the Services, LFP reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to LFP for Products purchased will remain due.
14. International Users. The Services are controlled and offered by LFP from its facilities in the United States of America. LFP makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
15. Dispute Resolution. Please read the following Arbitration Agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate most disputes with LFP and limits the manner in which you can seek relief from us. As used in this Arbitration Agreement, the terms “LFP”, “company”, “we”, “our” and “us” are defined to include the LFP Parties.
15.1. Applicability of Arbitration Agreement. You agree that any dispute between you and us relating in any way to the Services, our advertising or marketing practices, any Products sold or distributed through the Services, or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or LFP may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH LFP, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST LFP ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING COVERED CLAIMS AGAINST LFP ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.
15.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to LFP Publishing Group, LLC, Attn: Office of Counsel, 8484 Wilshire BLVD., Suite 900, Beverly Hills, CA 90211. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at (800) 352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, LFP will pay them for you. In addition, LFP will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
15.3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and LFP. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
15.4. Waiver of Jury Trial. YOU AND LFP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and LFP are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in section 15.1. above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
15.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, in the event that this section 15.5. is deemed invalid or unenforceable with respect to a particular claim for relief, neither you nor we shall be entitled to arbitration of such claim or dispute and instead the applicable claim for relief, and only that particular claim for relief, shall be resolved in a court as set forth in section 16.5. All other claims for relief subject to this Arbitration Agreement shall be arbitrated.
15.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to LFP Publishing Group, LLC, Attn: Office of Counsel, 8484 Wilshire BLVD., Suite 900, Beverly Hills, CA 90211 or email to firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your LFP username (if any), the email address you used to set up your LFP account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other Arbitration Agreements that you may currently have with us or may enter in the future with us.
15.7. Severability. Subject to section 15.5., if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
15.8. Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with LFP.
15.9. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if LFP makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to LFP.
16. General Provisions.
16.1. Electronic Communications. The communications between you and LFP may include the use of electronic communication methods, whether you visit the Services or send LFP e-mails, or whether LFP posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from LFP in an electronic form; and (2) agree that all Terms of Service, Agreements, notices, disclosures, and other communications and documents that LFP provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
16.2. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without LFP’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.3. Force Majeure. LFP shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, public health emergencies, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
16.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.
16.5. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and LFP agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state courts in Los Angeles County, California or federal courts located in the Central District of California. You and we agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims and disputes.
16.6. Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
16.7. Notice. Where LFP requires that you provide an e-mail address, you are responsible for providing LFP with your most current e-mail address. In the event that the last e-mail address you provided to LFP is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, LFP’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give written notice to LFP Publishing Group, LLC, Attn: Office of Counsel, 8484 Wilshire BLVD., Suite 900, Beverly Hills, CA 90211. Such notice shall be deemed given when received by LFP by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
16.8. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.9. Severability. Subject to Section 15.5., if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
16.10. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, 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. You also will not use the Services for any purpose prohibited by U.S. law.
16.11. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
16.12. Entire Agreement. This Agreement is the final, complete, and exclusive Agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.