Terms and Conditions Agreement
This terms and conditions agreement (“Agreement”) is between Integrant Services, LLC, a Nebraska limited liability company, the owner of LHIAA.com (“LHIAA”) and you (“Subscriber” or “you”) regarding a program you wish to purchase through LHIAA.
By purchasing a subscription to one of the programs sold via LHIAA, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the program.
If you are making a purchase on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
This Agreement was last modified on June 26, 2018
Programs and Access Levels. You agree to purchase the program or class (“Program”) selected by you, as described on the Program product page. When you purchase a Program, you may select one of two subscription lengths (“License Length”); either 90-Day or Lifetime. When you purchase a 90-Day License Length, after the end of your License Length, you will no longer have access to the Program. When you purchase a Lifetime License Length, you will have access to the Program for the lifetime of the Program, including all Program updates and access to any available online forum. (Note: Lifetime is not defined as “forever” and is not defined as for the life of the subscriber. Lifetime is defined as “for the lifetime of the Program.”)
Subscriber Duties and Forum Rules. You agree to comply with the rules of the any available online forums included in your purchased Program(s) including: you will not use the online forum to post spam, including promotions or advertisements for other products and services; you will not use the online forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; LHIAA may moderate, edit, or delete posts at any time, at LHIAA’s sole discretion; and LHIAA may ban a subscriber from the group at any time, for violating the above rules, without any refund or appeal. Any information you provide to LHIAA and other subscribers in a forum group is not confidential. However, you agree that you will respect the privacy of fellow Program subscribers, and will not repost or share the information provided by a fellow Program subscriber with any third party, including on the Internet or via social media. You understand that any abusive, negative, or inappropriate conduct with LHIAA staff or any of the other Program subscribers is a material breach of this Agreement.
Payments. You agree to pay the fee as stated on the sales page of the Program, using either PayPal or Stripe (upon your selection). Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. LHIAA will have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand and agree that fees are non-refundable, and you are responsible for the payment even if you choose not to utilize the Program.
Intellectual Property. LHIAA owns the copyrights and other intellectual property rights over any materials provided via any Programs sold under this Agreement. You are licensed to use the materials only for your own individual use. You are not allowed to reproduce, share, distribute, or sell these materials, including giving the materials to others, posting materials on the Internet, or sharing materials via social media.
Forum and Review Content. You retain copyright and trademark rights over all content you upload to the online forum, and grant LHIAA a non-exclusive, universe-wide, royalty-free license to display your forum materials content only in the online forum. You grant LHIAA a non-exclusive, universe-wide, transferable, sub-licensable, royalty-free, perpetual, irrevocable license to any online reviews content, to use in and around the marketing and promotion of LHIAA and Integrant Services.
Term. This Agreement begins when you purchase a course or subscription and will continue for the term of your subscription or until terminated under this section, whichever is first. If either party materially breaches this Agreement, the other party may terminate this Agreement upon five (5) days written notice, unless the breach is cured within the notice period.
No Guarantees or Warranties. The Program is for your education and information. LHIAA cannot and does not guarantee that any specific results will be obtained from the Program such as specific goals regarding business success or website traffic, because your results involve factors beyond the control of LHIAA, including your experience, training, and business status. LHIAA disclaims any warranties as to the availability, completeness, or accuracy of the materials. LHIAA disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement.
Your Warranties and Indemnification. You warrant that any materials you upload to the online forum and any reviews you submit do not infringe upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify LHIAA against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement, and your participation in any purchased Program.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
No Waiver. The terms of this Agreement cannot be waived or modified except by an express agreement in writing signed by all the parties.
No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity, except that if an institution has purchased the Program for one of its employees, that institution may assign it to another employee, upon consent of LHIAA (which will not be unreasonably withheld). Sharing your login information with any other person (except as provided above) is a material breach of this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter contained in this Agreement.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
Choice of Law and Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be governed by the laws of the State of Nebraska. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There will be no other discovery allowed. The arbitration will be based on the submission of documents and there will be no in-person or oral hearing. Time is of the essence for any arbitration under this Agreement and arbitration hearings will take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) will agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) will not award consequential damages in any arbitration initiated under this section. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Reporting Copyright Infringement (DMCA). LHIAA complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at [email protected] or 19818 Ewel Ct, Plattsmouth, NE 68048 (402) 913-0152, containing the following information:
– Your contact information (name, mailing address, phone number).
– A description of the copyrighted work that you believe was infringed.
– A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
– A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
– Your digital or physical signature.
Any questions about the Agreement can be directed to: firstname.lastname@example.org