General
This website (the "Site") is owned and operated by Lanissa Brantley DBA LB Solutions, LLC and its agents. By using this Site, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (Terms), Privacy Policy and any disclaimer notice and any or all Agreements on this Site:
“Customer”, “You”, “User” and “Your” refers to you, the person accessing this Site and exploiting Our Services/Products and therefore accepting the Company’s terms and conditions and;
“User Account” or “Account” shall mean the online account maintained by the User at the Site to avail of the Services;
the “Company”, “Our”, “We” and “Us”, refers to Our Company, LB Solutions, LLC.
“Party” or “Parties” refers to both the Customer/User and Ourselves, or either the Customer or Ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”).
Any use or access by anyone under the age of 16 is prohibited unless permitted by the laws of Your country of residence, and certain regions and/or Products may have additional requirements and/or restrictions.
All rights not expressly granted to You under these Terms are reserved to the Company.
Acceptance of Terms.
By registering for and using the Site, You agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, Our Privacy Policy, Our Refund Policy and any additional terms and conditions that may apply to specific sections of the Site or to Products and Services available through the Site or from LB Solutions, LLC. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and Your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case We will post the revised Terms of Service on this website. By continuing to use the Site after We post any such changes, You accept the Terms of Service, as modified.
Certain of the Services may be subject to additional terms and conditions specified by Us from time to time; Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all Users of the Services, including, without limitation, Users who are contributors of content, information, and other materials or services, registered or otherwise.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LB SOLUTIONS, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Eligibility.
You represent and warrant that You are at least 16 years of age. If You are under age 16, You may not, under any circumstances or for any reason, access or use the Services. We may, in Our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to You and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for Your use, and not for the use or benefit of any third party. If You are registering with LB Solutions, LLC on behalf of an entity or a third party, You represent and warrant that You have full authority to bind that entity to these Terms of Service.
Services.
The Site allows You to purchase different types of products and services online. Each purchase is intended to be used only by one person, unless specified otherwise under Product’s details. You are not allowed to share Your purchase and/or provide access to such purchase to a third party. Please acknowledge that the Products We provide You with through Our Site constitute Our intellectual property and may not be exploited in any way prohibited by these Terms.
License.
Our Limited License to You
Subject to these Terms of Service and Our policies, We grant each user of the services a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. You may use Our Product(s) only for Your personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from Us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. You also agree that You will access, and/or use only one User Account, unless expressly permitted by Us, and You will not share access to Your User Account or access information for Your Account with any third party.
Using our Services/Product(s) does not give You the ownership of or any intellectual property rights in Our Services or the Product(s) you access through Our Site. This Site and all the materials available on the Site are the property of us and/or our affiliates, and are protected by copyright, trademark, and other intellectual property laws. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.
Your License to Us
By posting or submitting any material (including, without limitation, comments, community postings, photos and videos) to Us via the Site, You are representing: (i) that you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and (ii) that You are 16 years of age or older. In addition, when You submit or post any material, You are granting Us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, You grant Us the right to identify You as the author of any of Your postings or submissions by name or screen name, as We deem appropriate.
Registration.
To access certain features of the Site, We may ask you to provide certain demographic information. You must provide accurate and complete information and keep Your Account information updated. In addition, if You elect to sign-up for a particular feature of the Site, you may also be asked to register with Us on the form provided and such registration may require You to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about Yourself as prompted by the Site's registration form. If We have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information You provide to Us as part of the registration process is governed by the Terms of our Privacy Policy.
Passwords.
To use certain features of the Site, You will need a username and password, which You will receive through the Site's registration process.
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under Your password or account. You agree to notify Us immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to protect Your password or account information.
You may never use another person’s user account or registration information for the Services without permission. You must notify Us immediately of any change in Your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of Your Account. You should never publish, distribute or post login information for Your Account. You shall have the ability to delete Your Account, either directly or through a request made to one of Our employees or affiliates.
Privacy.
We are committed to protecting Your privacy. We will only use information collected from individual Customers to facilitate and deliver orders as part of Our commitment to provide the Services for which Our Customers have paid. Moreover, as We endeavor to provide You better products/services We will also be using Your email address to promote Our other products/services. You can opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible service to Our Customers.
Support.
We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: Lanissa@lb.solutions with a subject line “Support”. However, We will not be liable or in any way responsible for Your own technical issues, internet speed and other related to Your access/device/location matters and We reserve the right to solely determine whether such difficulty exists on Our side.
Fees.
Purchasing a Product
We offer paid Product(s) for a fee. You are responsible for paying all fees charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Product(s). When You make a purchase, You agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any Product for which we have not received adequate payment. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are solely responsible for any sales, value-added, withholding or similar taxes that apply to Your purchase, whether domestic or foreign. You can purchase Our Product(s) via credit card: If You choose to pay by credit card You authorize Us to charge Your credit card or bank account for an amount of Product’s applicable fee.
By purchasing any Product through Our Site, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third-party policies.
Billing and Payments.
Paid Services
Certain of Our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to You in the process of using or signing up for a Paid Service are deemed part of this Agreement.
Billing
We use a third-party payment processor (the “Payment Processor”) to bill You through a payment account linked to Your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, You agree to pay Us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and You authorize Us, through the Payment Processor, to charge Your chosen payment provider (Your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method
The terms of Your payment will be based on Your Payment Method and may be determined by agreements between You and the financial institution, credit card issuer or other provider of Your chosen Payment Method. If We, through the Payment Processor, do not receive payment from You, You agree to pay all amounts due on Your Billing Account upon demand.
Recurring Billing
Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by You. By choosing a recurring payment plan, You acknowledge that such Services have an initial and recurring payment feature, and You accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Auto-Renewal for Subscription-Based Services
Unless You opt out of auto-renewal, any subscription-based Services You have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If You terminate a subscription-based Service, You may use Your subscription until the end of Your then-current term; Your subscription will not be renewed after Your then-current term expires. However, You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Reaffirmation of Authorization
Your non-termination or continued use of a Paid Service reaffirms that We are authorized to charge Your Payment Method for that Paid Service. We may submit those charges for payment, and You will be responsible for such charges. This does not waive Our right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially selected to use the Paid Service.
Free Trials and Other Promotions
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service.
Termination.
The Company may terminate your access to all or any part of the Site, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately. In the event of cancellation or termination, the restrictions imposed with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
You can stop using Our Services at any time. You may delete Your User Account by Site features or notifying Us at Lanissa@lb.solutions.
Content.
Definition
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content
We shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by Users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by You is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by You using the Services is at Your own risk and You will be solely responsible for any damage or loss to You or any other party resulting therefrom. We do not guarantee that any Content You access on or through the Services is or will continue to be accurate.
Notices and Restrictions
The Services may contain Content specifically provided by Us, Our partners or Our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in Our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if We are concerned that You may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services.
Intellectual Property.
Unless otherwise indicated, this Site is Our proprietary property and all content, including but not limited to, source code, databases, functionality, software, Site designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions.
Rules of Conduct.
As a condition of use, You promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of Your activity, and all activity connected to Your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Services that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty;
ii. violates these Terms of Service;
iii. You know is false, misleading, untruthful or inaccurate;
iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Us in Our sole discretion;
v. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Ours or of any third party;
vii. impersonates any person or entity, including any of Our employees or representatives; or
viii. includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our (or Our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures We may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of Our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You shall not share access to Our Product with a third party (unless otherwise permitted by us separately in writing).
We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Us, Our users and the public.
Community groups, message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the services, message boards, chats or other public forums in the future.
Third Party Services.
The Services may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When You access third party resources on the Internet, You do so at your own risk. These other resources are not under our control, and You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply Our endorsement or any association between Us and their operators. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Warranty and Other Disclaimers.
We have no special relationship with or fiduciary duty to You. You acknowledge that We have no duty to take any action regarding:
i. which users gain access to the Services;
ii. what Content You access via the Services; or
iii. how You may interpret or use the Content.
You release us from all liability for You having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and We will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR OTHERWISE FOR ANY PURPOSE.
Limitation of Liability.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE USE OF, OR INABILITY TO USE, THE SITE, OR ITS PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO, EMAILS, MESSAGING, BLOGS, COMMENTS OF OTHERS, COURSES, EBOOKS, THIRD PARTY MATERIALS, PRODUCTS OR SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). (III) FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
Information contained in this Site (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was created. However, this material deals with topics that are rapidly changing and subject to ongoing changes related to healthcare, technology and the marketplace as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, medical, financial, tax, accounting, or related advice.
The contents of this Site and its Products and Services serve as a general guideline and not as the ultimate source of current information. The User should consult their own legal, compliance, accounting or other advisors as appropriate.
THE CONTENT AND INFORMATION PRESENTED ON THIS SITE IS INTENDED FOR A GENERAL AUDIENCE AND SHOULD NOT BE CONSTRUED AS SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL.
NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS MEDICAL, LEGAL, COMPLIANCE OR FINANCIAL ADVICE.
Testimonials, case studies, examples, and illustrations do not guarantee similar results. Results may vary significantly and factors such as market variability, customer engagement, personal effort and other circumstances will cause results to vary.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
Indemnification.
You shall defend, indemnify, and hold harmless Us, Our affiliates and each of Our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Site, the Services, Content, or otherwise from Your User Content, Your violation of these Terms of Service, or infringement by You, or any third party using Your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses.
Arbitration Clause and Class Action Waiver.
IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LB SOLUTIONS, LLC OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH LB SOLUTIONS, LLC, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF THE STATE OF OKLAHOMA. THEN IN EFFECT, AND YOU AND LB SOLUTIONS, LLC HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE LB SOLUTIONS, LLC'S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF OKLAHOMA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND LB SOLUTIONS, LLC WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF.
Class Action Waiver
NEITHER YOU NOR LB SOLUTIONS, LLC WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST LB SOLUTIONS, LLC INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if LB Solutions, LLC is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court. This arbitration agreement will survive the termination of Your relationship with LB Solutions, LLC.
Governing Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oklahoma, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Oklahoma.
Miscellaneous.
Force Majeure
We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment
These Terms of Service are personal to You, and are not assignable, transferable or sublicensable by You except with our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.
Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
No Waiver
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of Our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, We must provide You with written notice of such waiver through one of Our authorized representatives.
Headings
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Severability.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Entire Agreement.
These Terms of Service (including, for clarity, the Privacy Policy) are the entire agreement between You and Us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to the Services.
Contact.
For matters related to Our Products and Services, please contact Us at Lanissa@lb.solutions.
Effective Date of Terms of Service: August 23, 2023
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