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This Terms of Use Agreement ("Agreement")
constitutes a valid, binding contract between you and James Shields d/b/a Lavapop ("Lavapop"), the owner and operator of www.lavapop.com,
with respect to the use of this website (the "Site"), whether or not you
register as a user/subscriber. Lavapop provides its products and services
and other content on this Site subject to compliance with the terms of this
Agreement. Your use of this Site signifies and constitutes your acceptance of
this Agreement, as it may be amended from time to time. Please read this
Agreement carefully as it forms a binding contract between you and Lavapop.
Please print a copy of this Agreement for your records.
You must be at least 18 years old to register on or
use this Site. Access or use of this Site or its contents by any person under
the age of 18 is strictly prohibited.
Lavapop takes the issue of privacy on the
Internet very seriously. To view our privacy policy, click here.
If you have specific questions, a link to the
applicable section of this Agreement is provided as follows for your
convenience:
1. Use
of Contents
2. Use
of Site
3. Content
Posted on the Site.
4. Access
and Interference
5. Advertisers;
Links to Other Sites
6. Registration
7. Not a
Substitute for Legal Advice
8. Indemnification
9. Disclaimer
of Warranties
10. Limitations and
Exclusions of Liability
11. Intellectual
Property Rights
12. Digital
Millennium Copyright Act
13. No Agency
14. Release
15. Unsolicited Idea
Submission
16. Identity
Verification
17. Remedies
18. Legal Compliance;
U.S. Export Controls
19. Dispute
Resolution
20. Modification
21. Entire Agreement;
Interpretation
22. Severability
23. Governing Law and
Venue
24. Term; Termination
25. Waiver
26. Contact
Information
1. Use of Contents
You may use the Site only for you or your personal
purposes, provided that (i) the copyright notice appears in all copies, and
(ii) no modifications to any of the documents you copy are made. You shall not
access or use the Site or its content to provide information to third parties
unrelated to personal research regarding the last phase of life or your own
pre-planning. You may not use the Site in connection with any commercial or
group activities or resell any aspect or service or information, nor may you
post on any network computer or broadcast in any media. For commercial use of the
informational content of the Site, you must secure the written consent from the
appropriate content provider. Accredited educational institutes, such as K-12,
universities, private/public colleges, and state community colleges may
download and reproduce portions of the Site for distribution in the classroom.
In addition, use of the content or materials
provided by this Site for any purpose not expressly permitted in this Agreement
is prohibited.
2. Use of Site
Your use of the Site is at the sole discretion of In
Repose, which may deny you further use of the Site at any time, for any reason,
with or without cause. Neither your use of the Site nor registration entitles
you to continue to use the Site.
In order for us to provide services through this
Site, you must provide true, accurate, and current information about yourself
as prompted by the Site's registration form.
Your use of the Site must always comply with
applicable law. In particular, but without limitation, you agree and represent
not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with any person or entity;
(b) upload, post, e-mail, or otherwise transmit any content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically, or otherwise objectionable or harasses or advocates harassment of
another person or promotes information that you know is false, misleading or
promotes illegal activities;
(c) upload, post, e-mail, or otherwise transmit any content involves
the transmission of "junk mail," "chain letters" or
unsolicited mass mailing or "spamming";
(d) upload, post, e-mail, or otherwise transmit any content that
infringes any patent, trademark, trade secret, copyright, or other proprietary
rights of any party;
(e) falsify or delete any copyright management information, such as
author attributions. legal or other proper notices or proprietary designations
or labels of the origin or source of any material uploaded to the site;
(f) solicit passwords or personal identifying information for
commercial, unauthorized or unlawful purposes from other users;
(g) advertise or offer to sell or buy any goods or services for any
business purse;
(h) engage in contests, sweepstakes, barter, and pyramid schemes;
(i) upload, post, e-mail, or otherwise transmit any material that
contains software viruses or any other computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
software, network, hardware, or telecommunications equipment; or
(j) otherwise is inappropriate for the Site, in Lavapop's sole
judgment.
You may not engage in advertising to, or
solicitation of, other users of the Site.
Without limiting any other remedies, Lavapop may
suspend or terminate your account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have engaged in
fraudulent activity in connection with our Site.
You will not provide inaccurate, misleading or
false information to the Lavapop or to any other user. If information
provided to Lavapop, or another user, subsequently becomes inaccurate,
misleading or false, you will promptly notify the Lavapop of such change.
3. Site Content and User Postings.
Lavapop does not warrant the accuracy of the
information placed on its Site. Lavapop takes no responsibility for and
shall not be held liable for any losses arising from the reliance by any
individual, corporation, or third party on information on this Site. If a user
believes that incorrect or defamatory information has been placed on the Site,
please contact Lavapop immediately.
Additionally, users are able to make certain
postings to the Site. You are solely responsible for any materials and messages
(collectively, "Content") that you publish or display (hereinafter,
"post") on the Site or transmit to other users.
By voluntarily submitting information,
communications or other content to the Site, you agree that such submissions are
non-confidential for all purposes. You also automatically grant, and you
represent and warrant that you have the right to grant, to Lavapop an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, perform, display, distribute and sell such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing. Such
submissions are subject to being used, reproduced, modified, published, edited,
translated, distributed, performed and displayed in any media or medium, or any
form, format or forum now known or hereafter developed, for any purpose, in
perpetuity without further notice. The submission of such materials in no way
creates any obligation or duty on the part of Lavapop to post or use such
materials or, if we do so, to give you credit.
By posting any images, photographs, pictures or
that are otherwise graphical in whole or in part ("Images"), you
warrant and represent that (a) you are the copyright owner of such Images, or
that the copyright owner of such Images has granted you permission to use such
Images or any content and/or images contained in such Images consistent with
the manner and purpose of your use and as otherwise permitted by these Terms of
Use, (b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By posting
Images, you are granting permission to use your Images in connection with the
use of this Site, as permitted by these Terms of Use, including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your name attached to such
Images. The licenses granted in the preceding sentences for a Images will
terminate at the time you completely remove such Images from the Site, provided
that, such termination shall not affect any licenses granted in connection with
such Images prior to the time you completely remove such Images. No
compensation will be paid with respect to the use of your Images.
You understand that if you include your email
address in any public posting to the site, that you may receive unsolicited
emails for which Lavapop bears no responsibility.
Lavapop has no obligation to monitor postings;
however, you understand and agree that Lavapop may review and remove any
Content that, in the sole judgment of Lavapop, violates this Agreement or
which, in the sole discretion of Lavapop, might be inappropriate, offensive,
libelous, degrading, objectionable or illegal or might violate the rights of,
harm, or threaten the safety of users, or for any other reason.
4. Access and Interference
You agree that you will not use any robot, spider,
other automatic device, program, algorithm or methodology having similar
processes or functionality, or manual process to monitor or copy our Web pages
or the content contained herein without our prior expressed written permission.
You may not engage in the practices of "screen scraping," "database scraping,"
or any other practice or activity the purpose of which is to obtain lists of
users, portions of a database, or other lists or information from this site, in
any manner or in any quantities not authorized by Lavapop. Additionally, any
other systematic retrieval of data or other content from this Site to create or
compile, directly or indirectly, a collection, compilation, database or
directory without the express written consent of Lavapop is prohibited. You
agree that you will not use any device, software, or routine to bypass any
code, which may be included to prevent you from breaching the obligations in
this paragraph or to interfere or attempt to interfere with the proper working
of the Site. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our or our host’s
infrastructure. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Lavapop or its affiliates without prior express written
consent. Collecting user IDs or email addresses of members, or other
information on the Site, by electronic or other means, is prohibited.
You may not use meta tags or any other "hidden
text" utilizing Lavapop’s name or trademarks without the express written
consent of Lavapop. Systematic retrieval of data from this site to create or
compile directly or indirectly, in whole or in part, a collection, compilation,
database, or directory without the express written permission of Lavapop is
strictly prohibited.
5. Advertisers; Links to Other Sites; Links to this Site
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Site, if
any, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Lavapop shall not
be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings, including the sharing of the information you
supplied to Lavapop with advertisers, or as the result of the presence of
such advertisers on the Site.
The Site may contain links to third party websites.
Such third party websites are not under the control of Lavapop. Please note
that Lavapop is not responsible for the accuracy or content of websites of
other providers, which may have links from this Site. Accordingly, Lavapop
can neither make a representation concerning the content of these sites to you
nor can the fact that Lavapop has provided this link serve as an endorsement
by Lavapop of this or any other site. In creating hypertext links to any
other website, Lavapop is not recommending that website or giving any
assurances as to its standing. Lavapop is providing this link only as a
convenience to you. The inclusion of these links is not intended to reflect
their importance, nor is it intended to endorse any views expressed, or
products or services offered, on these outside sites, or the organizations
sponsoring the sites. Lavapop makes no warranties, explicit or implied,
regarding the performance of the links, the performance of the outside sites or
the contents of the outside sites. If you decide to access linked third party
websites, you do so at your own risk.
Any linking to this Site must in each instance be
directed to the "home page" or entry portal page of this Site. In no
instance is linking permitted directly to locations embedded within this Site
(so-called "deep" linking).
6. Registration
Lavapop encourages you to subscribe to our services in order to take full advantage of the information
available on this Site. To make your experience easier and more convenient, we
will store your registration information for future use. The information we
store may include your name, mailing and e-mail addresses, phone, username,
password, pre-planning information and any other information you input into the
Site. We may use the information you provide to electronically send you
information related to this Site. Please refer to our privacy policy to learn
about what information Lavapop collects and why. In consideration of your
use of the Site as a registered user, you agree to:
(a) Provide true, accurate, current, and complete information about
yourself as prompted by the Site?s registration form; and
(b) Maintain and promptly update the registration information to keep
it true, accurate, current, and complete.
If you provide any information that is untrue,
inaccurate, not current or incomplete, or if Lavapop has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, Lavapop has the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
If you would like to update your registration
information, please click
here.
7. Not a Substitute for Legal Advice
You assume full responsibility to evaluate for
yourself the condition, quality, accuracy, reliability, suitability and
functionality of any information you obtain from or using the Site. Lavapop
shall not be responsible for the condition, quality, accuracy, reliability,
suitability or functionality of information stored or transmitted using the
Site.
The Site does not take the place of attorneys,
paralegals or any other professional or licensed legal services providers, and
you shall be responsible for providing all legal analysis related to your
pre-planning. Any examples of documents or forms provided on this site may not
comply with the laws of your State. Do not assume that anything included on
this Site is a legally enforceable means for directing the distribution of
assets/ property before and after death. Lavapop IS NOT INTENDING TO PROVIDE
LEGAL, FINANCIAL, INSURANCE, HEALTH CARE AND/OR, FUNERAL RELATED ADVICE OR
SERVICES BY MAKING THESE FORMS/SERVICES AVAILABLE TO YOU. THE SERVICES, DATA
STORAGE SYSTEM, FUNERAL PREPLANNING KIT AND FORMS AVAILABLE THROUGHOUT THE SITE
ARE INTENDED ONLY TO HELP YOU LOG, DOCUMENT, ACCESS NEED, PREPLAN AND SHARE
NEEDED INFORMATION REGARDING YOUR EXISTING AND FUTURE LIFE PLANNING ACTIVITIES
WITH FAMILIES AND FRIENDS. THEY ARE NOT INTENDED TO CREATE LEGALLY ENFORCEABLE
OBLIGATIONS REGARDING THE DISTRIBUTION OF PROPERTY. IN ADDITION, THEY ARE NOT
INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR A WILL OR OTHER ESTATE
PLANNING DOCUMENTS. YOU AGREE NOT TO ACT ON, OR RELY UPON, ANY OF THE
INFORMATION OR MATERIAL CONTAINED ON THIS SITE WITHOUT CONSULTING WITH
QUALIFIED LICENSED COUNSEL. Lavapop MAKES NO WARRANTY AS TO THE LEGAL
SUFFICIENCY OR ACCURACY OF ANY DOCUMENT, OR OTHER MATERIAL PRODUCED BY THE
SITE.
8. Indemnification
You agree to defend, indemnify, and hold completely
harmless Lavapop and its officers, directors, members, agents, and employees
from and against any and all claims, damages, costs, and expenses, including
without limitation claims based upon the negligence of Lavapop, arising from
or related to your use of the site, the materials it contains, and any sites
linked to this site. You further agree to indemnify and hold us, our subsidiaries
or affiliates, and our officers, directors, members, agents, and employees
harmless from any loss, liability, claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
negligence, breach of this Agreement, or violation of any law or the rights of
a third party or due to or arising out of your use of the Site.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED
ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. Lavapop EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND
ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION
PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS.
(b) Lavapop ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR
ALTERATION OF, USER COMMUNICATIONS.
(c) Lavapop IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE
CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF
THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
(d) Lavapop MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE;
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE; OR
(3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS.
(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IN
REPOSE OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THIS AGREEMENT.
YOU
AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE
AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY
FILES THAT ARE DOWNLOADED FROM THE SITE.
10. Limitations and Exclusions of Liability
Lavapop MAKES NO REPRESENTATIONS OR WARRANTIES AS
TO THE CONDUCT OF ANY INDIVIDUALS WHO ARE REGISTERED ON THIS SITE. IN NO EVENT
SHALL Lavapop BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT,
GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT
OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE
OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL
DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS
WITH OTHER USERS OF THIS SITE, SERVICE OR PERSONS INTRODUCED TO YOU THROUGH THIS
SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Lavapop
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IN
REPOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) ANY PURCHASE RESULTING FROM YOUR USE OF THE SITE;
(c) ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR
OFFLINE;
(d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA;
(e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.
YOU AGREE THAT Lavapop WILL NOT BE LIABLE FOR ANY
LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR
ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. HOWEVER, YOU COULD BE HELD
LIABLE FOR LOSSES INCURRED BY Lavapop OR ANOTHER PARTY DUE TO SOMEONE ELSE
USING YOUR ACCOUNT OR PASSWORD. YOU MAY NOT USE ANYONE ELSE?S ACCOUNT AT ANY
TIME.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF
THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE
FOREGOING, Lavapop? LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE
MOST RECENT SUBSCRIPTION FEE PAID BY YOU, BUT IN NO CASE SHALL SUCH AMOUNT
EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON
OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST IN
REPOSE ARISING OUT OF THE USE OF THE SITE.
Lavapop SHALL NOT BE HELD LIABLE FOR ANY
REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN
THIS SITE.
YOU AGREE THAT THE TERMS OF THIS SECTION SHALL
APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE
INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.
11. Intellectual Property Rights
The Site is protected by copyright, trade secret,
patent, trademark, trade dress, and other intellectual property rights.
(a) Lavapop grants you a personal, revocable, non-transferable, and
non-exclusive right and license to use the object code of the Site on a single
computer; provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work from, reverse engineer, reverse assemble, or
otherwise attempt to discover any source code, sell, assign, sublicense, grant
a security interest in, or otherwise transfer any right in the software for the
Site except and only to the extent that such activity is permitted by
applicable law notwithstanding this limitation.
(b) The Lavapop's logo, and other trademarks, service marks, logos,
product names, and service names (collectively, the "Marks") are owned or
licensed by Lavapop. You agree not to copy, display, or otherwise use any of
the Marks without the prior written permission of Lavapop.
(c) The entire Site, and all object code and source code, text,
graphics, multimedia content, including but not limited to images,
illustrations, audio and video clips, html, and other mark up languages, and
all scripts within the site associated therewith, are copyright 2006, In
Repose, LLC All rights reserved.
(d) You may not utilize the site design or layout. Page headers,
custom graphics, button icons, scripts and other elements of the Site are
service marks, trademarks, and/or trade dress of Lavapop may not be copied,
imitated, or used, in whole or in part, without the prior written permission of
Lavapop.
12. Digital Millennium Copyright Act
You agree not to upload or transmit any
communications or content of any type that infringes or violates any rights of
any party. It is our policy not to permit materials known by us to be
infringing to remain on the site. Lavapop has made every effort to secure
appropriate clearances for all proprietary intellectual properties used on this
site. If you believe any material on this site is infringing, please contact
us immediately. Pursuant to the Digital Millennium Copyright Act, DMCA, we
have registered an agent to receive copyright claims ("Designated Agent").
You may notify us of alleged intellectual property
rights infringement by contacting our Designated Agent at:
info@lavapop.com
Please be aware that, in order to be effective,
your notice of claim must comply with the detailed requirements set for the in
the DMCA. You are encouraged to review them (see 17
U.S.C. § 512(c)(3)) before sending your claim.
Upon receipt of notice of claimed infringement, we
will respond expeditiously to remove, or disable access to, the material
claimed to be infringing and will follow the procedures specified in the DMCA
to resolve the claim between the notifying party and the alleged infringer who
provided the content at issue.
Please do not send any other communications to the
Designated Agent, who is appointed solely for the purposes of receiving notices
of copyright claims under the DMCA.
13. No Agency
You and Lavapop are acting as independent
contractors. No agency, partnership, joint venture, employee-employer, or other
relationship is intended or created by this Agreement.
14. Release
Lavapop is acting only as an information
aggregator and disseminator. Click
here for more information. Should you have a dispute with a Lavapop site
user, you agree that you release Lavapop, its officers, directors, members, agents,
and employees from all claims, demands, and damages (actual and consequential)
of any kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of, or in any way connected with such a dispute.
15. Unsolicited Idea Submission
We always welcome messages and feedback from In
Repose users and any comments regarding the Lavapop Site. However, it is Lavapop?s
policy to not accept or consider ideas, suggestions, or proposals other than
those we specifically request. The intent of this policy is to avoid the
possibility of future misunderstandings when new functionality and features
developed internally by Lavapop might be similar or even identical to your
idea.
If you do send Lavapop an unsolicited suggestion,
idea, or proposal, or if you send, at the request of Lavapop, a comment or
suggestion to improve the Site (for example, through discussion boards or via
email) (collectively, the "Submission"), Lavapop will consider the
Submission to be non-confidential and non-proprietary. Lavapop shall have no
obligations concerning the Submission, contractual or otherwise (including, but
not limited to, an obligation to keep the Submission confidential), and shall
not be liable for any use or disclosure of any Submission. Lavapop shall be
entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to you.
16. Identity Verification
We use several techniques to verify the identity of
our users when they register on our website; however, Lavapop cannot confirm
each user's identity.
17. Remedies
Remedies for use of our Site that violate this
agreement include, but are not limited to, the immediate removal of your pre-planning
or other data, notifying our users of your actions, issuing a warning,
temporarily suspending or terminating your usage of this Site, blocking your
access to the Site, and refusing to provide our services to you.
Notwithstanding the foregoing, Lavapop reserves the right to seek all
remedies available by law and in equity for any violation of this Agreement.
18. Legal Compliance; U.S. Export Controls
You shall comply with all applicable domestic and
international laws, statutes, ordinances, and regulations regarding your use of
our service.
Use of this Site is subject to United States export
controls. No use of the Site is permitted by (i) a national or resident of
Cuba, Iran, Iraq, Libya, North Korea or Syria, or any national or resident of
any other country to which the U.S. has restricted exports or (ii) anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By
using the Site, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any such
list.
19. Dispute Resolution
Disputes between you and Lavapop regarding our
services should be reported to info@lavapop.com.
We will attempt to resolve any disputes you have with us.
Lavapop is not responsible for the conduct,
whether online or offline, of any user of the Site. We encourage you to report
all user-to-user disputes to law enforcement officials or a certified mediation
or arbitration entity. We do not specifically endorse any such third party
mediation or arbitration entity. When appropriate, we also encourage you to
report disputes involving fraud, theft, or other criminal activity to the
appropriate law enforcement agencies. Lavapop reserves the right, but has no
obligation, to monitor disputes between you and other users, arising from or
related to the Site.
20. Modification
Lavapop may update, revise, supplement, modify,
or amend this Agreement at any time. Any updates, revisions, supplements,
modifications, or amendments shall be effective immediately upon its posting on
the Site. You agree that you will be bound by this Agreement, however and
whenever it is updated, revised, supplemented, modified, or amended, whether
you have actual or constructive notice of, and whether you have used or
continue to use the Site after, the updates, revisions, supplements,
modifications or amendments. This Agreement may not be modified, supplemented,
qualified, or interpreted by any trade usage or prior course of dealing not
made a part of the Agreement by its express terms.
21. Entire Agreement; Interpretation
This Agreement constitutes the entire agreement
between you and Lavapop with respect to your use of the Site. There are no
other representations, warranties, terms, agreements, or conditions, either
written or oral, with respect to your use of the Site except as set forth in
this Agreement, and you agree that you have not relied on any other representations,
warranties, terms, agreements, or conditions. The section headings used herein
are for convenience only and shall not be given any legal import.
The terms herein as they relate to any services or
merchandise made available on the Site are supplemented by our Subscription
Agreement and Privacy Policy. To view our
Privacy Policy, click here.
22. Severability
If any provision of this Agreement is deemed
unlawful, void, voidable or unenforceable for any reason by any court or other
tribunal of competent jurisdiction, then such provision(s) shall be reformed
without further action by the parties to the extent necessary to make such
provision(s) valid and enforceable when applied to such facts or circumstances,
with the objective of achieving as nearly as legally possible the same effect.
23. Governing Law and Venue
This Agreement, the entire relationship between you
and Lavapop, and any litigation or other legal proceeding between you and In
Repose (whether grounded in tort, contract, statute, law, or equity) shall be
governed by and construed in accordance with the laws of the State of Texas,
without giving effect to its choice of law rules. Reasonable attorneys' fees
and costs will be awarded to the prevailing party in the event of litigation
involving the enforcement or interpretation of this Agreement.
This contract is fully performable in Austin,
Texas. Any litigation arising between the parties hereto shall be brought only
in the state or federal courts having subject matter jurisdiction in Travis
County, Texas. You hereby irrevocably and unconditionally consent to the
jurisdiction of any such court and hereby irrevocably and unconditionally waive
any defense of an inconvenient forum to the maintenance of any action or
proceeding in any such court, any objection to venue with respect to any such
action or proceeding, and any right of jurisdiction on account of the place of
residence or domicile of any party thereto.
24. Term; Termination
This Agreement will remain in full force and effect
while you use the Site.
Lavapop may terminate your right to use this
Site, with or without cause at any time in its sole discretion, including,
without limitation, your violation of this Agreement, failure to provide
accurate registration data, and lack of use. In the event of termination, all
representations, warranties, indemnifications, and promises made by you shall
survive. If Lavapop terminates your membership because you have breached this
or any other applicable agreement, you will not be entitled to any refund of
unused subscription fees.
25. Waiver
The failure by either party to enforce at any time
any of the provisions of this Agreement, to exercise any election or option
provided herein, or to require at any time the performance of the other of any
of the provisions herein will not in any way be construed as a waiver of such
provisions.
26. Contact Information
If you have a comment, question or request, or if
you need to contact Lavapop for any other reason, there are four easy ways to
do so.
E-mail: You can e-mail at info@lavapop.com.
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