Acceptance of these Conditions of Use
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LPC Naturals, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
As between User and LPC Naturals, we own all names, logos, product and service names, designs, slogans, and trademarks appearing on Site, except where noted. User must not use such marks without LPC Naturals’ prior written permission.
Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on Site.
User represents and warrants that: (i) User owns or controls all rights in and to the User Contributions and have the right to grant the license granted above to LPC Naturals and our affiliates and service providers, and each of our respective licensees, successors, and assigns, and (ii) All of your User Contributions do and will comply with these Conditions of Use.
User understands and acknowledges that User is responsible for any User Contributions submitted or contributed, and User, not LPC Naturals, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. LPC Naturals is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by User on the Site.
Reliance on Information Posted
The information presented on Site is made available solely for general information purposes. LPC Naturals do not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at Users own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to o Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LPC Naturals, is solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect LPC Naturals’ opinion. LPC Naturals is not responsible, or liable to User or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to Site
LPC Naturals may update the content on the Site from time to time, but the Site is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Terms of Sale and Supplemental Terms
Links from the Online Services
If the Site contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. LPC Naturals have no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Site, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
Users understand that LPC Naturals cannot and does not guarantee or warrant that files available for downloading from the internet or Site will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent provided by law, LPC Naturals will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect User’s computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site.
User’s use of the Site, its content, and any services or items obtained through the Site is at User’s own risk. The Site, its content, and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither LPC Naturals nor any person associated with the LPC Naturals makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither LPC Naturals nor anyone associated with LPC Naturals represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components, or that the Site or any services or items obtained through the Site will otherwise meet User’s needs or expectations.
To the fullest extent provided by law, LPC Naturals hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent provided by law, in no event will LPC Naturals, its affiliates, or any of its or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with Users use, or inability to use, the Site, any websites linked to Site, or any content on the Site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
Arbitration and Class Action Waiver
Please read this section carefully. User agrees that User and LPC Naturals LLC are each waiving the right to a trial by jury or to participate in a class or representative action. Follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis.
User and LPC Naturals agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the site or otherwise arising between User and LPC Naturals or our affiliates and each of our and their directors, officers, employees, and contractors exclusively by binding arbitration. Further, you agree arbitration is final and binding, and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, to the fullest extent allowed by law.
Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief; except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration shall be confidential, and neither User, nor LPC Naturals nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. There shall be no right or authority for any claims subject to the arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
LPC Naturals will pay all administrative filing fees for any arbitration that it initiates. All other administration filing fees will be divided between User and LPC Naturals according to the then-current applicable rules of the American Arbitration Association. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. LPC Naturals will not seek to recover attorneys’ fees from User for any claims filed in arbitration that are not frivolous.
The requirement of arbitration does not apply to actions for injunctive or other equitable relief to protect confidential information and intellectual property rights or to prevent loss of data or damage to Site or servers in any court of competent jurisdiction.
Limitation on Time to File Claims
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising between User and LPC Naturals including those that arise out of or are related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver and Severability
How to Contact
Telephone communications with LPC Naturals, including calls with any of our agents or independent contractors, may be monitored and/or recorded. User expressly consents, on behalf of User and other users of your phone number, to being monitored or recorded. By providing LPC Naturals with a phone number (including mobile) as User’s contact number, User expressly authorizes LPC Naturals to contact User for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.