TERMS OF SERVICE

Last Updated: July 19, 2023


Please read these Terms of Service (“Terms”) carefully. These Terms are a legal agreement between You and Lourm ipsm (“we”, “us”, “our”) governing Your access to and use of the Services. If You are using the Services on behalf of a business or entity, you acknowledge and agree that You have such authority to bind such business or entity and that such business or entity accepts these Terms.
By accessing or using the Services, You agree to be bound by these Terms and all additional terms incorporated by reference. If You do not agree to any portion of these Terms, do not access or use the Services.

1. Definitions

2. Use of the Services.

3. Services Content. The Services are provided to You as a convenience and for Your information only. Your use of the Services is at Your own risk. LOURM IPSM does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, shareable links, design, audio, video, and any other information provided from on the Services (collectively, the “Services Content”) is accurate or complete; (ii) the Services Content is up-to-date or current; (iii) LOURM IPSM has any obligation to update the Services Content; (iv) the Services Content is free from technical inaccuracies or programming or typographical errors; (v) the Services Content is free from changes caused by a third party; (vi) Your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Services is accurate or complete.

4. Feedback.  The Services may now or in the future permit You to upload or post to the Services or otherwise submit to Us in various forms of content, such as reviews, ratings, feedback, questions, comments, and suggestions (collectively, “Feedback”). We do not claim ownership in Your Feedback. However, by submitting any Feedback, You hereby grant (and You represent and warrant that You have the right to grant) to LOURM IPSM an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Feedback in any manner LOURM IPSM deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of Your Feedback. You agree that You will not submit to LOURM IPSM any information or ideas that You consider to be confidential or proprietary. You further acknowledge that LOURM IPSM will be entitled to unrestricted use of Your Feedback for any purpose whatsoever, commercial or otherwise. You are solely responsible for Your Feedback and assume all risks associated with Your Feedback, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Feedback that personally identifies You or a third-party. LOURM IPSM cannot guarantee any confidentiality with respect to any Feedback. We reserve the right (but have no obligation) to review any Feedback, and to investigate and/or take appropriate action against You in Our sole discretion if You violate these Terms or otherwise create liability for Us or any other person.

5. Registered User Accounts

 

6. System Requirements. Use of the Services requires a compatible device and Internet access and may require obtaining updates or upgrades from time to time. Because Your use of the Services involves hardware and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. You acknowledge that such hardware and Internet is Your responsibility and LOURM IPSM is not responsible for any charges associated with Your use of the Services.

7. NO WARRANTIES. THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LOURM IPSM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR SERVICES CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES OR SERVICES CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY.

 

9. Indemnification. You agree to indemnify, defend, and hold LOURM IPSM, Our licensors, Our licensees, and Our and their employees, service providers, affiliates, subsidiaries, parents, and agents) (collectively, “Indemnified Parties”) harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys’ fees) (collectively, “Claims”) assessed or incurred by Us, directly or indirectly, with respect to or arising out of: (i) Your violation of these Terms; (ii) Your use of the Services or Services Content; (iii) Your violation of applicable laws, regulations, or third-party rights; (iv) Your Feedback; (v) Your willful misconduct, fraud, or negligence; and (vi) any introduction by Your or Your personnel of any virus, worm, code, program, or sub-program whose knowing or intended purpose is to damage or interfere with the operation of the computer system containing the code, program, or sub-program, or to halt, disable, or interfere with the operation of the software, code, program, or sub-program, itself, adware, spyware, Internet bots, malware, bugs, web bugs, or other surreptitious code in Our or Our licensors’ or licensees’ computer environment, network, or systems. LOURM IPSM reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify an Indemnified Party, and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without the prior written consent of LOURM IPSM. LOURM IPSM will use reasonable efforts to notify You of any such claim, action or proceeding, upon becoming aware of it.

10. Intellectual Property. Excluding any Feedback that You may provide, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, service marks, logos, and trade secrets in the Services and Services Content are owned by LOURM IPSM. Neither these Terms, nor Your access to or use of the Services, transfers to You or any third-party any rights, title, or interest in or to such intellectual property rights. LOURM IPSM reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.

11. Term and Termination. The Terms will remain in full force and effect while You access and use the Services. We may suspend or terminate Your right to use the Services at any time for any reason at Our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of Your rights under these Terms, Your right to access and use the Services will terminate immediately. LOURM IPSM will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your account.

12. Governing Law. All matters arising out of or relating to these Terms, the Services, or Services Content will be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Durham County, North Carolina with respect to any action arising in connection with these Terms, the Services, or Services Content, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Class Action Waiver. To the fullest extent permitted by applicable law, each party waives the right to litigate or arbitrate any dispute, claim, or controversy as a class action, either as a member of a class or as a class representative, or to act as a private attorney general.

14. General Provisions