Loren Data Corp.
Hubbub™ and ECGrid®
End User Terms of Service
The following agreement governs the use of the products and services, including but not limited to Hubbub and ECGrid, ("Service" or "Services") provided by Loren Data Corp. of 4640 Admiralty Way, Suite 800, Marina del Rey, CA 90292.
Please read these terms of service ("Terms") with care as they form a legal contract ("Agreement") between you ("User", "You", "Your") and the Loren Data Corp.("Loren Data", "We", "Us", "Our"). By registering for or using any portion of the Service We provide you agree to be bound by these Terms.
In order to use Our Services, You must:
By using Our Services, You represent and warrant that You meet all the requirements listed above, and that You won't use Our Service in a way that is unauthorized or violates any laws or regulations. Loren Data Corp. reserves the right to refuse service, close accounts of any users, and change eligibility requirements at any time.
Any use or access of our Services via Our API (Application Program Interface) is subject to the terms of this agreement.
Excessive requests made via Our API or abuse of the API may result in the suspension or termination of Your account and/or Your account's access to the API. Loren Data, in its sole discretion, will determine what constitutes the abuse or excessive usage of Our API.
Loren Data reserves the right to modify or discontinue access to Our API to anyone at anytime, for any reason, and without notice.
Users of Hubbub.biz and ECGrid.com authorize Loren Data to analyze its transaction data for the purposes of improving system performance, developing and designing new products, functions and features and to offer users enhanced services or products.
Pricing and Payment.
Pricing for this Agreement will be in accordance with Loren Data's price list located at http://www.ld.com/hubbub/, current at the time of acceptance of these Terms. Loren Data reserves the right to implement pricing changes by posting new prices to the Price List and sending You a notification of the change in an email. The currency for payment is U.S. Dollars (USD).
You agree that You will pay, and authorize Us to charge You using Your selected payment method, for all applicable fees. Fees are non-refundable except as required by law. You are responsible for providing complete and accurate billing and contact information. Past due fees may result in service charges, and/or the suspension or termination of Your account.
Unless otherwise indicated, Our prices do not include any taxes or similar governmental assessments. We will invoice You for all taxes We are legally obligated to collect and You agree to be responsible for paying all Taxes.
Loren Data and its suppliers, affiliates, and licensors retain all rights, title and interest in and to all intellectual property embodied in or associated with its Services. There are no implied licenses under this Agreement and any rights not expressly granted to You, the User, are reserved by Loren Data.
No Other Warranty.
User understands and acknowledges that loren data's service is provided "as is", "WITH ALL FAULTS", and "as available".
User acknowledges that computer and telecommunications networks are subject to occasional faults and errors and periods of downtime may occur. User further acknowledges that loren data's service relies on interoperability with third party networks over which loren data has no control. Loren data cannot and does not guarantee uninterrupted, secure, or error-free service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOREN DATA MAKES NO REPRESENTATIONS AND EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, THAT THE CONTENT WILL BE SECURE, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
User acknowledges that it has not entered into this agreement in reliance upon any warranty or representation except those specifically set forth herein.
Limitation of Liability.
User understands and agrees that to the extent allowed by law, loren data, its subsidiaries, licensors, and affiliates shall not be liable for any direct, indirect, incidental, punitive, consequential, special, or exemplary damages incurred by User, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit, any loss of goodwill, or reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LOREN DATA, ITS SUBSIDIARIES, LICENSORS, AND AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT USER PAID FOR LOREN DATA'S SERVICES.
IN ALL CASES, LOREN DATA AND ITS SUBSIDIARIES, LICENSORS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Term and Termination.
This Agreement will remain in effect until Your subscription to the Services has ended or until the Agreement is Terminated.
You may terminate Your account at any time and for any reason, but You are responsible for terminating Your account through the interface inOur on-line application or by providing notice to Loren Data at cancel@LD.com.
Unless We are legally required to do so, No refunds or credits for service charges or other fees or payments will be provided to You if You cancel Your account prior to the end of Your subscription term.
We reserve the right to delete all Your data from the use of Our Services upon termination. This information cannot be recovered.
Loren Data, at its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Services for any reason at any time. Upon Termination, all licenses granted hereunder will terminate. You will no longer be able to access Your account and You will forfeit the right to access any and all content associated with Your account. If You have any unpaid obligations to Loren Data at the time of Termination, such obligations shall survive the termination of the Service and shall immediately come due. Loren Data reserves the right to refuse service to anyone for any reason at any time.
We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of Our efforts to protect the Service, protect Our customers, or stop You from breaching these Terms. The technology or other means We use may hinder or break Your use of the Service.
This Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to conflict of laws principles. Both parties submit to personal jurisdiction in California and further agree that any cause of action arising under this Agreement will be brought in a court in Los Angeles County, California.
Before resorting to any formal procedure, You agree to try to resolve any dispute by contacting Us at dispute@LD.com. If a dispute is not resolved within 30 days of contact, more formal proceedings may be initiated.
You agree to resolve any claims relating to this Agreement through final and binding arbitration, except as set forth below. The American Arbitration Association will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Los Angeles County, California.
We reserve the right to bring a lawsuit solely for the purpose of injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights.
You agree that Youmay only resolve disputes with Loren Data on an individual basis and will not bring a claim in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
You may not assign any of Your rights under this agreement to any other party. Loren Data may assign Our rights to any other individual or entity at its discretion.
All sections of this Agreement shall be construed to apply to the maximum extent permitted by law. This Agreement will not be construed against the drafting party by operation of law or otherwise for any reason. The failure of Loren Data to exercise or enforce any right under this Agreement shall not constitute a waiver of such a right. If any section of this Agreement is found to be invalid by a court of law, User and Loren Data will agree to replace the invalid terms with similar terms enforceable by law, but the remainder of the Agreement shall remain unchanged and in full force. This Agreement and any documents referenced herein, constitute the entire agreement between You and Loren Data and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral.
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