Effective Date: August __, 2020.
LHS Associates Training Platform Privacy Policy
Welcome! You have arrived at www.lhsassociates.com, which is owned and operated by LHS Associates Inc. (“LHS”). This LHS Associates Training Platform Privacy Policy (the “Privacy Policy”) is related to your use of LHS’ online platform that enables and facilitates for municipalities training concerning elections and voting procedures (referred to collectively as the “Services”). Throughout this Privacy Policy, the words “we”, “us”, and “our” refer to LHS and the words “you” and “your” refer to the user interacting with the Services. This Privacy Policy applies to information that we collect and handle from users who have registered for the Services (“Users”). This Privacy Policy does not apply to our data collection activities offline or otherwise outside of the Services (unless otherwise stated below). Please review the LHS Associates Training Platform User Agreement, which govern your use of the Services.
By accessing and using the Services, you consent to our collection, use, and sharing of your information and data, and other activities as described below.
1. What Information Do the Services Collect?
(b) Information Collected or Stored as You Access and Use the Services
In addition to any information, including Personal Information, that we receive as described above, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you interact with the Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone, or other device (a “Device”) whenever you interact with the Services. To the extent we associate Usage Information with Personal Information we collect directly from you through the Services, we will treat it as Personal Information.
This Usage Information may include:
Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter, or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to visit the Services. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built into or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in the Services’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:
Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access the Services, including cookies required to prevent fraudulent activity and improve security.
Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products, or services offered through the Services.
Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Services, including identifying you when you sign-in to the Services or keeping track of our specified preferences, including in terms of the presentation of content on the Services.
Targeting-Related. We may use Tracking Technologies to deliver content relevant to your interests on the Services and third-party websites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
Tracking Technologies Choices and Consent
We obtain your consent to our information storage or collection of Tracking Technologies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make a choice to disable cookies as set forth above. Please note that we are not required to obtain your consent to the information collection Tracking Technologies identified above that are strictly necessary.
We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.
Third Party Tracking and “Do Not Track”
There may be other Tracking Technologies now and later devised and used by us in connection with the Services. Further, third parties may use Tracking Technologies in connection with the Services, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Services and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties. Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
(c) Information Third Parties Provide About You
We may, from time to time, supplement the information we collect directly from you through the Services with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your Personal Information we collect through the Services, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.
(d) Interactions with Third-Party Websites
The Services may include functionality that allows certain kinds of interactions between the Services and a third-party website or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, when you register with the Services, you may have an option to use your Facebook, Google, or other account provided by a third-party website or application to facilitate the registration and log-in or transaction process through the Services, or otherwise link accounts. If we offer, and you choose to use, this functionality to access or use the Services, the third-party website or application may send Personal Information about you to us. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction with our Services. In addition, we may provide third-party websites’ interfaces or links through the Services to facilitate your sending a communication from the Services. For example, we may use third parties to facilitate emails, tweets, or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party websites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on the Services.
2. How Do We Use the Information Collected?
Generally. We may use your Personal Information or Usage Information that we collect about you: (1) to provide you with information or services or to process transactions that you have requested or agreed to receive including providing general information about our services in response to a request submitted online; (2) to provide you with information about new product or service offerings on an ongoing basis, unless you opt out of receiving such messages; (3) to enable you to participate in a variety of the Services’ features; (4) to send promotional or marketing messages to you on behalf of the other businesses or organizations; (5) to process your account inquiry, including verifying your information is active and valid; (6) to improve the Services, to create new service offerings, to customize your experience on the Services, or to serve you specific content that is most relevant to you; (7) to contact you with regard to your use of any of the Services, and, in our discretion, changes to the Services and/or any of the Services’ policies; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
Contact Us. Please note that information submitted to the Services via a “contact us” or other similar customer inquiry function may not receive a response.
3. How and When Do We Share Information with Third Parties?
We acknowledge your ownership rights in your Personal Information. We will never sell or rent your Personal Information to anyone without your permission and will never use your Personal Information for any purpose other than as described here or to carry out the Services as specified in any Services user agreement that you agree to.
We will not share Personal Information with third parties for direct marketing purposes. We may, however, share non-Personal Information, such as aggregated user statistics and browsing behavior information, with third parties. We may share the information we have collected, including Personal Information, as disclosed at the time you provide the information and as described or otherwise in this Privacy Policy. We may also disclose Personal Information as follows:
(a) When You Request Information from or Provide Information to Third Parties
You may be presented with an option through the Services to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
(b) Third Parties Providing Services on Our Behalf
We may use third-party vendors to perform certain services on behalf of us or the Services, such as hosting the online platform, designing and/or operating the online platform’s features, tracking the online platform’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to Personal Information and Usage Information to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to Personal Information. We are not responsible for those third-party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(c) To Protect the Rights of LHS Inc. and Others
To the fullest extent permitted by applicable law, we may also disclose Personal Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend our rights, safety, or property or the rights, safety, or property of third parties (including through the enforcement of this Privacy Policy, our LHS Associates Training Platform User Agreement, or other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
(d) Affiliates and Business Transfer
We may share Personal Information with our parents, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
4. Does Third-Party Content or Links to Third-Party Websites Appear on the Services?
The Services may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier. In addition, when you use the Services you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services, and they may be tracking you across multiple websites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you onto a different website. These other websites may associate their Tracking Technologies with you, independently collect data about you or others, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave the Services and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.
5. How Can You Change Your Information and Communications Preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Services may allow you to review, correct, or update Personal Information you have provided through registration forms or otherwise, and you may provide registration updates and changes by contacting us. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences, information that you remove may persist internally for our administrative purposes. You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional messages or in some cases by logging into your Services account and changing your communication preferences. Please note that we reserve the right to send you certain communications relating to your account or use of the Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact us at [privacy@lhsassociates.com].
6. What About Transfers of Information to the United States?
The Services are operated in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing, and storage of, your information, including Personal Information, in the United States as set forth in this Privacy Policy.
7. What Should Parents Know About Children?
We understand the importance of protecting children’s privacy in the interactive world. We do not use the Services to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with Personal Information without COPPA-required consent, please contact us at [privacy@lhsassociates.com].
8. What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use the Services and provide us with your information at your own risk.
9. What About Changes to the Privacy Policy?
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of the Services indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
LHS Associates Training Platform User Agreement
This LHS Associates Training Platform User Agreement (“Agreement”) is a binding agreement between you (“you” or “your”) and LHS Associates Inc. (“LHS”). This Agreement governs your use of LHS’ training platform that enables and facilitates training services for municipalities relating to the conducting of elections and voting procedures (collectively, the “Services”). The Services are licensed, not sold, to you.
By using the Services, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are 18 years of age or older; and (c) accept this Agreement and agree that you are legally bound by its terms. If you do not agree to these terms, you may not use the Services.
1. Services. You agree that your use of the Services shall be solely in accordance with the terms and conditions of this Agreement.
2. Registration, Collection, and Use of, and Corrections and Updates to, Your Information. You will be required to register to use the Services, and in the course of doing so you will submit information about yourself for the purpose of creating a user profile. By submitting information that identifies you directly or indirectly, you agree that you have read, understood, and accept the terms of the LHS Privacy Policy (the “Privacy Policy”), the terms of which are incorporated by reference into this Agreement. You acknowledge that when you use the Services, LHS may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. By using the Services, you consent to all actions taken by LHS with respect to your information in compliance with the Privacy Policy. The Services platform includes a means for you to update, correct, or delete your personal information.
3. User Name and Password Protection. Your email address will be your user name for your Services account, and you will be required to choose a password for your account. You agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Services. You agree that you will not share your password with any other person. You authorize LHS to assume that any person using the Services with your username and password is you or is authorized to act for you. You agree to notify LHS immediately if you suspect any unauthorized use of your account. You understand that your password will expire after the time period that you chose and paid for via the LHS online registration interface at the time you register to use the Services and assent to these the terms of this Agreement.
4. Prohibited Uses.
(a) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose outside of the intended use of the Services. You agree that you are solely responsible for (and that LHS has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which LHS may suffer) of any such breach.
(b) You agree that you shall not transmit to LHS or upload to or through the Services any Harmful Code, or use or misappropriate the Services for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots,” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate, or otherwise impede in any manner, any data, storage media, program, system, equipment, or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
(c) Without limiting the foregoing and by way of example only, users may not:
6. License Restrictions. You shall not:
(a) copy the Services or the Services Content, except as expressly permitted by this Agreement;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or the Services Content;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or the Services Content, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, share or otherwise make available the Services, or any features or functionality of the Services, to any third party (including a competitor of LHS) for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or Services Content.
7. Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, nor do you acquire any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and in accordance with the Services’ documentation. LHS reserves and shall retain its entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
8. Updates. LHS may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that LHS has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
9. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that LHS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. LHS does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
10. Representations and Warranties. You represent and warrant that:
(a) you have the right and authority to enter into this Agreement;
(b) your entering into this Agreement with LHS and the performance of your obligations under the Agreement do not and will not conflict with or result in any breach or default under any other agreement to which you are subject; and
(c) that you will not use the Services in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
11. Term and Termination.
(a) The term of this Agreement commences when you complete your registration to access the Services and will continue in effect until the time period that you elected and paid for at the time of registering expires, unless this Agreement and access to the Services first is terminated by you or LHS as set forth in Sections 11(b) and 11(c), respectively, below.
(b) You may terminate your account at any time by logging into the Services. You are solely responsible for terminating your account, should you choose to do so.
(c) LHS may, in its sole discretion and at any time, terminate or disable your account or your access to or use of the Services for any or no reason, including if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will terminate; and
(ii) you must cease all use of the Services.
(e) Termination or expiration will not limit any of LHS’s rights or remedies at law or in equity.
12. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LHS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS OR THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR TO THE COMMUNICATIONS TRANSMITTED TO YOU THROUGH THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LHS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR ANY COMMUNICATIONS TRANSMITTED TO YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LHS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, YOUR RECEIPT OF OR INABILITY TO RECEIVE ANY COMMUNICATIONS THROUGH THE SERVICES, OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LHS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify, defend, and hold harmless LHS and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement, including, but not limited to, the content you submit or make available through the Services.
15. Geographic Restrictions. LHS makes no claims that the Services are accessible or lawful outside of the United States. Use of the Services might not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Furthermore, by agreeing to the terms of this Agreement you consent to the processing of your personal data in the United States.
16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law & Venue. This Agreement shall be governed by the laws of the State of Delaware and the applicable federal laws of the United States of America without giving effect to any choice or conflict of law provision or rule. All disputes arising under, or in any way connected with membership in or use of the Services, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement. This Agreement, the Privacy Policy, and any other terms that you are presented with while navigating the Services constitute the entire agreement between you and LHS with respect to the Services, and supersede all prior or contemporaneous understandings and agreements outside of this Agreement or outside of the Services, whether written or oral, with respect to the Services.
20. Amendments. LHS reserves the right, in its sole discretion, to amend this Agreement from time to time. Amendments will be effective upon LHS’s posting of an updated Agreement. You acknowledge that your use of the Services requires your consent to these amendments and that your continued access to or use of the Services after such posting confirms your consent to be bound by the Agreement, as amended. If you do not agree to abide by any future amendments, do not continue to use the Services. It is your responsibility to verify if there have been amendments to this Agreement and to review such changes.
21. Waiver. No failure to exercise, and no delay in exercising, on the part of LHS, any right or any power hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
LHS Associates Training Platform Privacy Policy
Welcome! You have arrived at www.lhsassociates.com, which is owned and operated by LHS Associates Inc. (“LHS”). This LHS Associates Training Platform Privacy Policy (the “Privacy Policy”) is related to your use of LHS’ online platform that enables and facilitates for municipalities training concerning elections and voting procedures (referred to collectively as the “Services”). Throughout this Privacy Policy, the words “we”, “us”, and “our” refer to LHS and the words “you” and “your” refer to the user interacting with the Services. This Privacy Policy applies to information that we collect and handle from users who have registered for the Services (“Users”). This Privacy Policy does not apply to our data collection activities offline or otherwise outside of the Services (unless otherwise stated below). Please review the LHS Associates Training Platform User Agreement, which govern your use of the Services.
By accessing and using the Services, you consent to our collection, use, and sharing of your information and data, and other activities as described below.
1. What Information Do the Services Collect?
- Information We Collect About You
(b) Information Collected or Stored as You Access and Use the Services
In addition to any information, including Personal Information, that we receive as described above, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you interact with the Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone, or other device (a “Device”) whenever you interact with the Services. To the extent we associate Usage Information with Personal Information we collect directly from you through the Services, we will treat it as Personal Information.
This Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to the Services;
- the areas within the Services that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter, or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to visit the Services. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built into or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs” or “clear GIFs”) may be included in the Services’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner, ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices in the same user).
Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:
Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access the Services, including cookies required to prevent fraudulent activity and improve security.
Performance-Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products, or services offered through the Services.
Functionality-Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Services, including identifying you when you sign-in to the Services or keeping track of our specified preferences, including in terms of the presentation of content on the Services.
Targeting-Related. We may use Tracking Technologies to deliver content relevant to your interests on the Services and third-party websites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
Tracking Technologies Choices and Consent
We obtain your consent to our information storage or collection of Tracking Technologies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make a choice to disable cookies as set forth above. Please note that we are not required to obtain your consent to the information collection Tracking Technologies identified above that are strictly necessary.
We are giving you detailed notice of the Tracking Technologies and your limited choices regarding them so that your consent is meaningfully informed.
Third Party Tracking and “Do Not Track”
There may be other Tracking Technologies now and later devised and used by us in connection with the Services. Further, third parties may use Tracking Technologies in connection with the Services, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Services and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties. Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
(c) Information Third Parties Provide About You
We may, from time to time, supplement the information we collect directly from you through the Services with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your Personal Information we collect through the Services, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.
(d) Interactions with Third-Party Websites
The Services may include functionality that allows certain kinds of interactions between the Services and a third-party website or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, when you register with the Services, you may have an option to use your Facebook, Google, or other account provided by a third-party website or application to facilitate the registration and log-in or transaction process through the Services, or otherwise link accounts. If we offer, and you choose to use, this functionality to access or use the Services, the third-party website or application may send Personal Information about you to us. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction with our Services. In addition, we may provide third-party websites’ interfaces or links through the Services to facilitate your sending a communication from the Services. For example, we may use third parties to facilitate emails, tweets, or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. We may not control or have access to your communications through these third parties. Further, when you use third-party websites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on the Services.
2. How Do We Use the Information Collected?
Generally. We may use your Personal Information or Usage Information that we collect about you: (1) to provide you with information or services or to process transactions that you have requested or agreed to receive including providing general information about our services in response to a request submitted online; (2) to provide you with information about new product or service offerings on an ongoing basis, unless you opt out of receiving such messages; (3) to enable you to participate in a variety of the Services’ features; (4) to send promotional or marketing messages to you on behalf of the other businesses or organizations; (5) to process your account inquiry, including verifying your information is active and valid; (6) to improve the Services, to create new service offerings, to customize your experience on the Services, or to serve you specific content that is most relevant to you; (7) to contact you with regard to your use of any of the Services, and, in our discretion, changes to the Services and/or any of the Services’ policies; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
Contact Us. Please note that information submitted to the Services via a “contact us” or other similar customer inquiry function may not receive a response.
3. How and When Do We Share Information with Third Parties?
We acknowledge your ownership rights in your Personal Information. We will never sell or rent your Personal Information to anyone without your permission and will never use your Personal Information for any purpose other than as described here or to carry out the Services as specified in any Services user agreement that you agree to.
We will not share Personal Information with third parties for direct marketing purposes. We may, however, share non-Personal Information, such as aggregated user statistics and browsing behavior information, with third parties. We may share the information we have collected, including Personal Information, as disclosed at the time you provide the information and as described or otherwise in this Privacy Policy. We may also disclose Personal Information as follows:
(a) When You Request Information from or Provide Information to Third Parties
You may be presented with an option through the Services to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
(b) Third Parties Providing Services on Our Behalf
We may use third-party vendors to perform certain services on behalf of us or the Services, such as hosting the online platform, designing and/or operating the online platform’s features, tracking the online platform’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to Personal Information and Usage Information to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to Personal Information. We are not responsible for those third-party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(c) To Protect the Rights of LHS Inc. and Others
To the fullest extent permitted by applicable law, we may also disclose Personal Information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend our rights, safety, or property or the rights, safety, or property of third parties (including through the enforcement of this Privacy Policy, our LHS Associates Training Platform User Agreement, or other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
(d) Affiliates and Business Transfer
We may share Personal Information with our parents, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
4. Does Third-Party Content or Links to Third-Party Websites Appear on the Services?
The Services may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier. In addition, when you use the Services you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services, and they may be tracking you across multiple websites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you onto a different website. These other websites may associate their Tracking Technologies with you, independently collect data about you or others, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave the Services and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.
5. How Can You Change Your Information and Communications Preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Services may allow you to review, correct, or update Personal Information you have provided through registration forms or otherwise, and you may provide registration updates and changes by contacting us. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences, information that you remove may persist internally for our administrative purposes. You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional messages or in some cases by logging into your Services account and changing your communication preferences. Please note that we reserve the right to send you certain communications relating to your account or use of the Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact us at [privacy@lhsassociates.com].
6. What About Transfers of Information to the United States?
The Services are operated in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the transfer to, and processing, usage, sharing, and storage of, your information, including Personal Information, in the United States as set forth in this Privacy Policy.
7. What Should Parents Know About Children?
We understand the importance of protecting children’s privacy in the interactive world. We do not use the Services to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with Personal Information without COPPA-required consent, please contact us at [privacy@lhsassociates.com].
8. What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use the Services and provide us with your information at your own risk.
9. What About Changes to the Privacy Policy?
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of the Services indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
LHS Associates Training Platform User Agreement
This LHS Associates Training Platform User Agreement (“Agreement”) is a binding agreement between you (“you” or “your”) and LHS Associates Inc. (“LHS”). This Agreement governs your use of LHS’ training platform that enables and facilitates training services for municipalities relating to the conducting of elections and voting procedures (collectively, the “Services”). The Services are licensed, not sold, to you.
By using the Services, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are 18 years of age or older; and (c) accept this Agreement and agree that you are legally bound by its terms. If you do not agree to these terms, you may not use the Services.
1. Services. You agree that your use of the Services shall be solely in accordance with the terms and conditions of this Agreement.
2. Registration, Collection, and Use of, and Corrections and Updates to, Your Information. You will be required to register to use the Services, and in the course of doing so you will submit information about yourself for the purpose of creating a user profile. By submitting information that identifies you directly or indirectly, you agree that you have read, understood, and accept the terms of the LHS Privacy Policy (the “Privacy Policy”), the terms of which are incorporated by reference into this Agreement. You acknowledge that when you use the Services, LHS may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Services. By using the Services, you consent to all actions taken by LHS with respect to your information in compliance with the Privacy Policy. The Services platform includes a means for you to update, correct, or delete your personal information.
3. User Name and Password Protection. Your email address will be your user name for your Services account, and you will be required to choose a password for your account. You agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Services. You agree that you will not share your password with any other person. You authorize LHS to assume that any person using the Services with your username and password is you or is authorized to act for you. You agree to notify LHS immediately if you suspect any unauthorized use of your account. You understand that your password will expire after the time period that you chose and paid for via the LHS online registration interface at the time you register to use the Services and assent to these the terms of this Agreement.
4. Prohibited Uses.
(a) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose outside of the intended use of the Services. You agree that you are solely responsible for (and that LHS has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which LHS may suffer) of any such breach.
(b) You agree that you shall not transmit to LHS or upload to or through the Services any Harmful Code, or use or misappropriate the Services for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots,” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate, or otherwise impede in any manner, any data, storage media, program, system, equipment, or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
(c) Without limiting the foregoing and by way of example only, users may not:
- share your password with any other person;
- intentionally distribute Harmful Code or items of a destructive or deceptive nature;
- violate the legal rights (such as rights of privacy and publicity) of others;
- use the Services for any unlawful purpose;
- create user accounts by automated means or under false or fraudulent pretenses;
- sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any LHS account;
- modify, adapt, translate, or reverse engineer any portion of the Services;
- reformat or frame any portion of the web pages that are part of the Services without LHS’ explicit written permission;
- create multiple LHS accounts without permission;
- bypass any limitations or suspensions of functionality; or
- provide false information.
6. License Restrictions. You shall not:
(a) copy the Services or the Services Content, except as expressly permitted by this Agreement;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or the Services Content;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or the Services Content, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, share or otherwise make available the Services, or any features or functionality of the Services, to any third party (including a competitor of LHS) for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services or Services Content.
7. Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, nor do you acquire any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and in accordance with the Services’ documentation. LHS reserves and shall retain its entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
8. Updates. LHS may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that LHS has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
9. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that LHS is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. LHS does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
10. Representations and Warranties. You represent and warrant that:
(a) you have the right and authority to enter into this Agreement;
(b) your entering into this Agreement with LHS and the performance of your obligations under the Agreement do not and will not conflict with or result in any breach or default under any other agreement to which you are subject; and
(c) that you will not use the Services in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
11. Term and Termination.
(a) The term of this Agreement commences when you complete your registration to access the Services and will continue in effect until the time period that you elected and paid for at the time of registering expires, unless this Agreement and access to the Services first is terminated by you or LHS as set forth in Sections 11(b) and 11(c), respectively, below.
(b) You may terminate your account at any time by logging into the Services. You are solely responsible for terminating your account, should you choose to do so.
(c) LHS may, in its sole discretion and at any time, terminate or disable your account or your access to or use of the Services for any or no reason, including if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will terminate; and
(ii) you must cease all use of the Services.
(e) Termination or expiration will not limit any of LHS’s rights or remedies at law or in equity.
12. Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LHS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS OR THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR TO THE COMMUNICATIONS TRANSMITTED TO YOU THROUGH THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LHS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES OR ANY COMMUNICATIONS TRANSMITTED TO YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LHS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, YOUR RECEIPT OF OR INABILITY TO RECEIVE ANY COMMUNICATIONS THROUGH THE SERVICES, OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LHS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify, defend, and hold harmless LHS and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement, including, but not limited to, the content you submit or make available through the Services.
15. Geographic Restrictions. LHS makes no claims that the Services are accessible or lawful outside of the United States. Use of the Services might not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Furthermore, by agreeing to the terms of this Agreement you consent to the processing of your personal data in the United States.
16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
17. Governing Law & Venue. This Agreement shall be governed by the laws of the State of Delaware and the applicable federal laws of the United States of America without giving effect to any choice or conflict of law provision or rule. All disputes arising under, or in any way connected with membership in or use of the Services, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Agreement. This Agreement, the Privacy Policy, and any other terms that you are presented with while navigating the Services constitute the entire agreement between you and LHS with respect to the Services, and supersede all prior or contemporaneous understandings and agreements outside of this Agreement or outside of the Services, whether written or oral, with respect to the Services.
20. Amendments. LHS reserves the right, in its sole discretion, to amend this Agreement from time to time. Amendments will be effective upon LHS’s posting of an updated Agreement. You acknowledge that your use of the Services requires your consent to these amendments and that your continued access to or use of the Services after such posting confirms your consent to be bound by the Agreement, as amended. If you do not agree to abide by any future amendments, do not continue to use the Services. It is your responsibility to verify if there have been amendments to this Agreement and to review such changes.
21. Waiver. No failure to exercise, and no delay in exercising, on the part of LHS, any right or any power hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.