Terms of Use

Revised: 1/13/2021

1. ACCEPTANCE OF TERMS

This service is owned and operated by Lenox Park Solutions, Inc. or its affiliates (“LPS”). LPS permits access to and use of the LPS platform, including this website, any related Mobile Apps (as defined below), and other related software, content, and services, including all versions and upgrades thereto (collectively, the “Service”). Your use of the Service is subject to and governed by the terms and conditions in this Terms of Use (“TOU”). LPS may, at its discretion, update the TOU at any time. You can access and review the most current version of the TOU at the URL for this page or by clicking on the “Terms of Use” link within the Service or as otherwise made available by LPS.

PLEASE REVIEW THE TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TOU, YOU MAY NOT ACCESS OR USE THE SERVICE.

THE TOU REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE , INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOU (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 17 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

You represent and warrant that you: (i) are over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) are of legal age to form a binding contract; (iii) have the right, authority, and capacity to agree to and abide by the TOU and (iv) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.

2. PRIVACY POLICY

In addition to the TOU, the LPS Privacy Policy applies to your access to and use of the Service. You acknowledge and agree that by accessing or using the Service, LPS may receive certain information about you, including personal information, as set forth in the Privacy Policy, and LPS may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.

3. GRANT OF RIGHTS

  • (a) Subject to and conditioned on your compliance with the TOU, LPS grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service.
  • (b) To the extent that the Service provides access to any online software, applications or other similar components, subject to and conditioned on your compliance with the TOU, LPS grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in the form within the online platform provided by LPS.
  • (c) LPS may make available mobile application software for access to and use of certain components of the Service (collectively, “Mobile Apps”). Your access to and use of Mobile Apps is subject to the applicable end user license agreement for each app. If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”) or other app store provider, your use of such iOS Mobile App or other app is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service or other app store provider’s terms of service, as applicable. The TOU is between you and LPS only, and not with Apple Inc. (“Apple”) or any other app store provider, and Apple or such other app store provider is not responsible for iOS Mobile Apps or such other Mobile Apps and the contents thereof; however, Apple and Apple’s (or such other app store provider and its) subsidiaries are third-party beneficiaries of the TOU with respect to iOS Mobile Apps or Mobile Apps, as applicable.
  • (d) All rights granted to you under the TOU are subject to your compliance with the TOU in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by LPS.
  • (e) You may not use the LPS name, brands, trademarks, service marks and logos that LPS makes available on the Services (“Marks”). LPS claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with LPS. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use, will inure to LPS’s benefit.

4. REGISTRATION

  • (a) You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LPS reasonably suspects that you have done so, LPS may suspend or terminate your account.
  • b) You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account. You agree to notify LPS immediately of any unauthorized use of your account or password or any other similar breach of security.

5. RESPONSIBILITY FOR CONTENT

  • (a) You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not LPS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not LPS, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
  • (b) You acknowledge and agree that LPS has no obligation to pre-screen Content (including Your Content and User Content), although LPS reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, LPS shall have the right to remove any Content that violates the TOU or that it deems objectionable.
  • (c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party.
  • (d) Some portions of the Service allow you to participate in surveys administered by LPS on behalf of clients it services (“Clients”) in which you may provide information about yourself and your organization (“Survey Data”). In the event that you participate in such surveys, you represent and warrant that: (i) you are authorized, on behalf of yourself and your organization, to make Survey Data available for use by LPS and Clients; and (ii) the information you provide is true and accurate.

6. RIGHTS TO CONTENT

  • (a) LPS does not claim ownership of Your Content. However, you grant LPS and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) as necessary to provide the Service or as otherwise permitted by law. With respect to Survey Data, LPS will use such data subject to the LPS Privacy Policy.
  • (b) You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks and across boarders; and (ii) modifications or changes to conform, connect and adapt to technical requirements of connecting networks or devices.
  • (c) Except with respect to Your Content, you acknowledge and agree that, as between you and LPS, LPS and its licensors own all rights, title and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. The Service provided to you hereunder or available to you through the Service is licensed, not sold, and LPS retains and reserves all rights not expressly granted to you in the TOU.
  • (d) Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOU; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive trade secrets, algorithms or the source code, architectural framework or data records of any software within or associated with the Service; (iii) interfere with or disrupt the integrity or performance of the Service, including by disrupting the ability of any other person to use or enjoy the Service; (iv) provide use of the Service on a service bureau, rental or managed services basis, provide or permit other individuals or entities to create Internet “links” to the Service or “frame” or "mirror" the Services on any other server, or wireless or Internet-based device; (v) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by LPS; ; or (vi) remove or obscure any proprietary notice that appears within the Service.

7. USER CONDUCT

  • In connection with your access to or use of the Service, you will not:
  • (a) upload, post, email, store, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; (vi) contains infringing, libelous, or otherwise unlawful or tortious material; or (vii) consists of information that you know or have reason to know is false or inaccurate.
  • (b) impersonate any person or entity, including LPS personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • (d) act in a manner that negatively affects the ability of other users to access or use the Service;
  • (e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
  • (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • (g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service, or substantially download, reproduce or archive any portion of the Service;
  • (h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including your user account and password; or
  • (i) violate any applicable local, state, provincial, federal or international law or regulation, or use the Services for any illegal, unauthorized or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights.