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
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.
applies to your access to and
use of the Service. You acknowledge and agree that by accessing or using the Service, LPS may receive
may collect, use, disclose, store, share, and process such personal information in accordance with such
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.
(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
(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
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
(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
(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
LPS’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for
any future enforcement, will not be considered a breach of the TOU by LPS, and does not create a
private right of action for any other party.
If you elect to provide or make available to LPS any suggestions, comments, ideas, improvements or other
feedback relating to the Service (“Suggestions
”), LPS shall own
and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly
display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your
Suggestions in any form and any medium (whether now known or later developed), without credit or
compensation to you.
9. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The Service may include or provide access to third party products, services, content, or offerings,
including advertising for such (“Third Party Services
Services and that terms and policies are solely between you and the advertiser or other third party. You
agree that LPS does not endorse and shall not be liable for any damage or loss of any kind incurred as a
result of any such dealings with Third Party Services.
10. LINKS AND EXTERNAL MATERIALS
The Service or users of the Service may provide links or other connections to other websites or
resources. You acknowledge and agree that LPS does not endorse and is not responsible for any content,
advertising, products, services or other materials on or available through such sites or resources
”). External Materials are subject to
not be liable for any damage or loss resulting from or arising out of use of or reliance on any External
11. MODIFICATIONS TO THE SERVICE
LPS reserves the right at any time to modify or discontinue the Service (or any portion thereof) with or
without notice, and LPS shall not be liable to you or any third party for any such modification or
You shall indemnify, defend and hold LPS and its affiliates, and each of their officers, directors,
employees, agents, partners and licensors (collectively,
”) harmless from and against any claim, demand,
loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or
arising out of: (a) Your Content; (b) your violation of the TOU, any law or regulation, or any rights
(including intellectual property rights) of another party; or (c) your use of the Service.
13. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LPS
PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING
FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
(b) LPS PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE VIRUS-FREE OR
ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE
OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.
(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES
ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR
OMITTING ANY ACTION.
(d) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY
RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR
THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
14. LIMITATION OF LIABILITY
(a) LPS PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF
COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS,
EVEN IF LPS PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL LPS PARTIES’ TOTAL
LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR
USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO
LPS FOR ACCESS TO THE SERVICE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON
WHICH THE APPLICABLE CLAIM(S) AROSE.
(b) THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH
LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN,
THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO
AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS
ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(a) If you violate the TOU, all rights granted to you under the TOU shall terminate immediately,
with or without notice to you.
(b) You access to certain portions of the Service may be limited to a fixed duration. For example,
access to surveys will conclude upon the conclusion of the time period designated for the survey.
(c) Upon termination of the TOU for any reason: (i) LPS, in its sole discretion, may remove and
discard Your Content; (ii) you will immediately cease your use of the Service; and (iii) any
provision that, by its terms, is intended to survive the expiration or termination of this TOU shall
survive such expiration or termination. Further, you agree that that LPS shall not be liable to you
or any third party for any termination of your account or access to the Service.
16. GOVERNING LAW
The TOU shall be governed by and construed and enforced in accordance with the United States Federal
Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to
conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for
the International Sale of Goods is specifically excluded from application to the TOU, regardless of the
states in which the parties do business or are incorporated.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER
(a) ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION
RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE
PURPOSES OF THE TOU AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING
$5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN
ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its
then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules.
The AAA’s rules are available at http://www.adr.org/. Payment
of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The
arbitration shall be conducted in the English language by a single independent and neutral
arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such
hearing shall be conducted in the County and State of New York or, if the Consumer Arbitration
Rules apply, another location reasonably convenient to both parties with due consideration of
their ability to travel and other pertinent circumstances, as determined by the arbitrator. The
decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be
entered in any court of competent jurisdiction.
(c) WE EACH AGREE THAT ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED ONLY ON AN
INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER
SIMILAR PROCESS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH
WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF
COMPETENT JURISDICTION IN THE COUNTY AND STATE OF NEW YORK. YOU HEREBY SUBMIT TO THE PERSONAL
JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM
NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d) Notwithstanding anything to the contrary, you and LPS may seek injunctive relief and any
other equitable remedies from any court of competent jurisdiction to protect our intellectual
property rights, whether in aid of, pending or independently of the resolution of any dispute
pursuant to the arbitration procedures set forth in this Section 17.
(e) If LPS implements any material change to this Section 17, such change shall not apply to any
claim for which you provided written notice to LPS before the implementation of the change.
18. LEGAL COMPLIANCE
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws,
rules and regulations, including without limitation, U.S. export laws and import and use laws of the country
where the Services are accessed or used and you are not: (a) located in a country that is subject to a U.S.
Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed
on any U.S. Government list of prohibited or restricted parties, including the Specially Designated
19. U.S. GOVERNMENT ENTITIES
This section applies to access to or use of the Service by a branch or agency of the United States
Government. The Service includes “commercial computer software” and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in
48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on
behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for
acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in
48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth
in the TOU with respect to the such items, and any access to or use of the Service by the United States
Government constitutes: (i) agreement by the United States Government that that such items are “commercial
computer software” and “commercial computer software documentation” as defined in this section; and (ii)
acceptance of the rights and obligations herein.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party
beneficiaries to the TOU.
21. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Service in a way that constitutes
copyright infringement, please provide LPS’s Agent for Notice of Copyright Claims the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) a description of the material that you claim is infringing and where that material may be accessed
within the Service; (d) your address, telephone number and email address; (e) a statement by you that you
have a good-faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law; and (f) a statement from you that the information in the notification
is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, please contact LPS’s Agent for Notice of Copyright Claims.
LPS’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
1613 S Capital of Texas Hwy, Suite 300
Austin, TX 78746
Phone: (512) 298-1265
Email: firstname.lastname@example.org; email@example.com
22. CALIFORNIA USERS & RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such
unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800)
23. GENERAL PROVISIONS
The TOU constitutes the entire agreement between you and LPS concerning your access to and use of the
Service. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you
and LPS with respect to such subject matter. In the event of any conflict between or among the TOU and any
conditions of the TOU shall take precedence and govern. The TOU may not be amended by you except in a
writing executed by you and an authorized representative of LPS. For the purposes of the TOU, the words
“such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without
limitation.” You may not assign or delegate any right or obligation under the TOU without the prior written
consent of LPS. The failure of LPS to exercise or enforce any right or provision of the TOU shall not
constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or
unenforceable under applicable law, then such provision shall be construed, limited, modified or, if
necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any
way affecting the remaining parts of the TOU. Any prevention of or delay in performance by LPS hereunder due
to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile
governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the
performance of its obligations for a period equal to the duration of any such prevention or delay.