These Terms and Conditions were last revised and are effective as of May 21, 2018.
LMI GROUP TERMS AND CONDITIONS
Welcome to www.lmigroupintl.com, the official website for LMI Group International, Inc.
The following Terms and Conditions (the “Terms”) apply to all users of www.lmigroupintl.com and its associated websites and services (collectively, the “LMI Group Site”), which are owned and operated by LMI Group International, Inc. (“LMI Group,” “us” or “we”). These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and LMI Group regarding your use of the LMI Group Site. Together, Users and LMI Group are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the LMI Group Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the LMI Group Site (the “Guidelines”). All Guidelines are hereby incorporated by reference into these Terms.
BEFORE USING THE LMI GROUP SITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE LMI GROUP SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE LMI GROUP SITE.
1. Eligibility. In order to use the LMI Group Site, you must either be the age of majority in your jurisdiction, an emancipated minor, or be over the age of 13 and possess legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section 1.
3. Modification of the Terms. LMI Group reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. In the event of a material change that may directly affect your account, we will notify you via the most recent email address that you have provided to us in conjunction with your account. Please check these Terms periodically for changes. Your continued use of the LMI Group Site after the posting of changes constitutes your binding acceptance of such changes.
4. LMI Group Site Access and Linking. LMI Group grants you permission to use the LMI Group Site as set forth in these Terms, provided that and for so long as (i) you use the LMI Group Site solely for your personal use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the LMI Group Site in any medium without LMI Group’s prior written authorization; (iii) you do not alter or modify any part of the LMI Group Site other than as may be reasonably necessary to use the LMI Group Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described in Section 6 below; and (v) you otherwise fully comply with these Terms. The LMI Group Site is controlled and offered by LMI Group from its facilities in the United States of America. LMI Group makes no representations that the LMI Group Site is appropriate or available for use in other locations. If you are accessing or using the LMI Group Site from other jurisdictions, you are responsible for compliance with local law and, to the extent allowed in the jurisdiction where you are located, you waive your right to assert claims or avail yourself of protections afforded you in that jurisdiction which are not available in the United States of America.
5. Ownership; Proprietary Rights.
(a) General. The LMI Group Site, including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the LMI Group Site that are provided by LMI Group (the “LMI Group Materials”) are owned and/or licensed by LMI Group, and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Except as expressly authorized by LMI Group, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the LMI Group Site or the LMI Group Materials. LMI Group reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the LMI Group Materials, except for the limited rights expressly set forth in these Terms.
(b) Apps and Other Downloadable Software. If any of the LMI Group Materials that we make available to you is software capable of being downloaded, then the software and all files, images and data relating to the software will be licensed to you by us. This license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time by providing notice to you. Upon receiving notice of revocation, you must destroy all copies of the software in your possession and/or residing on systems under your control. You do not own the downloaded software, and we do not transfer ownership of the software to you. We retain full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form (except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation). Software that is downloaded from the LMI Group Site is subject to United States export control laws. If you download software from the LMI Group Site, you represent and warrant to us that you are not acting in violation of those laws.
6. Prohibited Uses of the LMI Group Site.
(a) As a condition of your use of the LMI Group Site, you hereby represent and warrant that you will not use the LMI Group Site for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section 6) by these Terms.
(b) Any use by you of any of the LMI Group Materials and LMI Group Site other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the LMI Group Site, use of the LMI Group Site, or access to the LMI Group Site for any purpose other than for your personal use.
(c) You agree not to use the LMI Group Site if you do not meet the eligibility requirements described in Section 1 above.
(d) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the LMI Group Site, or collect, or attempt to collect personal information about Users or third parties without their consent.
(e) You agree not to intentionally interfere with or damage, impair or disable the operation of the LMI Group Site or any User’s enjoyment of it by any means, including, but not limited to, uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the LMI Group Site with the intended result of denying service to other Users.
(f) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the LMI Group Site, features that prevent or restrict the use or copying of any part of the LMI Group Site, or features that enforce limitations on the use of the LMI Group Site.
(g) You agree not to attempt to gain unauthorized access to the LMI Group Site or any part of it, other accounts, computer systems or networks connected to the LMI Group Site or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the LMI Group Site or any activities conducted through the LMI Group Site.
(h) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the LMI Group Site. You agree neither to modify the LMI Group Site in any manner or form, nor to use modified versions of the LMI Group Site, including, without limitation, for the purpose of obtaining unauthorized access to the LMI Group Site.
(i) You agree that you will not use any robot, spider, scraper, or other automated means to access the LMI Group Site for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the LMI Group Site.
(j) You agree not to utilize framing techniques to enclose any trademark, logo, or other LMI Group Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing LMI Group’s name or trademarks without LMI Group’s express prior written consent.
(k) You agree not to use any LMI Group logos, graphics, or trademarks as part of the link without our express prior written consent.
(l) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the LMI Group Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(m) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the LMI Group Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(n) You agree not to modify, adapt, translate, or create derivative works based upon the LMI Group Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(o) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Unauthorized or prohibited use of the LMI Group Site or the LMI Group Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
7. Account Information. In order to access some features of the LMI Group Site, you will have to create an account. You acknowledge, consent, and agree that LMI Group may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) provide certain customized features of the LMI Group Site to you, if any; (d) respond if you contact LMI Group for any reason; or (e) protect the rights, property, or personal safety of LMI Group, its other Users, and the public. You may cancel your account with us at any time by emailing email@example.com. We reserve the right to immediately terminate your account in our sole discretion, and without prior notice to you, if you violate the Terms or if we otherwise believe it is necessary to protect our interests or the interests of others.
8. Password. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify LMI Group. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, LMI GROUP OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
9. Feedback. You agree that any feedback, analysis, suggestions and comments to LMI Group provided by you (collectively, “Feedback”) will become the property of LMI Group. IN CONSIDERATION OF LMI GROUP PROVIDING ACCESS TO THE LMI GROUP SITE FREE OF CHARGE, USER HEREBY ASSIGNS TO LMI GROUP ALL RIGHT, TITLE AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE FEEDBACK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USER AGREES THAT LMI GROUP SHALL HAVE THE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing assignment and to grant to LMI Group the rights granted under this Section 9 and that any Feedback which is provided by User to LMI Group does not infringe any third-party intellectual property rights. Notwithstanding the foregoing assignment, LMI Group grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
10. User Disagreements. You are solely responsible for your involvement with other Users of the LMI Group Site. LMI Group reserves the right, but has no obligation, to monitor disagreements between you and other Users. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LMI GROUP DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.
11. Terms and Conditions Violations; Termination. You agree that LMI Group may terminate any account (or any part thereof) you may have through the LMI Group Site or your use of the LMI Group Site, and remove and discard all or any part of your account, at any time for any reason (including without limitation your violation of these Terms) or no reason at LMI Group’s sole discretion. You agree that your access to the LMI Group Site or any account you may have or portion thereof may be terminated without prior notice, and you agree that LMI Group shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies LMI Group may have at law or in equity.
12. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LMI GROUP, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE LMI GROUP SITE; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY; (IV) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (V) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY LMI GROUP. LMI GROUP RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF LMI GROUP. LMI GROUP WILL USE COMMERCIALLY REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
13. DISCLAIMERS; NO WARRANTIES.
(a) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13, AND SECTIONS 14 AND 15 BELOW, THE TERM LMI GROUP INCLUDES LMI GROUP’S PARENT, SUBSIDIARY, AFFILIATED AND OTHER RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP) AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
(b) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LMI GROUP DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED APPLICABLE TO THE LMI GROUP SITE AND ANY GOODS, SERVICES OR FEATURES SOLD OR OTHERWISE MADE AVAILABLE TO USERS ON THE LMI GROUP SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LMI GROUP OR THROUGH THE LMI GROUP SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(c) “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”. YOU EXPRESSLY AGREE THAT THE USE OF THE LMI GROUP SITE IS AT YOUR SOLE RISK. THE LMI GROUP SITE AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LMI GROUP SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(d) WEBSITE OPERATION. LMI GROUP DOES NOT WARRANT THAT THE LMI GROUP MATERIALS, LMI GROUP SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE LMI GROUP SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
(e) ACCURACY. LMI GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LMI GROUP SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(f) HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE LMI GROUP SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.
14. LIMITATION OF LIABILITY AND DAMAGES.
(a) LIMITATION OF LIABILITY. SUBJECT ALWAYS TO SECTION 15(a), UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LMI GROUP OR ITS THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE LMI GROUP MATERIALS ON THE LMI GROUP SITE OR ANY REFERENCE SITES, THE LMI GROUP SITE ITSELF, OR ANY OTHER INTERACTIONS WITH LMI GROUP, EVEN IF LMI GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) LIMITATION OF DAMAGES. SUBJECT ALWAYS TO SECTION 15(a), IN NO EVENT SHALL LMI GROUP’S OR ITS THIRD PARTY PARTNERS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LMI GROUP SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).
15. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
(a) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. IF YOU ARE A USER IN THE EUROPEAN UNION, NOTHING IN THESE TERMS ATTEMPTS TO EXCLUDE OR LIMIT LMI GROUP’S LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (C) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
(b) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT LMI GROUP HAS OFFERED ITS SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LMI GROUP, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LMI GROUP. YOU ACKNOWLEDGE AND AGREE THAT LMI GROUP WOULD NOT BE ABLE TO PROVIDE THE LMI GROUP SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
(a) Notice. LMI Group may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the LMI Group Site. If Notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless LMI Group is notified that the email address is invalid, and if through postal mail, three (3) days after the date of mailing. You may provide LMI Group with notices only by mail to its registered address, 228 Park Avenue South, #18311, New York, New York 10003, United States.
(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. The Uniform Computer Information Transactions Act does not apply to these Terms.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the LMI Group Site shall be filed only in the state or federal courts in and for the County of New York and State of New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. You agree that you will not file or participate in a class action against us. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE LMI GROUP SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
(d) Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE LMI GROUP SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this Agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
(e) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of either party to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(f) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(g) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LMI Group without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(h) No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LMI Group as a result of these Terms or use of the LMI Group Site.
(i) Survival. Sections 5, 7 (other than your duty to update account information), 9, 10, 11, 12, 13, 14, 15 and 16 will survive any termination of these Terms or your account, whether by you or by LMI Group.
(j) Headings. The heading references in these Terms are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions of these Terms.
(k) Entire Agreement. This is the entire agreement between you and LMI Group relating to the subject matter of these Terms and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to the relevant subject matter. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by LMI Group as set forth in Section 3 above.
Copyright © 2018 LMI Group International, Inc. All Rights Reserved.