Last Updated: July 6, 2011
Welcome to the Like a Rebel website located at www.likearebel.com(the "Website"). The Website is owned and operated by Like a Rebel Apparel, LLC ("LAR" "we" or "us").
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract or you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services.
LAR’s principal place of business is located at 6650 Via Austi Pkwy # 150, Las Vegas, NV 89119.
We may amend the Terms from time to time without specific notice to you except that any amendment or modification (i) to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") or (ii) to the pricing and/or billing provisions ("Billing Provisions"), won’t apply to any disputes or charges incurred prior to the applicable amendment or modification. Your continued use of the Website or its services constitutes your agreement to any changes to the Terms in effect at that time (other than with respect to changes to the Dispute Resolution Provisions or the Billing Provisions, which will apply only on a going forward basis only as noted above). We will post the latest Terms on the Website. Therefore, you should regularly check the Website for any updates or changes.
The following summary is intended to present certain important aspects of your relationship with LAR. For complete details, please review the remainder of the Terms.
Terms of Service
1.0 REGISTRATION & PAYMENT
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to LAR will always be accurate, correct and up to date. During the registration process, you must choose a username. The username must not be offensive, be selected to deceive or mis-inform, may not offend common decency or infringe upon the rights of third-parties. If LAR receives information of a username which is illegal or in breach of the Terms, this username can be amended by LAR without prior notice.
You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website. Accordingly, you agree that you will be solely responsible to LAR for all activities that occur under your account whether or not such access to and use of this Website is actually authorized by you. This responsibility includes but is not limited to all communications and all obligations, including financial, incurred through such access or use. User accounts created during registration are non-transferable. You shall immediately notify us of any unauthorized use or your password or any other potential breach of this Website.
Unless otherwise stated, all fees and prices are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with products on our site and services in a timely manner with a valid payment method. If your payment method fails or we receive a payment reversal, we may place your account into a collections account and assess additional fees as a result of such reversals or failed payments. Each payment reversal will result in a non-negotiable $35.00 fee, the account being placed into an internal collections account and subject to additional administrative and legal fees that may accrue as a result of our attempts to collect payment.
LAR reserves the right to withhold any outstanding deliveries and block your access to your account until payment in full of any amounts owed are received in full.
If a product is incorrectly priced or listed with incorrect information due to typographical error, error in pricing, error in product information received from suppliers or any other error, we shall have the right to refuse or cancel any order s placed for these products. This right to refuse or cancel is effective whether or not the orders have been confirmed or your cred card has been charged. If you have already been charged and we cancel or refuse the order, we will immediately issue a refund to the method of payment in the full amount of the charge.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD OR VISITING THE WEBSITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
1.5 Consent to Receive Email:
By establishing an account with LAR, you consent to receive periodic email communications from LAR concerning LAR’s products and services. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) sending an email to firstname.lastname@example.org.
All items purchased from LAR are done so pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier.
Unless otherwise stated, delivery will be made directly from our third-party suppliers or from our warehouse to the shipping address provided by you. Deliveries are made within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands), Australia, Canada, United Kingdom, and New Zealand. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Please contact our service department at email@example.com an item is not delivered within the indicated time so that we can work with you to address the issue. LAR shall be entitled to involve third-parties to satisfy its contractual obligations without being required to previously notify you. Obvious damage to an item from transport or packaging damaged during transport is to be reported to LAR immediately upon taking delivery. Should LAR not be able to deliver the item ordered due to a manufacturing recall or discontinuance of an item, LAR shall be entitled to substitute the item with a comparable replacement product with simi or better features, or provide a refund of the auction end price and any Bids used within the relevant auction to you, at your option.
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
3. RISK OF DELIVERY:
Title to the items purchased by You, and the risk of loss for delivery, passes to You upon our delivery of the item to the carrier.
4. REFUNDS AND CUSTOMER SERVICE:
If, within seven (30) days of delivery of an item, you decide you no longer want the item, for any reason, LAR will refund you with the amount that you paid for the item minus delivery costs, provided that you have (i) contacted the LAR customer service team in writing via email at firstname.lastname@example.org, within the 30 day period; and (ii) returned the item to LAR unused, un-opened and in its original packaging, along with a printed copy of the original receipt to LAR, LLC, 6650 Via Austi Pkwy # 150 Las Vegas, NV 89119-3551. Once received and processed, refunds will be credited by LAR within ten (10) business days of receipt of the item and a duplicate copy of the original receipt. LAR does not charge its customers a re-stocking fee, despite the cost of processing an item back into inventory. However, shipping and handling charges are non-refundable and LAR is not responsible for return postage/shipping costs. These costs shall be the sole responsibility of the customer.
If you receive a faulty product and wish to exchange it for the same product, please email us at email@example.com for complete exchange details. To exchange a faulty product, you must contact us within seven (7) business days of delivery of an item. LAR will exchange the item and will pay for any reasonable delivery costs (to be determined at LAR's sole discretion), provided that you have (i) contacted the LAR customer service team in writing via email to firstname.lastname@example.org the 7 business-day period; and (ii) returned the faulty item to LAR unused, with its original packaging, along with a duplicate copy of the original receipt to the address noted above.
Any returned payments will result in an additional charge of $35.00 and your account being placed into collections. Any information collected during this period will be used for collection purposes only. You will be responsible for any additional legal and administrative fees that we may incur as a result of being placed into collections.
Customers may obtain support at any time via email at email@example.com.
5. TERMINATION FOR CAUSE, DISPUTE:
If we believe that any member is violating the Terms, we may terminate the member’s account without notice and without further obligation to the member. In that event, such member will no longer be able to log on to the Website and the license to use the Website shall immediately terminate.
Each member’s sole recourse with respect to any dispute with us is to cancel their account. If at any time a member fails to or refuses to pay for product or service, or improperly or seeks or improperly obtains a refund for products or service previously rendered, then we have the right to terminate the member’s account without prejudice to our other rights.
6. ACCECPTABLE USE
You agree not to interfere, permit the use of your membership or account by another to interfere, with the normal processes or use of the Website by other members, including by attempting to log in to the accounts of other members, attempting to access administrative areas of the Website, attempting to systematically extract content from the website beyond patterns consistent with personal use or by submitting Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Website. You agree to report any violation of the Terms by others that you become aware of by contacting us at firstname.lastname@example.org.
You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to post User Content that (i) plagiarizes, violates or infringes upon the rights of any third-party, including trade secret, copyright, trademark, trade dress, privacy, patent, moral right, publicity, or other personal or proprietary rights, and/or (ii) contains unlawful, tortious, threatening, harmful, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, obscene, patently offensive, inappropriate, offensive, harassing, or other unacceptable material or materials that are harmful to minors.
You also agree not to engage in any activity that circumvents, interferes with or disrupts the Website (or the servers and networks connected to the Services) or any user experience of our Website including but not limited to the following: accessing any of the Website by means other than through the interface provided by LAR (e.g. no use of scripts or web crawlers), manipulating our fee structure, the billing process, or fees owed to LAR, distributing spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; or collecting information about users, including email addresses, without their consent.
You agree that you are solely responsible for (and that LAR has no responsibility to you or to any third-party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which LAR may suffer) of any such breach. In case of a breach of these Terms, LAR reserves the right to withhold deliveries or refunds for Bids.
6.2 Rules, Restrictions, Suspension:
Without limiting other remedies, we may limit, suspend, or terminate our Service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, including any User Content and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue LAR sites, services, or tools.
6.3 U.S./Nevada Compliant:
The Website is created and controlled in the State of Nevada in the United States of America (“U.S.”), is intended to be compliant only with U.S. laws and regulations, and is intended for use only in the U.S. This Website, however, may be accessible from outside of the United States. The products and services available on the website may not be available outside of the United States. You are responsible for complying with all local laws and regulations where you access the website, order products or utilize services.
7. GENERAL PROVISIONS
7.1 License Grant:
As a visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content) in accordance with the Terms. We may terminate this license at any time for any reason, whatsoever. You may use the Website, Service and/or content for your own personal, non-commercial use. No part of the Website, Service and/or content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, make derivative works from, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Website or content except as expressly permitted by us. We reserve any rights not explicitly granted in the Terms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to utilize the products and services offered.
7.2 User Content, Links, Third-Party Advertisers:
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7.3 Proprietary Rights:
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, logos, software and other matters related to the Website and/or content are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Service and/or content is strictly prohibited. You do not acquire ownership rights to any content, document, logo, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website, Service and/or content. Our posting of information and/or material at the Website and/or content does not constitute a waiver of any right in such information and/or materials.
You agree to indemnify, defend and hold us, our parent entities, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (i) your use of the Website, services or content; (ii) your breach of the Terms; (iii) your violation of any rights including, but not limited to, intellectual property rights, of another user, individual and/or entity; (iv) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other Submissions.
7.6 Disclaimer of Warranty:
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LAR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER LAR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LAR, ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE . LAR, ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM LAR ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, LAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.
7.7 Limitation of Liability:
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, LAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD-PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, ARE AWARE OF OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR HAVE BEEN NEGLIGENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO LAR FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO LAR IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The Website and Service are hosted in the U.S. and created and controlled in the State of Nevada. Any dispute hereunder shall be governed by the laws of the State of Nevada, without regard to conflict of law provisions. Should a dispute arise concerning the terms and conditions of the Terms or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Nevada, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against LAR and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that LAR incurs in seeking such relief. The Terms do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
7.9 Entire Contract:
The Terms constitutes the entire agreement between the parties regarding the use of the Website and supersedes all prior or contemporaneous communications between the user and us with respect to the Website and the Service. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of the Terms is deemed unlawful, void or unenforceable, the remaining provisions of the Terms will remain in full force and effect. Any aspect of the Website, its products, services or other offers is void where prohibited by law. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of the Terms. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of the Terms. The Terms shall not be construed against either party by reason of their drafting.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions: Please contact us at: email@example.com any questions regarding the Terms.
8. INTELLECTUAL PROPERTY:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LAR or its third-party suppliers/licensors and may be protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of LAR and protected by U.S. and international copyright laws. All software used on this site is the property of LAR or its software suppliers/licensors and may be protected by United States and international copyright laws.
LAR, Likearebel.COM, and other LAR graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, service marks or trade dress of LAR or UNLV in the U.S. and/or other countries. LAR’s trademarks and trade dress may not be used in connection with any product or service that is not LAR’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LAR. All other trademarks not owned by LAR that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LAR. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our, or their, intellectual property rights concerning that trademark, trade name or service mark.
9. DMCA POLICY:
If you are notifying LAR of alleged copyright infringement, please be sure to provide the following information in the form required by 17 USC Section 512:
A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted infringements covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
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, or its agent, or the law; and
A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement: Gary Schnitzer, Esq., c/o Kravitz, Schnitzer, Sloane and Johnson, Chtd. 8985 S. Eastern Ave., Suite 200, Las Vegas, NV 89123.
We may terminate the privileges of any user who uses the LAR Website unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
10. Submissions, Reviews, Comments and Correspondence
Except as otherwise provided in the Terms, anything submitted, posted or provided by You including, but not limited to, ideas, suggestions, questions, comments, reviews, or designs is and will be treated as non-confidential, nonproprietary and we shall have the perpetual, irrevocable and transferable right to use, display, copy, perform, sell, transmit, adapt, create derivative works from, distribute and lease worldwide, royalty-free. All such submissions, reviews, comments and correspondence automatically becomes our sole and exclusive property and shall not be returned to You.
Additionally, when you post comments or reviews to the Website, you are granting to us the right to use the name that you submit with the review, comment, or other content in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on the Website and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any review, submission, comment or correspondence. We may, but shall not be obligated to, remove or edit any reviews or comments for any reason.
11. CHANGES TO THE TERMS:
LAR may make changes to these Terms from time to time. When these changes are made, we will make a new copy of the Terms available to you from within, or through, the LAR Website. You acknowledge that if you use the Services after the date on which the Terms have changed, LAR will imply that your use demonstrates acceptance of the updated Terms.
12. TERMINATING YOUR RELATIONSHIP WITH LAR:
LAR may, at any time, terminate its legal agreement with you if you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms), LAR is required to do so by law (for example, where the provision of the product or services to you is, or becomes, unlawful), or the provision of the products or services to you by LAR is, in LAR’s opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and LAR have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the General Legal Terms below shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to defend, indemnify and hold harmless LAR and its officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of the Terms, including without limitation any representation or warranty contained in the Terms; (ii) your access to or use of the Website or Services; or (iii) your provision to LAR or any of the Indemnified Parties of information or other data.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any claim without the prior written consent of the concerned Indemnified Parties.
14. Force Majeure:
You acknowledge and understand that if LAR is unable to provide the product or services as a result of a force majeure event LAR will not be in breach of any of its obligations towards you under the Terms. A force majeure event means any event beyond the control of LAR. In the event LAR is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. LAR SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
15. GENERAL LEGAL TERMS:
Sometimes when you use the Website, you may use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and LAR and govern your use of the Website (but excluding any product or services which LAR may provide to you under a separate written agreement), and completely replace any prior agreements between you and LAR in relation to the products or services. You agree that LAR may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Website. You agree that if LAR does not exercise or enforce any legal right or remedy which is contained in the Terms (or which LAR has the benefit of under any applicable law), this will not be taken to be a formal waiver of LAR rights and that those rights or remedies will still be available to LAR. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
As set forth above, the Terms, and your relationship with LAR under the Terms, shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and LAR agree to submit to the exclusive jurisdiction of the courts located within the county of Clark, Nevada to resolve any legal matter arising from the Terms. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Nevada. Notwithstanding this, you agree that LAR shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The UN Convention on the International Sale of Goods shall not apply. The contract between you and LAR is binding on the parties and on their respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms or any of their rights or obligations without LAR’s prior written consent.
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms: Payment (with respect to fees or amounts owed for our services or products), Disclaimer of Warranties, Limitation of Liability, Intellectual Property and General Legal Terms.