Terms and Conditions of Use

Terms and Conditions of Use YOU ARE SUBJECT TO ALL TERMS AND CONDITIONS OF THIS USER AGREEMENT (“UA”) for USLots.com (“Website”). 1. UA Terms. The Website and certain of its features are available to you, the licensee, conditioned on your acceptance, without modification, of all terms and conditions of this UA. If you, or any person acting for you, with your permission, or with a password you made available directly or indirectly to any person (collectively .you. or .your.) accesses, uses, derives information from, or places information within the Website, such constitutes your acceptance of all terms of this UA, as now in existence or as may later be modified in accordance with its terms. This UA (including all amendments posted on the Website) is the entire agreement relating to your use of the Website, and supercedes all prior, current, and future oral and written communications, proposals, and representations regarding the Website and the use of any feature thereof. USLOTS, LLC may change, from time to time, the Website. USLOTS, LLC may elect to, but is not obligated to, introduce, or grant different grades of service, different degrees of access to information and/or analysis, or introduce new features and future versions of the Website which may change functions, limit access to information and/or analysis, and introduce new or revised security restrictions at any time without prior notice, at USLOTS, LLC’s sole discretion, and without making any of the above available to you without liability to USLOTS, LLC and its affiliates. You agree to bear all risks and hold USLOTS, LLC and its affiliates harmless for any and all effects that any of the above changes may have on your ability to use the Website for any purpose. USLOTS, LLC may limit, create different priorities for different users, update, and/or cancel some or all of the functions of the Website at any time, without prior notice. By continuing to use the Website after notice of any change is posted on the Website, you signify your consent to all such changes, including but not limited to all changes to this UA. If you do not accept all terms of this UA you must exit the Website before accessing any of the Website’s features, otherwise you have created a legally binding agreement that you will comply with all terms of this UA. 2. Payment Terms. Advertising and Marketing Customers a/k/a Partners & Affiliates (.Customers.) agree to pay for all advertising and marketing through the Website using the payment method indicated on the site and provides USLOTS, LLC express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of USLOTS, LLC services (.Services.) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Services. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customers. If payment is not current, USLOTS, LLC may immediately cease to provide any and all Services to the Customers. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but will be subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. Subscriptions require 90 day minimum service term. Customers will be responsible for the full subscription list price for the initial 90 day term. Any Premium Membership (as defined hereinbelow) canceled within the 90 day minimum service term will be subject to a $25 early cancellation fee. Subscriptions will automatically renew unless Customers contact USLOTS, LLC in writing or by calling USLOTS, LLC 30 days prior to the renewal date and indicate their intent to cancel their subscription. Customers may cancel their USLOTS, LLC product membership by emailing USLOTS, LLC ([email protected]) or leaving a voicemail cancellation request ((888) 262-8996). All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. USLOTS, LLC reserves the right to change its fees or billing methods at any time. USLOTS, LLC will provide timely notice to the affected Customers of any such changes. It is the Customer.s responsibility to promptly provide USLOTS, LLC with any contact or billing information changes or updates (including email address, credit card numbers, etc.). [Premium Memberships Defined:] Premium Membership privileges are granted by USLOTS, LLC to Customers exclusively and are granted specifically to the subscribing Premium Member only. Premium Membership rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other then the subscribing Premium Member without the express written permission of USLOTS, LLC. Premium Membership privileges are subject to change from time to time and may be subject to property listing and searching limitations. Customers acknowledge that USLOTS, LLC (in addition to its other remedies) can cancel and prohibit Premium Membership privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Premium Member subscriptions will automatically renew at the prevailing monthly subscription cost and the credit card number provided for initial payment will be charged accordingly unless the Customers notify USLOTS, LLC (in writing or by telephone) 30 days prior to the renewal date. USLOTS, LLC reserves the right to change its fees, payment frequency, or billing methods at any time. USLOTS, LLC will provide timely notice of any such changes. 3. MyLot Accounts. USLOTS, LLC may grant you limited access to the Website; however, certain portions of the Website may be available only if you have an account (“Account”) or are recognized as a Premium Member by completing a registration process requiring that you provide current, complete, and accurate information as prompted by the registration process on the Website, which you represent is accurate and complete in all respects and that you are over age eighteen (18), and paying any and all amounts due on or before their due dates. You are responsible for keeping your Account name and password confidential, and are responsible for any and all activities that occur under your Account. You agree to notify USLOTS, LLC immediately of any unauthorized activity regarding your Account and any other misuse of the Website of which you are aware. USLOTS, LLC will not be responsible for any loss that you may incur as a result of someone else using your Account, either with or without you knowledge. 4. Software License. USLOTS, LLC grants you a non-exclusive license to use only specified portions and functions of the Website strictly in accordance with all terms of this UA, which license USLOTS, LLC may terminate at any time without notice if USLOTS, LLC believes a violation of this UA has occurred. Only one individual may use an Account at one time, and a single Account may only be used for the benefit of one (1) individual who is the registered user for that Account. 5. No Warranties. USLOTS, LLC AND ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES OR GUARANTIES AS TO THE AVAILABILITY. OR RELIABILITY OF THE WEBSITE OR THE INFORMATION YOU OR OTHER USERS PLACE ON THE WEBSITE. USLOTS, LLC AND ITS SUPPLIERS OR CONTRACTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. USLOTS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS OR CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES REGARDING THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL USLOTS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS, SPONSORS, SUPPLIERS, CONTRACTORS AND THE EMPLOYEES, DIRECTORS, SHAREHOLDERS, OFFICERS AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR ANY INFORMATION THEREON, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANALYSIS, OR ANY OTHER TYPE OF LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FAILURE TO PROVIDE SUPPORT FOR, OR RESOLVE ANY SUPPORT ISSUES REGARDING, THE WEBSITE, EVEN IF USLOTS, LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ANY CASE USLOTS, LLC’S ENTIRE LIABILITY UNDER ANY PROVISION OF THE UA SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, OR WHICH HAS BEEN PAID ON YOUR BEHALF TO, USLOTS, LLC DIRECTLY FOR ACCESS TO THE WEBSITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 6. No Unlawful or Prohibited Use. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this UA. 7. Links to Third-Party Sites. The Website may contain hyperlinks that will allow the user to leave USLots, LLC.s Website. The linked sites are not under the control of USLots, LLC, and thus USLots, LLC is not responsible for the content available on any other Internet sites linked to the Website. USLots, LLC is providing these links or hyperlinks to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at the user.s own risk. The inclusion of any link does not imply a recommendation or endorsement by USLots, LLC of the linked or hyperlinked site. 8. Trademarks. The following trademarks are owned by USLots, LLC and/or its affiliates. Unauthorized use of any of these trademarks may be a violation of federal and/or state law.
USLots.com®
9. User Representations and Information.
9.1 You agree that any and all information you, or anyone on your behalf, places on the Website shall at all times be:
  • Accurate in all respects to your then knowledge and belief;
  • Corrected promptly by you when any new or revised data or information is available to you or your agents;
  • Authorized in writing to be placed on the Website by all owners of the property.
  • Lawfully placed in the Website and in any of USLOTS, LLC’s hardware and software;
  • Accessed, used, and distributed strictly in accordance with all terms of this UA.
  • Formatted and within the type, size and other limits as described in the Website, which USLOTS, LLC reserves the right to modify, including without limitation the number of days that data will remain within the Website, the frequency with which data must be updated by you or will be withdrawn from the Website by USLOTS, LLC, and the volume of data which you may store on the Website at any one time.
9.2 You will abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with the Website and agree not to use the Website or any feature, aspect, or data in, a part of, or from the Website to:
  • Post or send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  • Harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent;
  • Transmit through or post on the Website any unlawful, harassing, libelous, abusive, torturous, defamatory, threatening, harmful, invasive to another’s privacy, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or nature, or which is harmful to minors in any way;
  • Transmit any material which may infringe upon any intellectual property or other rights of any person including without limitation trademark, copyright, or right of publication in any form or format.
  • Transmit any material that you are aware contains a software virus or viruses, or other harmful or objectionable computer code, files, program, routine such as Trojan horses, worms, time bombs, cancel bots, or pop-ups.
  • Interfere with or disrupt servers, networks, hardware, software, or users connected to, using, or a part of the Website, or violate the licenses, policies, procedures, or regulations of such.
  • Attempt to gain unauthorized access to the Website, other accounts, computer systems, networks, or users connected to or using the Website, through password mining or any other means.
  • Harass or interfere with another user’s use or enjoyment of the Website and any of that or other user’s data on the Website.
9.3 You are responsible for any and all data which you or your designee place on the Website. You indemnify and hold USLOTS, LLC, its affiliates, licensors, suppliers and sponsors, and their respective shareholders, directors, officers, employees, and agents, harmless from and against any and all claims that any data that you place directly or indirectly within the Website is inaccurate or incomplete in any respects. 9.4 All information you place on the Website is accessible by USLOTS, LLC at all times, and may be revised by USLOTS, LLC to conform to all the Website requirements, although USLOTS, LLC is under no obligation to reformat any data and shall not be liable to you or any other person for any data or revisions thereto. 9.5 You hereby authorize the Website and USLOTS, LLC to place cookies and other files on your computer’s hard drive or other storage medium to assist the Website in limiting access to only authorized users and recording authentication information for the duration, activities, and content of each session on the Website. 9.6 You are responsible for any and all activities that occur under your Account, and must log off and exit from your Account at the end of each session of use. You shall send USLOTS, LLC notice immediately upon you being aware or suspicious of any unauthorized use of the Website by any person. 9.7 In accordance with and within the privacy and other limitations then set forth in the Website, you authorize USLOTS, LLC full access to any information regarding you, your Account, any information you place on the Website, all cookies and other information, the use of any and all data on the Website. Notwithstanding the above, USLOTS, LLC will not disclose any information regarding any user or the use of any and all data in the Website without your prior permission except to its affiliates, licensors or sponsors, or in accordance with the Website, this UA, or as may be required by law or lawful process. 9.8 You hereby grant USLOTS, LLC and its assigns a non-exclusive, unrestricted, perpetual royalty free license to display, publish, and otherwise use any and all property data and information you, or any person designated by you, place on the Website. 9.9 Should USLOTS, LLC reasonably suspect that any material information supplied is untrue, inaccurate, not current, or incomplete, USLOTS, LLC has the right to suspend or terminate your access to the Website and all data thereon, and may restore access to the Website and any data thereon, in USLOTS, LLC’s sole and absolute discretion, after any and all defaults have been cured to USLOTS, LLC’s satisfaction.
10. Limitations on Use.
10.1 You agree that when using the Website, you shall NOT do any of the following:
  • Copy any portion of the Website, other than property data you have been authorized to access, for any purpose.
  • Copy any portion of the Website for transmission or use, directly or indirectly on any computerized electronic exchange other than the Website, excepting only that portion of data on the Website that you uploaded to the Website through your Account only.
  • Grant access to any portion of your Account to any person other than an individual acting solely on your behalf and for your benefit only.
  • Access, or attempt to access, any other person’s Account or any portion of the Website which was not specifically granted by this UA.
  • Transfer, rent, lease, grant a security interest in, or otherwise encumber in any way any portion of the Website or any of your rights to access or use the Website, whether through this UA or otherwise.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that you know contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
10.2 You acknowledge that all information you may place on the Website are public and not private communications. Further, you acknowledge that all information, pictures, analysis, postings, conferences, and other communications by other users are not endorsed by USLOTS, LLC or its affiliates, and such communications shall not be considered reviewed, screened, or approved by USLOTS, LLC or its affiliates. USLOTS, LLC reserves the right for any reason to remove, without notice, any information received from any user or others, including, without limitation, information, pictures, or analysis as to any one or more properties you or others have posted to the Website. USLOTS, LLC reserves the right to deny in its sole discretion any user access to this Website or any portion thereof without notice.
11. Technical Support. USLOTS, LLC shall provide only online technical support for any difficulties you may have accessing the Website or any of its features. That technical support shall not include any aspect of your computer’s hardware, software, configurations, means of gaining access to the internet, ability to browse the internet, or ability to access any facet or portion of the Website. 12. Limitation of Liability. The Website contains functionalities and services that allow sending, delivering or receiving information between users, which may be relayed or carried through USLOTS, LLC, public, third parties’ or other networks, systems, servers, websites or applications (e.g. telephone and cellular networks, email servers etc.) (“TP Networks”). The TP Networks are not controlled by USLOTS, LLC in any way and USLOTS, LLC shall not be responsible for the performance, availability, functionality, quality or reliability of any of the TP Networks or the information sent, delivered, relayed, carried or received through the TP Networks. Notwithstanding anything herein, USLOTS, LLC does not warrant or guarantee that the information sent, relayed, carried or delivered through these TP Networks will reach its destination or its correct address or recipient or that the details of the recipient or sender are correct or accurate. USLOTS, LLC shall not be liable for, and excused from, any failure to deliver or perform, or for any delay in delivery or performance, due to causes beyond its reasonable control, after exercising its best commercially reasonable efforts to remedy any such failure or delay, including without limitation any government actions, fire, work stoppages, civil disturbances, interruptions of power or communications to USLOTS, LLC or any facilities used by or for USLOTS, LLC, failure of internet, hosting, telecommunications, or other services to USLOTS, LLC or facilities used by or for USLOTS, LLC, natural disasters, acts of God, or acts of terrorism or war. 13. Export Rules. You agree that no portion of the Website, nor any information thereon, will be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this UA. 14. Violations of Terms and Conditions. USLOTS, LLC reserves the right to seek all remedies available at law and in equity for violations of this UA, including but not limited to the right to block access from a particular Internet address to the Website. 15. Governing Law. This UA will be governed by and construed in accordance with the substantive laws in force in the State of Colorado, if you are a citizen of the United States, Canada, or Mexico when first opening an Account. The courts of Delaware shall have exclusive jurisdiction over all disputes relating to this UA. This UA will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 16. Arbitration. Any claim or controversy arising out of or relating to this UA shall be settled exclusively by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. USLOTS, LLC makes not representation that the information in the Website is appropriate or available for use in other locations, and access to the Web Site from territories where the contents of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. 17. Severability. If any part of this UA is found void and unenforceable, it will not affect the validity of the balance of the UA, which shall remain valid and enforceable according to its terms. If any part of this UA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the UA shall continue in effect. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. 18. Modification to These Terms and Conditions of Use. USLOTS, LLC reserves the right to modify the terms, conditions, notices, rules or regulations governing the Website by posting any change on the Website at any time. Modifications will be posted on the Website and users are deemed to be apprised of and bound by any changes to these terms, conditions, notices, rules or regulations. In addition USLOTS, LLC reserves the right to make improvements and/or changes in the Content of the Website at any time it deems such necessary in its sole discretion. 19. General Provisions. No joint venture, partnership, employment, or agency relationship exists between you the user and USLOTS, LLC as a result of this UA or your use of the Website. Furthermore, USLOTS, LLC’s performance under this UA is subject to existing laws and legal process, and nothing contained in this UA is in derogation of USLOTS, LLC’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by USLOTS, LLC with respect to such use.
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