Loren Data Corp.
Hubbub™ and ECGrid®
End User Terms of Service
Effective December 1, 2020
The following agreement governs the use of the products and services, including but not limited to Hubbub and ECGrid, ("Service" or "Services") provided by Loren Data Corp. of 4640 Admiralty Way, Suite 800, Marina del Rey, CA 90292.
Please read these Terms of Use of Service ("Terms of Use") with care as they form a legal contract ("Agreement") between you ("User", "You", "Your") and the Loren Data Corp.("Loren Data", "We", "Us", "Our"). By registering for or using any portion of the Service We provide, You agree to be bound by these Terms.
Changes.
Loren Data may change any of the Terms by posting revised Terms of Use on its Website and/or by sending an email to the User's registered email address. New Terms will be effective immediately and apply to any continued or new use of the Service. Loren Data reserves the right to change its website(s), the Service, or any features of the Service at any time.
User Responsibilities.
In order to use Our Services, You must:
By using Our Services, You represent and warrant that You meet all the requirements listed above, and that You won't use Our Service in a way that is unauthorized or violates any laws or regulations. Loren Data Corp. reserves the right to refuse service, close accounts of any Users, and change eligibility requirements at any time.
API.
Any use or access of our Services via Our API (Application Program Interface) is subject to the Terms of this agreement.
Excessive requests made via Our API or abuse of the API may result in the suspension or Termination of Your account and/or Your account's access to the API. Loren Data, in its sole discretion will determine what constitutes the abuse or excessive usage of Our API.
Loren Data reserves the right to modify or discontinue access to Our API to anyone at any time, for any reason, and without notice.
Data.
Users of Hubbub and/or ECGrid authorize Loren Data to analyze its transaction data for the purposes of improving system performance, developing and designing new products, functions and features, and to offer Users enhanced services or products.
Sharing of any information in governed by Loren Data's Privacy Policy referenced below.
Pricing and Payment.
Pricing for this Agreement will be in accordance with Loren Data's applicable Service price list located at http://www.ld.com/hubbub/ or http://www.ld.com/ecgrid, current at the time of acceptance of these Terms of Use of Service. Loren Data reserves the right to implement pricing changes by posting new prices to the Price List and sending You a notification of the change in an email. The currency for payment is U.S. Dollars (USD).
You agree that You will pay and authorize Us to charge You using Your selected payment method for all applicable fees. Fees are non-refundable except as required by law. You are responsible for providing complete and accurate billing and contact information. Past due fees may result in service charges and/or the suspension or termination of Your account.
Unless otherwise indicated, Our prices do not include any taxes or similar governmental assessments. We will invoice You for all taxes We are legally obligated to collect and You agree to be responsible for paying all Taxes.
Ownership.
Loren Data and its suppliers, affiliates, and licensors retain all rights, title, and interest in and to all intellectual property embodied in or associated with its Services. There are no implied licenses under this Agreement and any rights not expressly granted to You, the User, are reserved by Loren Data.
No Other Warranty.
User understands and acknowledges that Loren Data’s Service is provided "as is", "WITH ALL FAULTS", and "as available".
User acknowledges that computer and telecommunications networks are subject to occasional faults, errors, and periods of downtime may occur. User further acknowledges that Loren Data’s Service relies on interoperability with third party networks over which Loren Data has no control. Loren Data cannot and does not guarantee uninterrupted, secure, or error-free service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOREN DATA MAKES NO REPRESENTATIONS AND EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, THAT THE CONTENT WILL BE SECURE, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
User acknowledges that it has not entered into this agreement in reliance upon any warranty or representation except those specifically set forth herein.
Limitation of Liability.
User understands and agrees that to the extent allowed by law, Loren Data, its subsidiaries, licensors, and affiliates shall not be liable for any direct, indirect, incidental, punitive, consequential, special, or exemplary damages incurred by User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit, any loss of goodwill or reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible losses.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LOREN DATA, ITS SUBSIDIARIES, LICENSORS, AND AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT USER PAID FOR LOREN DATA'S SERVICES.
IN ALL CASES, LOREN DATA AND ITS SUBSIDIARIES, LICENSORS, AND AFFILIATES, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Indemnification.
To the extent permitted by law, You agree to indemnify and hold harmless Loren Data, its subsidiaries, licensors, affiliates, officers, employees, and agents from and against all losses, damages, judgments, liabilities, and expenses which any of the Loren Data indemnitees may suffer arising out of (i) User's breach of any part of this agreement, (ii) User's violation of the rules, requirements, and Terms of Use associated with Loren Data's Services, and (iii) any other misuse by User of Loren Data's Service.
Term and Termination.
This Agreement will remain in effect until Your subscription to the Services has ended or until the Agreement is Terminated.
You may Terminate Your account at any time and for any reason, but You are responsible for terminating Your account either through the interface in Our on-line application or by providing notice to Loren Data at cancel@LD.com.
Unless We are legally required to do so, No refunds or credits for service charges or other fees or payments will be provided to You if You cancel Your account prior to the end of Your subscription Term. If You have any unpaid obligations (minimum commitments, etc.) to Loren Data at the time of Termination, such obligations shall survive the Termination of the Service and shall immediately become due.
We reserve the right to delete all Your data from Our Services upon Termination unless requested in writing at Termination.
Loren Data, at its sole discretion, has the right to suspend or Terminate Your account and refuse any and all current or future Use of the Services for any reason at any time. Upon Termination, all licenses granted hereunder will Terminate. You will no longer be able to access Your account and You will forfeit the right to access any and all content associated with Your account. Loren Data reserves the right to refuse service to anyone for any reason at any time.
Privacy.
In order to operate and provide Our Services, We collect certain information about You. Details about the collection and use of information is described in the privacy policy located at http://LD.com/privacy/. The Privacy Policy shall be treated as part of these Terms.
We retain the right to block or otherwise prevent delivery of any type of file, email, or other communication to or from the Service as part of Our efforts to protect the Service, protect Our customers, or stop You from breaching these Terms. The technology or other means We use may hinder or break Your use of the Service.
Governing Law.
This Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to conflict of laws principles. Both parties submit to personal jurisdiction in California and further agree that any cause of action arising under this Agreement will be brought in a court in Los Angeles County, California.
Disputes.
Before resorting to any formal procedure, You agree to try to resolve any dispute by contacting Us at dispute@LD.com. If a dispute is not resolved within 30 days of contact, more formal proceedings may be initiated.
You agree to resolve any claims relating to this Agreement through final and binding arbitration, except as set forth below. The American Arbitration Association will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Los Angeles County, California.
We reserve the right to bring a lawsuit solely for the purpose of injunctive relief to stop unauthorized Use or abuse of the Services or infringement of Intellectual Property Rights.
You agree that You may only resolve disputes with Loren Data on an individual basis and will not bring a claim in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are forbidden.
Assignment.
You may not assign any of Your rights under these Terms of Use to any other party. Loren Data may assign Our rights to any other individual or entity at Our discretion.
Construction.
All sections of this Terms of Use shall be construed to apply to the maximum extent permitted by law. These Terms of Use will not be construed against the drafting party by operation of law or otherwise for any reason. The failure of Loren Data to exercise or enforce any right under these Terms of Use shall not constitute a waiver of such a right. If any section of these Terms of Use is found to be invalid by a court of law, User and Loren Data will agree to replace the invalid terms with similar terms enforceable by law, but the remainder of the Terms of Use shall remain unchanged and in full force.
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