LIOTA TERMS OF SERVICE AGREEMENT 

 

Updated December 5, 2024

 

Welcome to LIOTA, operated by LIOTA Technologies, Inc. (“LIOTA,” “we” or “our”).

 

By using the website located at https://www.liota.ai, as well as the related mobile website, the LIOTA mobile applications      (the “App”), and the LIOTA Software-as-a-Service (the “SaaS”) and the service provided thereon (collectively, the “Service”), you agree to be bound by these Terms of Service (the “Terms of Service” or “Agreement”), whether or not you register as a Member of the Service. If you wish to become a Member and/or make use of the Service, please read this Agreement. If you object to anything in this Agreement or the LIOTA Privacy Policy located at https://www.liota.ai/privacy-policy, do not use the Service. 

 

You may become a “Member” of the Service, which shall be defined as a person who uses the Service and/or provides information to the Service. 

 

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION AND CLASS ACTION WAIVER CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

1. Electronic Agreement.
These Terms of Service are an electronic contract that sets out the legally binding terms of your use of the Service. These Terms of Service are subject to change by LIOTA at any time, effective upon posting on the Service. By accessing and/or using the Service or becoming a Member, you accept these Terms of Service and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following LIOTA’s posting of revised terms of any section of the Terms of Service will constitute your express and binding acceptance of and consent to the revised Terms of Service.

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2. Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

 

3. Eligibility.
You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

 

The Service is also not available to any users who have been previously removed or suspended from the Service. 

 

By using the Service, you represent and warrant that you have the right, authority and capacity to enter into the Terms of Service and to abide by all of the terms and conditions of the Terms of Service.

 

4. License for Mobile Application

LIOTA grants you, subject to your compliance with these Terms of Service, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Service. You are prohibited from running any version of the App on a jailbroken device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Service. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.

 

5. Commercial Use of Service. 

 

If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

 

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to the Terms of Service;

b. You have read and understand the Terms of Service; and

c. You agree to the Terms of Service on behalf of the Subscribing Entity.

 

Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of LIOTA, which may be revoked at any time, for any reason, in LIOTA’s sole discretion.

 

6. Account Creation and Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify LIOTA of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LIOTA will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your LIOTA account. 

 

In creating and maintaining your account, you agree to provide accurate information to us at all times. In the event that you discover that you have provided inaccurate or misleading information, you agree to immediately correct such information. If you use an alias as your account name, you agree not to use an alias that is vulgar, defamatory, offensive, or that violates any third party’s intellectual property rights or otherwise violates these Terms of Service or the LIOTA Privacy Policy.

 

7. Your Use of the Service

a. You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by LIOTA.

b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Service.

c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.

d. You must not post any content that solicits, or is designed to solicit, money or services from other Members.

e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.

f. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.

g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any Content appearing on the Service.

h. You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.

i. You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in LIOTA’s sole and reasonable discretion;

ii. any nude or sexually suggestive photographs;

iii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

iv. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in LIOTA’s sole and reasonable opinion;

v. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service;

vi. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation; or

vii. impersonates another person or contains photographs, images, or audio of another person without that person’s permission or, if the person is a minor, the minor’s legal guardian.

 

j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

k. You must not rent, sell or lease access to the Service, or any content on the Service.

l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any LIOTA employee. If LIOTA determines that any user has threatened, stalked, harassed, or verbally abused any LIOTA employee or another LIOTA Member, LIOTA reserves the right to immediately terminate that user’s membership and suspend access to the Service. 

n. You must not sell or transfer, or offer to sell or transfer, any LIOTA account to any third party without the prior written approval of LIOTA.

o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by LIOTA; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of LIOTA’s servers, system or network or attempt to breach LIOTA’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking LIOTA’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of LIOTA under these Terms of Service, LIOTA reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

 

You agree to comply with the above conditions, and acknowledge and agree that LIOTA has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

 

8. No Employment or Agency Relationship.

You acknowledge and agree that these Terms of Service, and the Privacy Policy, do not create any employment, agency, partnership, or joint venture relationship between you and LIOTA.

 

9. You Bear Risk of Upload.
LIOTA uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any of your personal data (collectively, “Your Content”). However, LIOTA cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will LIOTA be liable for any copying or usage of Your Content not authorized by LIOTA. You hereby release and forever waive any claims you may have against LIOTA for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY LIOTA HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

LIOTA may, in our sole discretion, remove any content posted on the Service, for any reason or no reason whatsoever. Notwithstanding the foregoing, we are not obligated to monitor content uploaded to the Service and we do not guarantee that we will remove any content that violates these Terms of Service or is illegal or otherwise objectionable. 

 

LIOTA reserves the right, in our sole discretion, to limit the quantity or method of communications that you may send to other Members within a set period of time.

 

Without limiting the foregoing, LIOTA has the right to cooperate fully with any court or law enforcement agency or authority ordering or requesting that we disclose the identity of, or any other information about, anyone posting any materials on or through the Service. YOU AGREE TO WAIVE AND HOLD HARMLESS LIOTA, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES, DURING, IN RESPONSE TO, OR AS A RESULT OF, ITS INVESTIGATIONS, AS WELL AS FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS, WHETHER BY SUCH PARTIES OR BY A COURT OR LAW ENFORCEMENT AGENCY OR AUTHORITY.

 

Notwithstanding the foregoing, LIOTA cannot and does not undertake to review all materials before they are posted on the Service. LIOTA cannot ensure that objectionable material will be promptly removed after it has been posted.

 

LIOTA assumes no liability for any action or inaction taken by us or any of our affiliates, licensees, and/or service providers, regarding content, communications, or transmissions from or by any user or third party. LIOTA has no liability or responsibility to anyone for performance or nonperformance of the aforementioned activities. 

 

10. Membership; Pricing; Charges on Your Account. 

a. General. Please note that the billing policies that are disclosed to you in subscribing to the service are deemed part of the Terms of Service. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Service.

b. Billing. LIOTA bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay LIOTA all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize LIOTA to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. LIOTA reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

d. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. LIOTA may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by LIOTA) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before LIOTA could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method in your account settings on the Service. For your convenience, we take your payment information so that your LIOTA membership will not be interrupted. We auto-renew your membership at the level you selected. Your LIOTA subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). You may cancel in your account settings or by sending us an email at      info@liota.ai. In addition to any subscription fees, you may also be charged an additional setup and training fees, and any other fees disclosed to you in accordance with this Agreement.

e. Refunds. All charges are billed in advance. In the event that you cancel your subscription in accordance with Section 10(d), you will continue to have access through the end of the then-current subscription period, and you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
f. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY LIOTA IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE LIOTA ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT LIOTA MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY LIOTA).
g. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
h. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that LIOTA is authorized to charge your Payment Method. LIOTA may submit those charges for payment and you will be responsible for such charges. This does not waive LIOTA’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

i. Free Trial; Promotion. We may provide a free trial or other promotions (the “Promotion”), which Promotion may provide you access to some or all features afforded to paying members of the Service. In order to avoid being charged a subscription fee for the Service, you must cancel your subscription prior to the termination of the trial period. If you cancel prior to the termination of the trial period yet you are still charged for access to the Service, please contact us at info@liota.ai.

 

11. Modifications to Service, Termination of Service.
LIOTA reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LIOTA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

12. Blocking of IP Addresses.
In order to protect the integrity of the Service, LIOTA reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service. 

 

13. Term.
These Terms of Service will remain in full force and effect while you use the Service. You may terminate your membership at any time by emailing us at info@liota.ai. If you resign or cancel your membership to LIOTA, to help LIOTA analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. 

 

LIOTA may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to LIOTA. All decisions regarding the termination of accounts shall be made in the sole discretion of LIOTA. LIOTA is not required to provide you notice prior to terminating your membership. LIOTA is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, the Terms of Service will remain in effect. All terms that by their nature may survive termination of the Terms of Service shall be deemed to survive such termination.

 

If either you or LIOTA terminates your membership, you may lose Your Content or any other information stored on or in association with your account.

 

14. Geographic Restrictions.
LIOTA does not warrant or guarantee that the Service,  or any of its content, is or will be accessible and/or legally permissible outside of the United States. Access to the Service, or certain parts thereof, may not be legal by certain persons or in certain countries. You acknowledge and agree that if you choose to access the Service from outside the United States, you do so entirely on your own initiative and at your own risk, and that you are solely responsible for compliance with local laws.

 

15. Third Party Content.
LIOTA may provide third party content on the Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. LIOTA does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that LIOTA does not create Third-Party Content, nor does LIOTA update or monitor it. LIOTA is therefore not responsible for any Third-Party Content on the Service. Members use such Third-Party Content at their own risk.

 

The Service may include links or references to other web sites or services solely as a convenience to LIOTA users (collectively, the “Reference Sites”). LIOTA does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

 

16. Intellectual Property.
LIOTA, the LIOTA logos and any other product or service name or slogan contained in the Service are trademarks of LIOTA or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of LIOTA or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that LIOTA may provide you from time to time.

 

LIOTA retains all proprietary rights in the Service, except where otherwise noted. The Service contains the copyrighted material, trademarks, and other proprietary information of LIOTA, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on LIOTA is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of LIOTA and for LIOTA Members' use only. Distribution of content to others is strictly prohibited. You agree that LIOTA would be irreparably harmed by any violation or threatened violation of this section and that, therefore, LIOTA shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

• You may store files that are automatically cached by your Web browser for display enhancement purposes;

• You may print one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication or distribution;

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.  If we provide social media features with certain content, you may take such actions as are enabled by such features.
   

You must not:

• Modify any materials on the Service, or any copies thereof;

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or

• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
   

You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service. 
 

In the event that you print, copy, modify, download or otherwise use or provide any other person or entity with access to any part of the Service in breach of the Terms of Service, your right to use the Service will cease immediately and you must, at LIOTA’s sole option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or Content, or any content thereon, is transferred to you, and all rights not expressly granted are reserved by LIOTA. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

 

We may provide links to third party websites, and some of the content appearing on LIOTA may be supplied by third parties. LIOTA has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of service and/or privacy policies, if any, of the applicable third party content providers.

 

You may not use any metatags or any other hidden text utilizing “LIOTA” or any other name, trademark or product or service name of LIOTA without our prior written permission. In addition, the look and feel of the LIOTA Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of LIOTA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

 

The Service is owned and operated by LIOTA. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, LIOTA’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). 

 

17. Ownership of Your Content.

LIOTA does not claim ownership of Your Content. However, with respect to Your Content, you grant LIOTA a worldwide, royalty-free, irrevocable, and non-exclusive license(s) to use, modify, and share such content in compliance with these Terms of Service and our Privacy Policy. 

 

In the event that you send any unsolicited ideas, suggestions, or feedback to LIOTA (collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-confidential and non-proprietary to you, and you grant to LIOTA a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Feedback for any reason or purpose, without attribution or compensation to you. 

 

18. Repeat Infringer Policy. LIOTA has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by LIOTA to be a “repeat infringer.” A repeat infringer includes, without limitation, a user who has been notified by LIOTA of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. LIOTA may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

In addition, LIOTA accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

 

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.

 

19. Terms for the iOS App

You acknowledge and agree that these Terms of Service are between you and LIOTA only, and that except as otherwise set forth in these Terms of Service, no third party is a party hereto, including without limitation Apple or Google. is not a party to these Terms of Service. LIOTA, not Apple or Google, is responsible for the App and its contents. 

 

You must not use the iOS App except on an Apple-branded product that is running iOS. Any use of the App by you must comply with the relevant terms of service for the Apple Source from which you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge and agree that Apple does not have any obligation to furnish you with maintenance and/or support services with respect to the App.

 

You further acknowledge and agree that no third party (including without limitation Apple or Google) is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).

 

Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be LIOTA’s responsibility, to the extent allowable by these Terms of Service. It is important that you read the entire Terms of Service, as other sections of these Terms of Service limit our liability.

 

Apple and its subsidiaries are third-party beneficiaries of these Terms of Service. By accepting these Terms of Service, you acknowledge and agree that Apple shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Service against you as a third party beneficiary. Apple is the sole third party beneficiary and there are no other third-party beneficiaries of the Terms.

 

20. Limitation of Liability.
In no event shall LIOTA be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or use thereof. Nothing contained in the Service or in any written or oral communications from LIOTA or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

 

The content and functionality on the Service, along with the services provided by employees of the Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. LIOTA makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Service’s content or that the functionality of the Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL LIOTA, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, EVEN IF LIOTA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

 

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL LIOTA HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, OR YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, EMOTIONAL DISTRESS, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF LIOTA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT LIOTA SHALL HAVE NO LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOURSELF AND ANOTHER USER OF THE SERVICE.

 

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of LIOTA and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to LIOTA during the six months prior to notice to LIOTA of the dispute for which the remedy is sought.

 

21. Reliance on Information Posted.
The information presented on or through the Service is made available solely for general information purposes. LIOTA does not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. LIOTA disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

 

This Service may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, content creators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, and all articles and responses to questions and/or other content, other than content provided by LIOTA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of LIOTA, and LIOTA is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

22. Indemnity by You.
You agree to indemnify and hold LIOTA, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

 

a. your use of the Service in violation of these Terms of Service and/or arising from a breach of these Terms of Service including without limitation your representations and warranties set forth above; or

b. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of LIOTA.

 

23. Attorney Fees.
In the event that LIOTA is successful in whole or in part in any action or proceeding related to or arising from these Terms of Service, you shall be responsible for LIOTA’s attorneys' fees and costs.

 

24. Parental or Guardian Permission.
Some of the content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE LIOTA THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

 

25. Communications from LIOTA.
LIOTA may, at its sole discretion, provide you with notices, including without limitation notices regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including without limitation by email, regular mail, SMS, MMS, text message or postings on the Service. By using or accessing the Service, you expressly consent to receive such communications. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You acknowledge and agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized  manner. 

 

26. Jurisdiction and Choice of Law; Dispute Resolution.
If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.

 

27. Arbitration Provision/No Class Action.
Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Service or these Terms shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

 

28. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service.

 

29. Availability Outside the U.S.
If you access LIOTA from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement the LIOTA Privacy Policy.

 

30. Amendment.
LIOTA may make changes to these Terms at any time. Any revised terms will be effective upon posting on the Service; your use of the Service after these updated Terms have been posted will constitute your express acceptance of the revised Terms. If you are a subscribing (e.g., paying) Member at the time of any such amendment, the then-existing Terms of Service will continue to govern your membership until your subscription renews in accordance with Section 11. If you continue your subscription, this renewal will constitute your express acceptance of, and consent to, the revise Terms of Service. If you instead elect to terminate your subscription, any use of the Service by you following such termination will constitute your express acceptance of the Terms of Service. 

 

31. Entire Agreement.
These Terms of Service, along with the LIOTA Privacy Policy, contains the entire agreement between you and LIOTA regarding the use of the Service.

 

32. Severability; Waiver.
If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. In addition, LIOTA’s failure to enforce any term of these Terms of Service shall not be deemed as a waiver of such term or otherwise affect LIOTA’s ability to enforce such term at any point in the future.

 

33. Headings.
The section headings contained in these Terms of Service are for reference purposes only and shall not in any way affect the meaning or interpretation of these Terms of Service.

 

Please contact us with any questions regarding this agreement. LIOTA is a trademark of LIOTA Technologies, Inc.

 

LIOTA reserves all rights not expressly granted in these Terms of Service.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.