THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT
1. AUTHORIZED USERS
License to Use the Site and Services
LI Script grants you a limited, personal, non-exclusive, non-transferable and revocable right to use the Site, the Services, and the features that we expressly made available to you. You may only use the Site and Services in connection with the purposes for which we provide them to you. You agree that all features of the Site or Services may not work well or at all on any particular device or computer, and we will have no liability to you for any errors or access failures. Use for any other purposes is strictly prohibited. You may have access to the Site outside the United States, but LI Script will not be responsible in any way if your account or private information is hacked, intercepted or otherwise compromised.
It shall be deemed a violation of this license and these Terms to engage in fraudulent or misleading activity while using the Site or Services (for example, by using false names, multiple identities, multiple email accounts or addresses, impersonating another person, or otherwise providing false or misleading information), especially if the activity violates applicable laws or is harmful to LI Script’s interests.
You may only use the Site and Services if you are at least 18 years of age. If you are not at least 18 years of age, we may delete your account and orders, suspend your use of the Site, and take any other action available to us. The Site and Services are not intended for children and do not contain any content created for children. You agree to never send us the personal information of any child under 13 years of age, and you shall indemnify and defend us (including reimbursing our attorney’s fees) if we incur any risk or liability if you violate this promise.
LI Script may change the functionality of the Site in any way and at any time, including adding and removing features, changing the look and feel, changing the underlying platform, or making any other modifications (including ceasing to provide the Site altogether, see below). You acknowledge that all features of the Site may not work to the degree of your full satisfaction or at all on any particular device or computer, and we will have no liability to you for any errors or access failures.
Who May Use the Site
These Terms permit you to use the Site for lawful purposes. You must not use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content to interrupt or attempt to interrupt the operation of the Service in any way. 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 Site, except as follows: (1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (2) You may store files that are automatically cached by your web browser for display enhancement purposes, and (3) You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (1) Modify copies of any materials from the Site, (2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Further, we have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
LI SCRIPT SHALL NOT BE LIABLE TO YOU OR ANYONE FOR HARM; LOSS; THEFT (INCLUDING IDENTITY THEFT); REPUTATIONAL DAMAGE OR EMBARRASSMENT; UNAUTHORIZED USE, MODIFICATION OR DELETION OF YOUR INFORMATION OR DATA; OR ANY OTHER ADVERSE CONSEQUENCES YOU MAY SUFFER AS A RESULT OF YOUR FAILURE TO PROPERLY SELECT AND SECURE YOUR LOGIN INFORMATION (INCLUDING IF APPLICABLE PASSWORD) OR TO LOG OUT OF YOUR ACCOUNT ON PUBLIC OR SHARED DEVICES.
You may not do any of the following: (1) attempt to rent, lease, lend, sell, redistribute, sublicense, or grant rights in the Site, all of which are prohibited and shall be null and void; (2) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof; (3) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (4) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site; (5) use the Site to institute, assist, or become involved in any type of attack, including denial of service or other cyberattacks, upon any party; (6) commit trespass or act in a manner that intentionally burdens network capacity; (7) use the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (8) engage in “scraping” or otherwise copying to another location all or part of proprietary information and data provided through the Site, other than your own personal, plan or medical information; (9) intercept or bypass any secure communications protocol; (10) provide us sensor data (such as microphone, camera, biosensor or other data) that you are not authorized to provide, including data of or about other individuals without their express consent; (11) use the Site in connection with any hazardous or safety-critical applications, including crisis systems, medical or life support systems, or any emergency response services such as police, fire, emergency medical or other systems; (12) impersonate any other person or entity when using the Site; (13) create any apps, extensions or other products or services that use our content without our permission; (14) use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (15) sell or otherwise transfer your account; or (16) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Any attempt to do any of the foregoing is a breach of these Terms and may subject you to legal liability, including contract breach, intellectual property infringement, bodily injury claims, or wrongful death suits.
The Site does not direct any content to minors or children. LI Script does not intend to collect personal information from children, and therefore we are not subject to the Children’s Online Privacy Protection Act. You shall be solely responsible for any use of the Site by a minor, including the minor’s online conduct, monitoring the minor’s access and use of the Site, and all consequences of such use, including if such use violates these Terms.
2. UPPLEMENTS & AMENDMENTS
Certain pages or areas of the Site may be subject to supplemental terms and conditions linked or posted on those pages or areas, and those supplemental terms are hereby expressly incorporated herein by reference. We additionally reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. Changes will be indicated by an updated “Lasted updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to check the applicable Terms every time you use the Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
The Site is intended to provide you with pricing information for various medical services based on the information you provide LI Script through the Site. LI Script works with medical providers who are already in possession of your health information to generate quotes for the healthcare provider’s provision of services. LI Script does not facilitate transactions between you and any of LI Script’s medical providers. While LI Script endeavors to make every effort to maintain accurate pricing and information, errors are inevitable and we cannot guarantee or warrant perfect accuracy of all information at all times. It is your responsibility to contact us to correct any inaccuracies that you come across in your information as viewed using the Site. We will work with you to correct verified inaccuracies.
No Medical Advice; Not a Medical App
The Site does not provide any medical advice or any medical services to you or anyone. Any patient treatment to any Site user is wholly separate from the Site. If you require health services, then please contact your normal health care provider directly for professional evaluation and care. The Site is not a medical app, medical service, or medical device. You acknowledge and agree that the Site is NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body. You agree that LI Script has no responsibility for patient care, and that you are solely responsible for medical decision-making and patient care to your patients. LI Script is solely providing the Site as a communication tool for your use and is not providing medical care in any way. You further agree that your clinical judgments are based on your own medical expertise and shall not be determined in any way by the Site or any content contained therein. ALL INFORMATION AVAILABLE FROM THE SITE ON MEDICAL OR HEALTH TOPICS IS PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND FOR CONVENIENCE ONLY. You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from your selected physician or another member of your care team.
While we hope that the information provided to you through the Site is accurate, we cannot guarantee that there will be no typographical errors, delays, deletions, alterations, or inaccuracies in the information. If you believe any information associated with your account is inaccurate, please contact us so that we may correct the information.
General Health Advice
Any health advice published on the Site is provided solely for informational purposes as a public service to promote health. It is not meant to provide medical advice tailored to you in any way. It does not constitute medical advice and is not a substitute for proper medical care provided by a physician. LI Script assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on the Site. Always consult with your doctor for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this site as a tool for self-diagnosis. LI Script does not advertise, market or promote products or services to individuals who participate in its wellness, health promotion and chronic condition management programs.
Not a Patient Portal
The Site is not a patient portal, even if it contains certain information similar to that which might appear in an electronic medical record (“EMR”). All information that appears on the Site is informational only, and the Site is not intended or designed to be a designated record set or to provide accurate or reliable access to any medical record. You shall not use the Site as a substitute for an EMR or for any treatment purposes. You agree that LI Script shall have no responsibility to make all or any portion of any medical record available through the Site, and you stipulate and agree that it may be technically or otherwise infeasible for LI Script to comply with any such request for a medical record through the Site, which was not designed to hold medical records or EMR data. You acknowledge that information provided through the Site may be materially incomplete and inadequate for your purposes. You agree to contact your provider directly for any medical record access requests, including without limitation for any official purposes or for treatment.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. In the event we update our offerings at any time, we may change or discontinue the Site or services offered at any time, without liability or notice, in our sole discretion. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
4. PERSONAL INFORMATION
We will maintain certain data that you transmit to the Site solely for the purpose of providing the Site and managing its performance, as well as data relating to your use of the Site. However, we are not maintaining any data on your behalf or on behalf of anyone else, and we have no obligation whatsoever to maintain, retain, safeguard, back up, or provide back to you a copy of any data that you provide. Although we perform regular routine backups of data, you are solely responsible to maintain your own independent copy of all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss, corruption, deletion, revisions, or other modification of such data.
You acknowledge that the Site requires transmitting information over the internet and that LI Script cannot guarantee the privacy or security of any internet data transmissions. You therefore consent to all such internet transmissions and acknowledge that transmitted information may be intercepted or read by third parties, and that LI Script shall have no responsibility for any such interception.
Technical Device Information
You acknowledge and agree that LI Script may collect, monitor, record and audit technical and usage data and statistics relating to your use of the Site and your web sessions. We may also collect anonymized or aggregate data about your use of the Site, which may include your IP address or certain information about the device you use to access the Site. We use this to improve performance of the Site, optimizing our information systems, and for any other legitimate purposes.
5. THIRD PARTIES
Information Transfer to Third Parties
Third Party Content, Services and Materials
The Site may (1) enable access to services, web sites or platforms (including social media platforms) provided or administered by third parties, and (2) display, include or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). Third Party Materials and links to other web sites are provided solely as a convenience to you. By using the Site, you acknowledge and agree that LI Script is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, language availability, appropriateness, availability or any other aspect of such Third Party Materials. LI Script does not review, control or endorse any Third Party Materials, and LI Script is not responsible for objectionable, offensive, or indecent content therein. You are responsible for complying with applicable laws and website and online policies for all sites or platforms when you view or use the Site and any Third Party Materials, and also when you use sharing features of the Site to post or share certain content or links on third party platforms. LI SCRIPT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD PARTY MATERIALS. WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY MATERIALS.
If you decide to leave the Site and access, use, or install Third-Party Materials, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make or services you contract for made through Third-Party Materials will be through other websites and from other companies, and LI Script takes no responsibility whatsoever in relation to such purchases or services which are exclusively between you and the applicable third party. You agree and acknowledge that LI Script does not endorse the products or services offered on Third-Party Materials and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Materials.
6. SUSPENSION; TERMINATION
LI Script provides the Site solely for your convenience and solely in our discretion. LI Script reserves the right to change, suspend, remove, disable or terminate access to the Site at any time without notice, for any or no reason, and with no liability or responsibility to you. LI Script may also impose limits on the use of or access to the Site, in any case and without notice or liability. These Terms and your license to use the Site are effective until terminated by you or LI Script. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Site. If you fail to comply at all times with these Terms, LI Script may terminate your license without any notice from LI Script, and your continued use after termination may expose you to legal liability, and LI Script may pursue its rights to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion.
If we terminate or suspend your account for any reason, your license to access and use the Site will automatically terminate. Upon termination or suspension, you are prohibited from using the Site and from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Any continued use after termination may expose you to legal liability and damages. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress or the pursuit of money damages at our sole discretion.
7. LIMITED LIABILITY
No Responsibility for the Internet
Use of the Site requires an internet connection. You are solely responsible for establishing, providing, maintaining and troubleshooting your own secure internet connection. LI Script shall have no responsibility for errors, delays, or inability to use the Site caused by internet outages or any events or infrastructure outside of our control. Further, use of the internet to exchange sensitive information including health plan or medical information always involves inherent risk of interception by third parties. You assume all such risk, and you agree that LI Script shall not be responsible for any interception of data that you transmit or share over the internet. You are solely responsible for the security of your account information when using the internet, including without limitation using continuous vigilance to guard against phishing attempts, spoofed internet access points, fake wi-fi networks, honeypot hotspots, and any other method used by nefarious actors to gain unauthorized access to your account, information or activities.
SITE PROVIDED “AS IS”, ALL WARRANTIES DISCLAIMED
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS COMPLETELY VOLUNTARY AND AT YOUR SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. LI SCRIPT MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, UPTIME, TIMELINESS, ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, ACCURACY OF GEOLOCATION DATA OR DRIVING DIRECTIONS, NETWORK CONNECTIVITY , COMPATIBILITY WITH YOUR DEVICE(S), UNINTERRUPTED OR ERROR-FREE PERFORMANCE, TIMELY TRANSMISSION OF INFORMATION OVER THE INTERNET, THAT FUNCTIONALITY OR FEATURES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR ABSENCE OF HARMFUL OR MALICIOUS VIRUSES, WORMS OR OTHER DESTRUCTIVE CODE. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL LI SCRIPT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, STAFF, VOLUNTEERS, AGENTS, SUPPLIERS OR CONTRACTORS (“LI SCRIPT PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ECONOMIC LOSSES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, PERSONAL INJURY, WRONGFUL DEATH OR OTHERWISE) AND EVEN IF LI SCRIPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. YOUR DAMAGES HEREUNDER SHALL BE ZERO DOLLARS ($0.00), EXCEPT IN JURISDICTIONS WHERE ALL LIABILITY CANNOT BE DISCLAIMED, IN WHICH CASE YOUR TOTAL DIRECT AND INDIRECT DAMAGES SHALL BE CAPPED AT AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00). The foregoing limitation and exclusion of liability shall be as broad and inclusive as is permitted by local law, if applicable. All other terms shall remain in full force and effect.
You agree to indemnify, defend and hold harmless the LI Script Parties from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from your use of the Site and Service and any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from that disruption. LI Script reserves the right, at your expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with LI Script in the defense of such matter.
8. RESOLVING DISPUTES
If a dispute should arise between you and LI Script, we want to provide you with a resolution that is efficient and cost effective. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing firstname.lastname@example.org or by calling 631-470-9899.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND LI SCRIPT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and LI Script agree to resolve any claims relating to this Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate LI Script’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances LI Script may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the LI Script website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or (212) 751-2700. To initiate arbitration, you or LI Script must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, 620 8th Ave Fl 34, New York, NY 10018.
(3) Send one copy of the Demand for Arbitration to LI Script.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and LI Script will pay all other administrative costs and fees. In addition, for claims of less than $1,000, LI Script will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in New York County, New York, or any other location we mutually agree to, subject to New York law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and LI Script, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and LI Script.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and LI Script in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LI SCRIPT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing LI Script at email@example.com and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by signing up for the Terms.
Jurisdiction and Applicable Law
The laws of the State of New York govern these Terms and your use of the site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms, regardless of the physical location from which you access the Site or Services. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, then you may not use the Site. You are responsible for your own compliance with all laws that apply to you.
9. INTELLECTUAL PROPERTY
LI Script retains and reserves all rights to its domain names, trade names, trademarks and logos, copyrights and all other intellectual property. All Site content, including information, text, content, images, videos, data, look and feel, and color scheme, are the protected intellectual property of LI Script and are provided on the Site “AS IS” for your information and personal use only. You may not use such content except to access and use the Site in accordance with these Terms. No portion of the Site may be reproduced in any form or by any means, except that you may use sharing features available from within the Site (but only to the extent facilitated by such sharing feature). We do not grant you any other rights to such material.
User Provided Content; Feedback
The Site may provide you with an opportunity to submit text or ideas, including question submissions, cover letters, resumes, feedback about the Site, customer service interactions, and any other text, images, ideas or other content and material that you provide (“User Feedback”). You hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, unlimited, fully paid up, royalty-free, transferable, assignable and sublicensable right and license to use and exploit the User Feedback in any manner, in any medium now or hereafter discovered, and for any and all commercial or non-commercial purposes, including modifying and preparing derivative works thereof which LI Script shall exclusively own. LI Script may use the User Feedback without any duty to provide notice to, obtain the consent of, account to or otherwise be subject to any obligation or duty to you. You irrevocably and forever release and discharge LI Script and its employees and agents from any and all claims relating to our use of the User Feedback, including any and all attribution or other rights known as “moral rights”.
DMCA Copyright Notices
LI Script respects the intellectual property of others. As part of that commitment, we follow the procedures set forth in the DMCA (Digital Millennium Copyright Act) regarding handling of infringing material on the Site. Our DMCA Designated Agent may be contacted by Mail – 333 Crossways Park Drive, Woodbury, NY 11797 or by E-mail – Compliance@liscript.com.
Takedown Notice: If you believe your work has been reproduced on the Site in a way that constitutes copyright infringement, you may notify the above Designated Agent. Provide the following information for your notice to be valid:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at the site;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
If you believe that a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the same Designated Agent above. A valid counter-notification includes the following elements:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is located outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
We may require receipt of your signed statement before we initiate any investigation. This section is not legal advice and we recommend that you seek independent legal counsel before filing a notification or a counter-notification. For further information about the DMCA, please visit the Copyright Office website at http://www.copyright.gov.
Neither these Terms nor the license granted herein creates any agency relationship between you and LI Script or any of its affiliates. You shall not take any action or make any statement that suggests, tends to indicate, or purports to be taken under agency from LI Script. You shall not conduct yourself with third parties in any way that misrepresents or exceeds your actual status or authority with or on behalf of LI Script (which may be none), whether you are a covered entity, business associate, independent contractor, practitioner with admitting privileges, or otherwise. You shall also ensure that anyone acting on your behalf or under your direction or control, including without limitation your employees and professional staff, abide by these restrictions, and you shall be responsible with all conduct of such personnel.
LI Script may freely assign these Terms to any of its affiliates or any other party, and any such assignment shall have no impact on your continued obligations hereunder. You may not assign or delegate any of your rights, duties or obligations under these Terms, and any attempt to do so shall be null and void.
Injunctive and Other Remedies
You acknowledge that any violation of these Terms could result in irreparable harm to LI Script, the damages for which are incalculable. You agree that in the case of such a breach, LI Script shall have every remedy available at law, including immediate injunctive relief.
You may not use or otherwise export or re-export the Site except as authorized by United States law and the laws of the jurisdiction in which the Site was obtained. In particular, but without limitation, the Site may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Site, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Site for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
No waiver by LI Script of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LI Script to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in effect.
If you have questions or requests regarding these Terms, you may direct them to us by writing to firstname.lastname@example.org or calling our corporate office at 631-321-3850. These Terms may not be copied, modified or adapted without our prior written consent.
TERMS LAST UPDATED: June 21, 2023.