Terms & Privacy
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND LEX HADE & CO, LLC (“WE”, “LH&CO”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.LEXHADEANDCO.COM WEBSITE (THE “SITE”) AND THE RELATED LH&CO RETAIL X AND RETAIL STORES (“RETAIL”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, RETAIL STORES, FEATURES, GIFT CARDS, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE (COLLECTIVELY, THE “SERVICES”), AND YOUR PURCHASE OF PRODUCTS AND GOODS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM LH&CO OR ANY OF ITS SUBSIDIARIES.
By shopping online or at a Retail Store, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless lh&co if your child breaches or disaffirms any term or condition of this Agreement.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. Changes to Services
a. lh&co may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
2. Personal Information/Privacy
a. Personal Information: Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Services (both as defined below in Sections 3a and 4a). lh&co reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that lh&co uses a third-party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).
b. Privacy: By using any Services and/or purchasing any of our products at Retail or any other venue you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information. Irrespective of which country you reside in or supply information from, you authorize lh&co to use your information in the United States and any other country where lh&co operates as described herein. If you have any questions regarding our privacy practices, please email us at lex@lexhadeandco.com
3. User License
a. PSubject to your compliance with this Agreement, lh&co hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non- exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (i) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of lh&co or its third party service providers, by hacking, password “mining”, or any other illegal means; (ii) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (iii) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (iv) track or seek to trace any information on any other person who visits the Site, or uses our Services; (v) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (vi) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Services, or Content.
4. Terms of Sale
a. Sales of Products and Goods to End Users Only: lh&co sells original oil paintings and fine art prints (“Products”) customers who purchase Products (“Goods”) only for their own personal, non-commercial use. You may not purchase Products or Goods for further distribution or resale or for any other commercial or business purpose.
b. Pricing: Pricing for Products and Goods (including any applicable shipping and handling fees) can be found on lh&co’s then-current pricing page located on the Site. The price that we will charge you for the Products and Goods will be the price as posted on the Site or in Retail on the date you successfully placed and order on the Site. lh&co reserves the right to change prices for Products and Goods at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
c. All Original Painting Sales are Final. See Shipping & Returns.
d. Payment Methods: lh&co accepts various Payment Methods. You agree to pay all fees charged to your account based on lh&co’s fees, charges, and billing terms in effect as shown on the payment page when you check out from the site with the Products you wish to purchase. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Goods based on the address that you provide as the shipping address when you purchase a product from lh&co, and you authorize lh&co or the third-party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, lh&co reserves the right to cancel your order, redirect or request abandonment of the delivery of the Product and terminate these Terms of Service. All sales and payments will be in US dollars. lh&co and lh&co's third-party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to lh&co and lh&co's third-party payment service provider at the election of your credit card and payment method issuer. Neither lh&co nor lh&co's third-party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
e. Shipping and Product Acceptance: The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a suitable third- party carrier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
5. Use of Site and Other Services
a. Prohibited Uses: Users are prohibited from using the Site or Services in any way that:
i. Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); is unlawful, fraudulent, or deceptive;
ii. Uses technology or other means to access unauthorized content or non-public spaces;
iii. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non- public data;
iv. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
v. Attempts to damage, disable, overburden, or impair lh&co servers or networks;
vi. Attempts to gain unauthorized access to a lh&co computer network; Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
vii. Violates these Terms in any manner; or
Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
vii. lh&co reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or other Services, that lh&co reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
b. User-Generated Content: The User may generate content, written or otherwise, while using the Services (“User-Generated Content”) or lh&co’s social media pages and accounts. User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by lh&co (for example, in product marketing campaigns). User grants lh&co and its successors a worldwide; irrevocable; transferable; sub-licensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
c. Indemnification: User agrees to indemnify and hold harmless lh&co, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the " lh&co Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the Services or Products, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. lh&co reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. This provision does not require you to indemnify any lh&co Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.
d. No Warranties: THE SITE, OTHER SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. LH&CO, ON BEHALF OF ITSELF AND THE OTHER LH&CO PARTIES: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE , CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR SERVICES WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, SERVICES OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND LH&CO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LH&CO OR ANY PERSON ON BEHALF OF LH&CO SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE LH&CO PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
e. No Liability: IN NO EVENT SHALL THE LH&CO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OF THE SITE, OTHER SERVICES OR CONTENT, THE INABILITY TO USE THE SITE OR OTHER SERVICES OR CONTENT, OR DEVICE FAILURE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR LOST PROFITS, EVEN IF A LH&CO PARTY HAS BEEN’ ADVISED OF THE POSSIBILITY OF SUCH ECONOMIC DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, A LH&CO PARTY IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE OR OTHER SERVICES, THE RELEVANT LH&CO PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID LH&CO FOR THE PRODUCTS OR GOODS, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100). THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE SITE, OTHER SERVICES OR CONTENT AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD. THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE LIMITATION ON RECOVERY OF ECONOMIC DAMAGE OR LASS, SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.
f. Intellectual Property: lh&co, the lh&co logo, and other lh&co trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of LH&CO or other companies of lh&co (collectively “lh&co Marks”). Other trademarks, service marks, graphics and logos used in connection with Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The lh&co Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of lh&co or the applicable trademark holder. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by lh&co or the owner of the Content.
g. Severability: If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of lh&co to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
h. Modification of this Agreement: Subject to Section 10a(ix) of this Agreement, lh&co reserves the right to change or modify this Agreement or any other lh&co terms, conditions, or policies related to use of Services at any time and at its sole discretion by posting revisions on the Site (http://www.lexhadeandco.com. Continued use of the Site or other Services following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of lh&co shall have any legal effect as a waiver by lh&co of any Terms of this Agreement.
i. Third-Party Beneficiary: User agrees that lh&co’s service providers, licensors, or others involved in creating or providing the Services are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End- User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
6. Proprietary Rights
a. You hereby acknowledge and agree that lh&co or its licensors own all legal right, title and interest in and to the Service and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
7. Commissions
a. lh&co will make commissions, but lh&co reserves the right to decide whether to accept commission requests. To best accommodate every client, commissioned work is booked 3-6 months in advance. A non-refundable 50% deposit is required to book studio time.
8. Third Party Sites
a. The Site may provide links to third party Sites that are not owned or controlled by lh&co, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. lh&co does not review, approve, endorse, or make any representations about such Third-Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third-Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third-Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third-Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third-Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.
9. Notice and Procedure for Claims of Copyright Information
a. If you believe that any Content, User Material, or other material contained on this Site, including through a link, infringes your copyright, you should notify lh&co of your infringement claim in accordance with the procedures below. We will process each notice of alleged infringement that lh&co receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to lh&co’s copyright agent at lex@lexhadeandco.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Lex Hade & Co
PO Box 6025
Columbus, OH 43206
To be effective, the notification must be in writing and contain the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located that is reasonably sufficient to enable lh&co to identify and locate the material; (iv) how lh&co can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to lex@lexhadeandco.com for purposes other than communication about copyright infringement may not be answered. lh&co has a policy of terminating repeat infringers in appropriate circumstances.
10. Dispute and Arbitration; Class Action Waiver; Choice of Law
a. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with lh&co and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
i. Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at lex@lexhadeandco.com or lh&co, Attn: Lex Hade, PO Box 6025, Columbus, OH 43206. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 10 govern dispute resolution between us.
ii. Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by lh&co that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and lh&co, and to any of lh&co's licensors, suppliers, dealers or third-party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800- 778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
iii. Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and lh&co, 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 lh&co.
iv. 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 under this Arbitration Agreement. 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 lh&co in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND lh&co WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
v. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
vi. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: lh&co, Attn: Legal Department, PO Box 6025, Columbus, OH 43206, 30 days of purchasing any Product or Good. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
vii. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
viii. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with lh&co.
ix. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if lh&co makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the lh&co
x. Small Claims Court. Notwithstanding this Section 10, either you or lh&co may bring an individual action in small claims court.
xi. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (except for actions brought in small claims court), the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.
b. Choice of Law: This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
11. Electronic Communications; General Terms
a. Electronic Communications: Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by text (if you send a SMS or text message to lh&co), by posting notices on our Site or by such other means as we may determine from time-to- time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
b. General Terms: lh&co may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site or other Services including any account thereon, without notice, for any reason in lh&co’s sole discretion, including without limitation breach of this Agreement, lh&co’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to lh&co or another user of the Services. This Agreement and the Privacy Policy constitute the entire agreement between you and lh&co regarding its subject matter. lh&co will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of lh&co to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Subject to Section 10a(v), if any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified lh&co Party shall be a third-party beneficiary hereunder. lh&co may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, lh&co’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, other Services, Content, Products or Goods shall survive such termination.