User Agreement

IMPORTANT: ALL USERS MUST READ THESE TERMS AND CONDITIONS BEFORE USING THE LUXURYBOYTOYS.COM WEBSITE. THIS IS YOUR END-USER AGREEMENT. YOU AGREE TO THESE TERMS AND CONDITIONS AS A CONDITION OF ACCESSING AND/OR USING THE LUXURYBOYTOYS.COM WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE AND/OR ACCESS THE LUXURYBOYTOYS.COM WEBSITE.

Introduction

LUXURYBOYTOYS.COM (the “Site”) is an online venue for, among other things, the following:

  • (a) Bringing together, and facilitating communication and transactions between, buyers, sellers, traders, swappers and exchangers of luxury goods, products and services (the “Transaction Services”). The Site enables individuals and/or entities interested in selling, trading, auctioning, swapping or exchanging luxury goods, products and services, as well as their respective agents, brokers, dealers or representatives (hereinafter, “Sellers”), to interface with potential buyers/traders/swappers/exchangers by offering significant amounts of detail and information about the luxury goods, products and services to Users (as such terms are defined below). In return, Users can initiate dialogue with the Sellers and proceed towards consummating the transaction(s) discreetly. Transactions facilitated by the Site include, without limitation, conventional purchase/sale transactions, online bids/auctions and online trading/swapping/exchanging.
  • (b) Serving as a social networking forum that allows Members (as such term is defined below) to create unique personal profiles online in order to find and communicate with other Members (the “Social Networking Services”).
  • (c) Assisting Users with various services including, without limitation, moving and shipping arrangements, hotel/transportation arrangements, location of suitable Service Providers (as such term is defined below), etc. (the “Concierge Services”).

The Transaction Services, Social Networking Services and Concierge Services are collectively referred to herein as the “Online Services”.

1. ACCEPTANCE OF TERMS AND CONDITIONS

A “User” of the Site is hereby defined as anyone with access to the Site, including but not limited to: (a) any party who accesses or uses the Site (including, without limitation, Sellers and Service Providers, notwithstanding the fact that such parties are specifically referred to herein at times as “Sellers” and “Service Providers”), (b) any visitor to the Site and/or (c) a party that pays a membership fee to LBT (as such term is defined below) in order to be a member of Site, and thereby granted certain privileges reserved only to members of the Site ("Member"). For all intents and purposes hereof, you are considered to be a “User” under this Agreement, independent of whether or not: (i) you conduct business with other Users, Sellers and/or any third party vendors, merchants, service providers and/or professionals identified by LBT via the Site or otherwise (said third party vendors, merchants, service providers and professionals are hereinafter referred to as, “Service Providers”), (ii) you engage in the Transaction Services, (iii) you engage in the Social Networking Services, (iv) you utilize any of the Concierge Services or (v) you become a Member.

If you do not wish to agree to these outlined terms and conditions (the "Terms and Conditions" or "Agreement") that Luxury List It, Inc., a Texas corporation (“LBT” or “we” or “us”) has provided, you must stop using the Site immediately. These Terms and Conditions constitute the entire agreement and user agreement between you and LBT. In addition, LBT also has a Security Policy, Privacy Policy, Cancellation Policy and Frequently Asked Question file (which is incorporated herein by reference).

LBT reserves the right to make any changes to our Terms and Conditions and/or our other Policies as we deem necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms and Conditions from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and/or other Policies and you continue to use our Site, you are impliedly agreeing to the Terms and Conditions expressed herein and our Policies.

2. USE OF THE SITE

As a User of this Site, you acknowledge and agree as follows:

TRANSACTION SERVICES

The Site is an online venue that facilitates the purchase, sale, auction, trade, swap, exchange of luxury goods, products and services. In connection therewith, the Site enables communication between Users, Service Providers and Sellers. In consideration of the Transaction Services facilitated or performed by LBT, you acknowledge that LBT may receive compensation (or may require compensation) from you and/or third parties (the form of such compensation to include, without limitation, listing fees, trading fees, internet transaction fees, administrative fees, referral fees, service fees, surcharges, mark-ups, etc.), and you hereby consent to such compensation being paid to LBT if you engage in the Transaction Services (regardless as to whether it is a stated amount or a percentage of the sales price/services fee/transaction cost, regardless as to whether it is actually disclosed to you (in the event LBT’s compensation is included in the overall fee you have agreed to pay in the form of a surcharge, service fee, referral fee, mark-up or otherwise), and regardless as to whether you are paying LBT a separate fee for any of the Transaction Services). LBT reserves the right to alter its compensation requirements from time to time. However, Users expressly understand and agree that the LBT Parties (as such term is defined below) do not sell, auction, trade and/or exchange products, goods or services on the Site and are not Service Providers on the Site. Furthermore, it is expressly understood and agreed that LBT is not a broker or auctioneer in the performance of the Transaction Services nor an agent and/or representative of any person or entity engaged in any the Transaction Services, including, without limitation, you. Accordingly, all transactions are direct transactions between Users, Service Providers and/or Sellers, notwithstanding any LBT Parties’ involvement in or facilitation of such transaction; LBT and the Site only facilitate the transactions. It is expressly understood and agreed that no Users, Sellers or Service Providers are recommended or endorsed by LBT.

SOCIAL NETWORKING SERVICES

The Site is an online venue that allows Members to communicate and interact with other Members. A Membership (herein so called) is required, and there may be multiple levels of Membership (which, in turn, provide varying levels of social networking capabilities). Accordingly, all Members are Users, but not all Users are Members. You acknowledge that: (a) LBT reserves the right to charge for Memberships (including varying fees for different levels of Membership) and to change its fees from time to time in its discretion, (b) you may have to meet certain conditions established by LBT from time to time before you can become a Member and/or before you can ascend to the next level of Membership and (c) you may lose your current level of Membership if you fail to satisfy standards established by LBT from time to time. You may terminate your Membership at any time, for any reason. Likewise, LBT may terminate your Membership (or reduce your level of Membership) at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. If LBT terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of Membership fees. You are solely responsible for your interactions with other Members (including settling any disputes). LBT reserves the right, but has no obligation, to monitor communications and/or disputes between you and other Members.

CONCIERGE SERVICES

Users may request LBT to perform certain Concierge Services. However, LBT is under no obligation to accept the request, and LBT’s acceptance of the request may be subject to the payment of compensation to LBT by you and/or third parties for the Concierge Services to be rendered (the form of such compensation to include, without limitation, internet transaction fees, administrative fees, referral fees, service fees, surcharges, mark-ups, etc.), and you hereby consent to such compensation being paid to LBT (regardless as to whether it is a stated amount or a percentage of the sales price/services fee/transaction cost, regardless as to whether it is actually disclosed to you (in the event LBT’s compensation is included in the overall fee you have agreed to pay in the form of a surcharge, service fee, referral fee, mark-up or otherwise), and regardless as to whether you are paying LBT a separate fee for any of the Concierge Services). LBT reserves the right to alter its compensation requirements from time to time. If LBT accepts the request, LBT:

  • (a) shall not be considered or construed as an agent or representative of you (rather, LBT shall serve solely as a facilitating intermediary) and
  • (b) may cancel its obligation to perform or facilitate the Concierge Services at any time, with or without cause. Furthermore, none of the LBT Parties (as such term is defined below) shall be responsible for, and expressly disclaim any, liability whatsoever for any claims and/or controversies that may arise with respect to LBT’s:
    • (i) rejection of the offer to perform the Concierge Services,
    • (ii) termination of its obligations to perform or facilitate the Concierge Services and/or
    • (iii) actual performance or facilitation of the Concierge Services, including, but not limited to, any dispute relating to offerings, services, goods and products.

By using LBT for Concierge Services, Users do hereby represent, understand, and expressly agree to hold LBT and its officers, directors, employees, independent contractors, attorneys, agents, partners, members, principals, representatives, administrators, shareholders, predecessors, successors, parents, subsidiaries, divisions, joint ventures, assigns, affiliates, related or affiliated entities and third parties (together with LBT, collectively referred to herein as, the “LBT Parties”) harmless from and against any claim, demand, loss, damage, harm or controversy that may arise with respect to the Concierge Services and/or any of the LBT Parties’ actions or inactions with respect to the Concierge Services. In connection with the Concierge Services facilitated or performed by LBT, you acknowledge that LBT may receive compensation (or may require compensation) from you and/or third parties (the form of such compensation to include, without limitation, internet transaction fees, administrative fees, referral fees, service fees, surcharges, mark-ups, etc.), and you hereby consent to such compensation being paid to LBT (regardless as to whether it is a stated amount or a percentage of the sales price/services fee/transaction cost, regardless as to whether it is actually disclosed to you (in the event LBT’s compensation is included in the overall fee you have agreed to pay in the form of a surcharge, service fee, referral fee, mark-up or otherwise), and regardless as to whether you are paying LBT a separate fee for any of the Concierge Services). Please read and review the other paragraphs of these Terms and Conditions, as these other paragraphs also apply to some or all of the Online Services described in this Paragraph 2.

3. NO PRIVITY OF CONTRACT (EXPRESS OR IMPLIED)

Users may seek information about other Users, Sellers, Service Providers and/or luxury products, goods or services through this Site. Furthermore, Users, Service Providers and Sellers may submit information and content through and to the Site. However, no privity of contract (whether express or implied) exists between Users, Sellers and/or Service Providers, on the one hand, and LBT, on the other, unless expressly agreed otherwise by LBT in writing. Users, Service Providers and Sellers must deal directly with each other to transact any business and to resolve any disputes. The LBT Parties are not responsible for, and expressly disclaim any, liability whatsoever for any claims and/or controversies that may arise as a result of any disputes between any Users, Service Providers and/or Sellers, including, but not limited to, any dispute relating to agreements or understandings (whether oral or written), offerings, services, goods and/or products. By using this Site, Users, Service Providers and Sellers do hereby represent, understand, and expressly agree to hold the LBT Parties harmless from and against any claim, demand, loss, damage, harm or controversy that may arise from any disputes (contractual or otherwise) between Users, Service Providers and/or Sellers and any disputes concerning the Site as it relates to Users’ actions or inactions with other Users, Sellers and/or Service Providers.

Except for these Terms and Conditions and the other Policies of LBT, you hereby agree that there is no contractual relationship (express or implied) between you and LBT, unless expressly agreed otherwise by LBT in writing. You further agree that there is no agency relationship or representative relationship (express or implied) between you and LBT, unless expressly agreed otherwise by LBT in writing. Furthermore, you hereby acknowledge and agree that none of the LBT Parties shall have any contractual, agency, fiduciary or representative related liability or any other type of liability to you and/or any third party if you engage in any of the Online Services (other than LBT’s proper handling and disbursement of any sums being coordinated through the Site). In the event this paragraph conflicts with any other provision hereof and/or any other Policies of LBT, this paragraph shall govern and control.

4. THE SITE IS ONLY A VENUE

The Site is solely a communications platform for enabling the connection between Users, Sellers and Service Providers for any or all of the Online Services. Accordingly, LBT does not take part in the interaction between Users, Sellers and Service Providers, except to: (a) at times, serve as a financial intermediary on the behalf of Users, Sellers and/or Service Providers exchanging monetary amounts via the Site, (b) ensure the service or transaction, if any, is being properly processed and performed in the event of Concierge Services which LBT has facilitated and (c) facilitate the display of content through the Site provided by Users, Sellers and Service Providers. Ultimately, the quality, quantity, suitability, reliability, timeliness, accuracy, conformance to warranty, as well as any and all representations or warranties regarding the products, goods and/or services provided to Users by Sellers and/or Service Providers is between the Users and the Sellers and/or Service Providers. The LBT Parties make no representations or warranties (and hereby expressly disclaim any representations and warranties, whether express or implied) about the suitability, conformity to any warranty/representation, reliability, timeliness, and accuracy of the content or quality or quantity of the services, goods and/or products offered or provided by Sellers and/or Service Providers through the Site or otherwise, whether in public, private or offline interactions. The LBT Parties do not assume any responsibility whatsoever for the accuracy or reliability of any information on this Site. The LBT Parties do not assume, and expressly disclaim, any liability that may result from the use of, or reliance upon, any content or information on the Site and/or the use of goods, services and/or products offered or provided by Sellers and/or Service Providers.

You are strongly advised and encouraged to conduct your own investigations and become comfortable with your own assessments before engaging in a business or personal relationship, or communicating, with any Users, Sellers and/or Service Providers. Please review any contracts or agreements with other Users, Sellers and/or Service Providers very carefully and become comfortable with the terms thereof. You are encouraged to consult the advice of an attorney. Unless expressly agreed to in writing by LBT or otherwise indicated herein, none of the LBT Parties shall be a party to (or construed to be a party to) any of the foregoing, including, without limitation, any understandings, agreements or contracts (whether oral or written). Furthermore, none of the LBT Parties is (nor shall any of them be construed to be) your agent, attorney, advisor or representative with respect to any of the foregoing, including, without limitation, any understandings, agreements or contracts (whether oral or written).

5. TO UTILIZE THE SITE, YOU MUST BECOME A REGISTERED USER WITH THE FOLLOWING OBLIGATIONS

To use this Site and become a User, you must represent that you are of legal age to form a binding contract under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as may be prompted by the Site's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if LBT determines in its sole and exclusive discretion that any such information is untrue, inaccurate, not current or incomplete, LBT has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). All decisions concerning limited access to the Site or termination of your account is at LBT’s sole and exclusive discretion, and all decisions are final.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

Members will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify LBT of any unauthorized use of your password or account or any other breach of security. LBT recommends that you exit from your account at the end of each session if using a public computer. None of the LBT Parties will be liable for any loss or damage arising from your failure to comply with this Paragraph.

Membership Fees are subject to change without notice. Prior to the end of your then current membership term, you will receive electronic notification of your option to cancel your membership. If you fail to cancel your membership prior to the deadline stated in the electronic notification (and in accordance with the electronic notification), your membership will be automatically extended for another term, and you will be automatically billed the then current membership fee for the extended term.

7. USERS CONDUCT

Users agree and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (herein after "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that Users, and not any of the LBT Parties, are entirely responsible for all Content that you and/or other Users upload, post, email, link, transmit or otherwise make available via the Site. LBT does not control the Content posted via the Site and, as such, does not guarantee the accuracy, reliability, integrity or quality of such Content. Users agree and understand that by using the Site, they might be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will any of the LBT Parties be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

Users agree not to use the Site to: upload, post, email, link, private message, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm any person (minor or adult) in any way; impersonate any person or entity, including, but not limited to, the LBT administrator, a forum leader or moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; manipulate in any way identifiers in order to disguise the origin of any Content transmitted through the Site; upload, post, email, link, private message, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (this includes, but is not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, link, private message, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (hereinafter "Rights") of any party; upload, post, email, link, private message, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or self promotion; upload, post, email, link, private message, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of posting or otherwise act in a manner that negatively affects other Users' ability to engage in accessing and utilizing the site (e.g. posting in a thread, accessing the Site, registering with LBT, etc); interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law while using the Site; "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth herein.

Users acknowledge and agree that LBT may or may not pre-screen Content, but that LBT and its moderators (if any) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any Content that is available via the Site. Without limiting the foregoing, LBT and its moderators shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable at their sole and exclusive discretion. Users acknowledge and agree to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, reliability, integrity, quality, completeness, or usefulness of such Content.

Users acknowledge and agree that LBT may access, preserve and disclose your account information, including your ISP address, and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce the Terms and Conditions, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of LBT, its Users and the public.

Users acknowledge and agree that the technical processing and transmission of the Site, including Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Users acknowledge and agree that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by LBT, Service Providers and/or Sellers who provide Content to the Site. Users acknowledge and agree not to attempt to override or circumvent any of the usage rules embedded into the Site.

8. THIRD PARTY CONTENT

LBT, similar to an Internet Service Provider, is a distributor (and not a publisher) of information, data, and/or Content supplied by third parties, including, without limitation, Users, Service Providers and Sellers. Accordingly, LBT has no more editorial control over such information, data, and/or Content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, offerings, or other information, data, Content, expressions or other information made available by third parties, including, without limitation, Users, Service Providers and/or Sellers, are those of the respective author(s) or distributors and not of LBT. Neither the LBT Parties nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this Site represents the opinions and judgments of the respective information provider, including, without limitation, Users, Service Providers and/or Sellers. The LBT Parties neither endorse nor are responsible for the accuracy or reliability of any Content, opinion, advice, or statement made on the Site by anyone other than authorized LBT employee spokespersons while acting in official capacities. Under no circumstances will any of the LBT Parties be liable for any loss or damage caused by a User’s, Service Provider’s and/or Seller’s reliance on Content, information or data obtained through the Site or any LBT Parties. It is the responsibility of Users, Service Providers and Sellers to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other Content available through the Site or any LBT Parties. The Site may contain links to third party Web sites maintained by other entities, persons, content providers, Users, Service Providers and/or Sellers. These links are provided solely as a convenience to you and not as an endorsement by the LBT Parties of the contents on such third-party sites, and the LBT Parties hereby expressly disclaim any representations or warranties (whether express or implied) regarding the content or accuracy of materials on such third-party Web sites. If Users, Service Providers and/or Sellers decide to access linked third-party Web sites, they do so at their own risk. Unless you have executed a written agreement with LBT expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. LBT reserves the right to revoke its consent to any link at any time in its sole discretion.

9. RELEASE

By using this Site or conducting business or communicating with a User, Seller and/or Service Provider, User expressly agrees, represents and warrants that the LBT Parties are not involved in the actual business conducted or interactions between Users, Sellers and/or Service Providers. In the event a User has a dispute with one or more Users, Sellers and/or Service Providers, said User hereby releases and forever discharges the LBT Parties from any and all claims, demands, debts, actions, causes of action, reckonings, covenants, contracts, liabilities, rights, judgments, extents, executions, and losses or damages (actual or consequential) of every kind and nature and description whatsoever, in law, admiralty, or equity, known and unknown, suspected and unsuspected, disclosed and undisclosed, concealed or hidden, asserted or that might have been asserted, arising from any omissions, acts, or facts that have occurred from the beginning of time, that the Users, Service Providers and/or Sellers now have, has, ever had, or hereafter can, shall, or may have against any of the LBT Parties, including by way of illustration and not limitation, any and all demands, claims and causes of action which were or could have been asserted by or on behalf of Users, Sellers and/or Service Providers against any of the LBT Parties, and any and all claims and demands relating to the performance (or lack thereof) of any of the LBT Parties. Users, Sellers and Service Providers fully, finally, and forever settle and release the LBT Parties from any and all claims, demands, whether known or unknown, suspected or unsuspected, contingent or non-contingent, whether or not concealed or hidden, which now exist, or heretofore have existed upon any theory of law or equity now existing or coming into existence in the future, including, by way of illustration and not limitation, conduct which is negligent, intentional, with or without malice, or a breach of duty, law, or rule, without regard to the subsequent discovery or existence of such different or additional facts.

10. LINKS

The Site may provide, or third parties may provide, links to other Web sites or resources. Because LBT has no control over such sites and/or resources, you acknowledge and agree that none of the LBT Parties is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, quality, services, products or other materials on or available from such sites or resources. You further acknowledge and agree that none of the LBT Parties shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the Site or any such other sites or resources or any such Content, advertising, quality, services, products or other materials on or available from such other sites available on or through the Site or any such site or resource.

11. TERMINATION

LBT may terminate this Agreement and any and all access to the Site of anyone at any time, for any reason, in its sole and absolute discretion, including but not limited to the termination of Users, Sellers and/or Service Providers. The provisions of these Terms and Conditions will survive termination of this Agreement. Furthermore, you agree that none of the LBT Parties shall be liable to you or any third party in any way for any termination of your account, any associated Content, or access to the Site.

12. LBT’S PROPRIETARY RIGHTS

You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in Service Provider and/or sponsor advertisements or information presented to you through the Site or by advertisers is protected by patents, copyrights, trademarks, service marks or other proprietary rights and laws, worldwide. Except as expressly authorized by LBT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

13. DISCLAIMER OF WARRANTIES

You expressly understand and agree that: Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The LBT Parties expressly disclaim all warranties of any kind (whether express or implied) including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The LBT Parties make no warranty that (a) the Site will meet your requirements, (b) the Site will be uninterrupted, timely, secure or error-free, (c) the results that may be obtained from the use of the Site will be accurate or reliable, (d) the quality of any products, services, information or other material purchased or obtained by you through the Site will meet your expectations or (e) any errors in the Site or Software will be corrected. Any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from any of the LBT Parties or through or from the Site or from any Service Provider or Seller shall create any warranty from or with any of the LBT Parties.

14. LIMITATION OF LIABILITY

You expressly understand and agree that none of the LBT Parties shall be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if any of the LBT Parties has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Site or the Online Services, (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site or relating to the Online Services, (c) unauthorized access to or alteration of your transmissions or data, (d) statements or conduct of any third party on the Site or in connection with the Online Services and (e) any other matter relating to the Site or the Online Services. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF THE LBT PARTIES, AS A GROUP, TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY AND ALL THIRD PARTIES, USERS, MEMBERS, SERVICE PROVIDERS AND/OR SELLERS UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE GREATER OF (I) $100.00 or (II) A REFUND OF PAYMENTS LBT ACTUALLY RECEIVED FROM YOU DURING THE THIRTY (30) DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE. THE LBT PARTIES SHALL NOT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE MATERIALS OR ANY LINKED SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY OF THE ONLINE SERVICES OR BY REASON OF ANY PRODUCTS, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY OF THE LBT PARTIES OR ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE.

15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 13 and 14 may not apply to you.

16. PRIVACY

You acknowledge that all discussions for ratings, comments, bulletin board service, chat rooms and/or other social networking, message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. The LBT Parties do not control or endorse the content, messages or information found in any Community; therefore, the LBT Parties specifically disclaim any liability concerning the Communities and any actions resulting from User’s, Seller’s and/or Service Provider’s participation in any Community, including any objectionable content. Generally, any communication which you post to the Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by LBT as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, Users, Sellers and Service Providers, as the case may be, grant LBT the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.

17. LICENSE GRANT

By posting communications on or through this Site, Users, Sellers and/or Service Providers, as the case may be, shall be deemed to have granted to LBT, its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, prepare derivative works, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

18. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the LBT Parties, their respective successors and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use of this Site, the Online Services and/or the transactions or communications resulting therefrom.

19. CHOICE OF LAW AND FORUM

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms or your use of this Site, the Online Services and/or this Agreement shall be filed only in the state or federal courts located in Tarrant County, Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

20. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and LBT with respect to this Site and the Online Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and LBT with respect to this Site and/or the Online Services. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.