Website Terms of Service

Last updated: 9 September 2020

Welcome to Lilt! Please read this Terms of Use Agreement ("AGREEMENT") carefully. This Agreement governs the use of the lilt.com website ("Website"). By accessing or using the Website in any way, and the other services and resources available or enabled via the Website, and/or browsing the Website, you represent that (1) you have read, understand and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with Lilt, and (3) you have the authority to enter into this Agreement. If you do not agree to be bound by the Agreement, you may not access or use this website or the service.

This agreement is subject to change by Lilt in its sole discretion at any time. We will date and post the most current version of this Agreement on the Website. Any changes will be effective upon posting the revised version of the Agreement (or such later effective date as may be indicated at the top of the revised Agreement). We encourage you to check the date of this Agreement whenever you visit the Website to see if it has been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes.

Use of Lilt Properties and Restrictions. The Website and the information and content available on the Website (as these terms are defined herein) (collectively, the "Lilt Properties") are protected by copyright laws throughout the world. Unless otherwise specified by Lilt in writing, you may not use, license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Lilt Properties or any portion of Lilt Properties, including the Website for any purposes. You shall not frame or utilize framing techniques to enclose any Lilt trademark, logo, or other Lilt Properties (including images, text, page layout or form) of Lilt. You shall not use any metatags or other "hidden text" using Lilt’s name or trademarks. You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Lilt Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law. You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except where Lilt has granted you as the operator of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). Except as expressly stated herein, no part of Lilt Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. You shall not remove or destroy any copyright notices or other proprietary markings contained on or in Lilt Properties. Any future release, update or other addition to Lilt Properties shall be subject to this Agreement. Lilt, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of Lilt Properties immediately terminates the licenses granted by Lilt pursuant to this Agreement.

Ownership of Lilt Properties. Lilt owns all rights, title and interest in Lilt Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or Lilt Properties or any other Content that appears on or in the Lilt Properties.

Trademarks. "Lilt" and other related graphics, logos, service marks and trade names used on or in connection with Lilt Properties or in connection with the Service are the trademarks of Lilt and may not be used without permission in connection with any third-party products or service. Other trademarks, service marks and trade names that may appear on or in Lilt Properties are the property of their respective owners.

Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Lilt through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that Lilt has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Lilt a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Lilt Properties.

User Conduct. When using or access the Lilt Properties, including the Website, you agree that you will not, under any circumstances:

(a) Breach or circumvent any laws, third party rights or our systems, or policies,;

(b) Interfere with or damage Lilt Properties, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;

(c) Bypass our robot exclusion headers, interfere with the working of Lilt Properties, or impose an unreasonable or disproportionately large load on our infrastructure;

(e) Upload, post, e-mail, 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;

(f) Use the Website in any manner or for any purpose other than as expressly permitted by this Agreement.

Third-Party Services. Lilt Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications") and advertisements for third parties ("Third-Party Ads"). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Lilt Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Lilt. Lilt is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Lilt provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF LILT PROPERTIES IS AT YOUR SOLE RISK, AND LILT PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. LILT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LILT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS ("LILT PARTIES") BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LILT PROPERTIES, OR FOR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICE, WHETHER OR NOT LILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A LILT PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A LILT PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A LILT PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LILT PARTIES TO YOU WILL BE LIMITED TO $100.

International Users. Lilt Properties can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that Lilt intends to announce such services in your country. Lilt Properties are controlled and offered by Lilt from its facilities in the United States of America. Lilt makes no representations that Lilt Properties are appropriate or available for use in other locations. Unless otherwise specified under separate agreement, those who access or use Lilt Properties from other countries do so at their own volition and are responsible for compliance with local law.

Privacy. Any information that we gather from you during your use of the Website is governed by our privacy policy which can be accessed here .

General Provisions.

Electronic Communications. The communications between you and Lilt use electronic means, whether you visit Lilt Properties or send Lilt e-mails, or whether Lilt posts notices on Lilt Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Lilt in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lilt provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Lilt Properties, please contact us at support@lilt.com . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

Governing Law & Venue. The Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Both you and Lilt agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Santa Clara County, California.

Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.

Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Export Control. You may not use, export, import, or transfer Lilt Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Lilt Properties, and any other applicable laws. In particular, but without limitation, Lilt Properties may not be exported or re-exported (a) into any United States 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’s Denied Person’s List or Entity List. By using Lilt Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Lilt Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Lilt are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Lilt products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

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