Terms of Use of Lori® Device Protection

(“Terms of Use Agreement” or “Agreement”)

Effective: December 20, 2021

By using the online Lori® Smarter Phone Protection Platform, you agree to fully comply with and be bound by this Terms of Use Agreement. The Lori® Smarter Phone Protection Platform consists of an online, cloud-based platform which is accessed via a website or a mobile software application that you may download onto your mobile device (collectively the "Lori Platform"). The Lori Platform can access your mobile device’s information (e.g., on-device diagnostics and cracked screen detection). Please review this Terms of Use Agreement and our Privacy Notice carefully. If you do not agree to the terms of this Terms of Use Agreement or our Privacy Notice, you should not use the Lori Platform. The terms "Lorica," "us," or "our" refers to Lorica, LLC. The term "you" refers to the user or viewer of the Lori Platform.

Acceptance of the Terms of Use Agreement

The Lori Platform is an online service providing users with access to cloud-based software that provides mobile device diagnostic information. You agree to the terms and conditions outlined in this Terms of Use Agreement. You must review and agree to this Agreement prior to using or accessing the Lori Platform. This Agreement constitutes the entire and only agreement between Lorica and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Lori Platform, the content, products or services provided by or through the Lori Platform, and the subject matter of this Agreement. The Lori Platform should not be used by individuals under the age of eighteen (18). Lorica may amend this Agreement at any time without providing you specific notice. From time to time, Lorica may update this Terms of Use Agreement and any changes will be posted on the Lori Platform; your continued use of the Lori Platform following any change(s) to this Terms of Use agreement constitutes your acceptance of the change(s).

Software

License Grant. Subject to the terms and conditions of this Agreement, and conditioned on your compliance therewith, Lorica hereby grants to you a non-exclusive, non-sublicensable and non-transferable, limited license to use the Lori Platform and solely as provided in this Agreement during the period of your authorized use.
Scope of Licensed Access and Use. You may access the Lori Platform via the internet, or you may install, use and run the application on a mobile device solely for the purpose of using the Lori Platform.
Use Restrictions. Except as this Agreement expressly permits, you shall not, and shall not permit any other person to:
- copy any part of the Lori Platform, in whole or in part;
- modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of any part of the Lori Platform;
- reverse engineer, disassemble, decompile, decode or adapt the Lori Platform, or otherwise attempt to derive or gain access to the source code of the Lori Platform, in whole or in part;
- bypass or breach any security device or protection used for or contained in the Lori Platform or documentation provided therewith;
- remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, terms of the documentation, warranties, disclaimers, or intellectual property rights, proprietary rights or other symbols, notices, marks or serial numbers on or relating to the Lori Platform;
- use the Lori Platform in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
- use the Lori Platform for purposes of:
  - benchmarking or competitive analysis of the Lori Platform;
  - developing, using or providing a competing software product or service; or
  - any other purpose that is to Lorica's detriment or commercial disadvantage;
- use the Lori Platform in or in connection with the design, construction, maintenance, operation or use of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Lori Platform could lead to personal injury or severe physical or property damage;
  - use the Lori Platform for any purpose or application not expressly permitted by this Agreement
THIRD-PARTY SOFTWARE AND OPEN SOURCE. INDIVIDUAL SOFTWARE COMPONENTS, EACH OF WHICH HAS ITS OWN COPYRIGHT AND ITS OWN APPLICABLE LICENSE CONDITIONS FROM THIRD PARTIES MAY BE DISTRIBUTED, EMBEDDED, OR BUNDLED WITH THE LORI PLATFORM, INCLUDING OPEN SOURCE. SUCH THIRD-PARTY SOFTWARE AND OPEN SOURCE SOFTWARE IS SEPARATELY LICENSED BY ITS COPYRIGHT HOLDER. USE OF SUCH THIRD-PARTY SOFTWARE AND OPEN SOURCE SOFTWARE MUST BE IN ACCORDANCE WITH THE LICENSE TERMS APPLICABLE TO SUCH SOFTWARE. LORICA MAKES NO REPRESENTATION, WARRANTY OR OTHER COMMITMENT OF ANY KIND REGARDING SUCH THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE. LORICA OFFERS NO SUPPORT FOR SUCH THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE AND SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAVE NO LIABILITY ASSOCIATED WITH ITS USE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) BY LORICA’S THIRD PARTY PROVIDERS OF THIRD-PARTY SOFTWARE.

‍‍Copyright Protection

‍The design, content, graphics, compilation, magnetic translation, organization, digital conversion and other matters related to the Lori Platform are protected under applicable copyrights, trademarks and other proprietary rights, including without limitation, intellectual property rights. Except as otherwise permitted in this Agreement, you are strictly prohibited from copying, redistributing, using, or publishing any such matters or any part of the Lori Platform. You do not acquire ownership rights to any content or other materials viewed through the Lori Platform. The Lori Platform may include postings of information or materials, but such postings do not constitute a waiver of any right in such information and materials. Except as specifically provided in this Agreement, you may not use the Lori Platform or any content retrieved from the Lori Platform in any manner that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in the Lori Platform.‍

Lorica Trademarks and Service Marks

‍LORICA, Lori and any related marks are trademarks or registered trademarks of Lorica or its affiliates. The Lori Platform, including, without limitation, its graphics, logos, page headers, icons, and scripts constitute trade dress of Lorica. You may not use or reproduce, or cause to be used or reproduced, Lorica’s trademarks, service marks or trade dress, without prior written approval from Lorica. Lorica’s trademarks, service marks, and trade dress may not be used in connection with any product or service that is not affiliated with Lorica. Lorica’s trademarks, service marks, and trade dress may not be used in any manner that (i) dilutes the rights of Lorica, (ii) disparages or discredits Lorica, or (iii) is likely to cause confusion among the general public. Any trademarks that are not Lorica trademarks and that appear in the Lori Platform are the property of their respective owners, who may or may not be affiliated with or sponsored by Lorica.

License to the Lori Platform

For as long as you continue to access the Lori Platform, you are granted a non-exclusive, non-transferable, revocable, non-sublicensable, limited license to access and use the Lori Platform strictly in accordance with this Agreement and solely for your personal use and not for commercial purposes. Your right to use the Lori Platform is not transferable or assignable. Any password or right given to you to obtain access to the Lori Platform or information from the Lori Platform is not transferable or assignable. Lorica may change the Lori Platform without notice. Lorica may add or remove content from the Lori Platform without notice.

Restrictions: Your license for access and use of the Lori Platform is subject to the following restrictions: You may not:
- use the Lori Platform in a manner that violates any applicable local, state, federal or international laws, including laws regulating email or other electronic transmissions, anti-trust laws, and anti-corruption laws;
- export or re-export the Lori Platform, or any portion thereof, or any software available on or through the Lori Platform, in violation of the export control laws or regulations of the United States;
- use the Lori Platform in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Lorica or any third party;
- decompile, remove, disassemble, or reverse engineer any software used in connection with the Lori Platform;
- remove, modify, or obscure any copyright notice, proprietary notice, or terms of use contained in the Lori Platform;
- create derivative works of any part of the Lori Platform; or
- use the Lori Platform to gather information to transmit unsolicited commercial email or telephone calls.
Monitoring: Lorica reserves the right to monitor your use of the Lori Platform to ensure compliance with this Agreement. Lorica may enable auditing and logging functionality within the Lori Platform. You agree to not disable any such functionality, nor modify or tamper with the license monitor, operations monitor, or log files. If Lorica, in its sole discretion, determines you are not in compliance with this Agreement, Lorica reserves the right to take such action as it deems necessary, including without limitation, suspending or terminating your access to the Lori Platform.

Lori Platform Privacy Policy

Any information submitted via the Lori Platform is subject to our Privacy Notice, the terms of which are incorporated herein. Please review our Privacy Notice to understand our practices. The date of any changes to our Lori Platform Privacy Notice will be noted in our Lori Platform Privacy Notice.
We use cookies in the Lori Platform for the purposes of monitoring how users use the Lori Platform and to improve the experience of using the Lori Platform. If you access the Lori Platform without adjusting your settings, you are accepting all cookies from the Lori Platform. Your use of the Lori Platform is subject to our Privacy Notice, the terms of which are incorporated herein.

Electronic (and other) Communications

We may provide Communications to you by one or more of the following methods: (1) via e-mail; (2) via telephone call; (3) on the Lori Platform; (4) via text message or mobile message service; or (5) any other method to the extent permissible by law. “Communications” means all notices, reports, documents, disclosures or other information that we are required to provide to you by law, or as reasonably necessary to provide the services through the Lori Platform. Communications also means any marketing offers we may send through any of the methods identified below or any other electronic medium allowed by law, or surveys or questionnaires seeking input and feedback on the Lori Platform.

You may withdraw your consent to receive marketing Communications electronically by using the unsubscribe link in such e-mail marketing Communications, or by replying “STOP” to the most recent text message you received. You agree to allow us a reasonable amount of time to process your request. You may update your Communication settings in the Lori Platform. You may request a paper copy of Communications by emailing us at support@hellolori.com. We may charge you a reasonable service fee for a paper copy. If you cannot access your Communications, you must promptly notify us so we can help identify the issue, or arrange to have the Communications delivered via alternative means.

It is your responsibility to provide us with accurate contact information, which may include, but is not limited to a valid e-mail address you must promptly advise us of any changes in your contact information.

SMS Terms

By providing your phone number, you allow us or others on our behalf to send you marketing or servicing Communications by automated SMS, MMS, text message, or other electronic means (collectively, “SMS Messages”). This isn’t required in order to purchase from us. You represent that you are the account holder for the phone number that you provide.

The number of messages you’ll receive per month will vary based on the program you’ve enrolled in.
Message and data rates may apply.
If you change or deactivate your phone number, you agree to promptly update your account information.
You can unsubscribe from these SMS Messages at any time by replaying “STOP.”
- If you’ve agreed to receive multiple types of Communications, you will need to cancel each one separately.
- We may send you a final SMS Message to confirm that you’ve been unsubscribed.
- A “HELP” reply option will be available on some message types for additional instructions.
We will use commercially reasonable efforts to deliver the automated SMS Messages to you through compatible wireless carriers.
Carriers are not liable for delayed or undelivered messages.
If You have any questions regarding privacy, please read our Privacy Notice.

Fees; Credit/Debit Card Transactions

Fees to be charged to you for your use of the Lori Platform or the services provided by the Lori Platform, are disclosed when you enroll in the services. You agree to pay any fees due for and incurred by your use of the Lori Platform. Our payment processor may retain the credit/debit card details you provide after payment has been made if you provide consent, if required by our payment processor, or as required by law. We do not maintain any security code that you may have given to us in order to complete payment of the fees (if any). Our payment processor is PCI-compliant. Except in exceptional circumstances, any refund we provide to you for any payment you have made by credit/debit card is made back to the credit/debit card account use to make the initial payment.‍

Account Access

You must maintain the accuracy of the information you provide to Lorica relating to your account. You are responsible for keeping your account and password strictly confidential. Furthermore, you are responsible for restricting access to your computer or mobile device. If you share your account to Lorica with other persons or provide your password to other persons, you take full responsibility for their actions. If you elect to use public or shared computers or unprotected mobile devices, you must log out after each time you access the Lori Platform. If you are a victim of identity theft and it involves your Lori Platform account, you should immediately notify Lorica. Lorica reserves the right to place a hold on any account, at any time, with or without notification to you in order to protect Lorica and its partners from what it believes to be fraudulent activity.

User Submissions

The Lori Platform may allow the submission of content and materials (such as pictures, audio, video, documents, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Lori Platform and this Agreement; (ii) you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Lori Platform and this Agreement; and (iii) you agree not to make any User Submissions that (x) are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (y) are pornographic or obscene, or that harasses, degrades, intimidates or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that impersonates any person or entity, including, but not limited to, an officer, director, employee, or agent of us or our business associates; or (z) includes personal or identifying information about another person without that person's explicit consent. For clarity, you shall retain all of your ownership rights in your User Submissions.

By submitting a User Submission, you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission in connection with the Lori Platform and our (and our successors’ and assigns’) businesses, including, without limitation, for marketing or promotional purposes, in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or your use of the Lori Platform. To the extent any User Submission you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.

For clarity, the foregoing license grant does not affect your ownership or other license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting a User Submission through the Lori Platform, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Submission or any photograph(s), footage, illustrations, statements or other work contained in the User Submission.

We assume no responsibility whatsoever in connection with or arising from User Submissions. We assume no responsibility for actively monitoring User Submissions for inappropriate content. If at any time we choose, in our sole discretion, to monitor User Submissions, we nonetheless assume no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, we do not endorse and have no control over the content of User Submissions submitted by other users. We make no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, we reserve the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

Digital Millennium Copyright Act Compliance

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of users that are determined by us to be "repeat infringers." A repeat infringer is a user who has been notified by us of infringing activity violations more than twice and/or who has had a User Submission removed from the Lori Platform more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on or through the Lori Platform infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable services are covered by a single notification, a representative list of such works on the applicable services;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

Our Designated Copyright Agent to receive notifications of claimed infringement can be reached at pocketgeek@assurant.com.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Violations of this Agreement and Unlawful Activity

Lorica reserves the right to investigate complaints or reported violations of this Agreement. We reserve the right to take any action we determine, in our sole discretion, appropriate, including without limitation (i) reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties; (ii) disclosing any information required or appropriate to such officials or entities relating to your account, email address(es), traffic and usage history, and IP address(es).

Indemnification and Disclaimer of Warranties

You agree to indemnify and hold us, our affiliates, partners, and licensors, and our or their respective officers, agents, employees, and successors (“Covered Entities and Persons”) harmless from and against any and all claims, liabilities, damages (actual and consequential), demands, losses and expenses (including legal and other professional fees) arising from or in any way related to your use of the Lori Platform, any violation of this Agreement, or any other actions connected with your use of the Lori Platform (including all actions taken under your account). We ‎reserve the right, on notice to you, to assume ‎exclusive defense and control of any claim or ‎action, subject to ‎indemnification by you, without relieving you of your indemnification ‎‎obligations hereunder. Upon learning of a claim by a third party that your ‎use violates or ‎allegedly violates a third party’s rights, you agree to ‎promptly notify us of any ‎such claim. You agree to ‎cooperate with us as reasonably required in the defense of any such ‎‎claims, and you shall not in any event settle any such claim or matter ‎without the written consent ‎of us. ‎In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE LORI PLATFORM IS AT YOUR SOLE RISK. THE LORI PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WE DO NOT WARRANT THAT (i) THE LORI PLATFORM WILL MEET ALL OR ANY OF YOUR REQUIREMENTS; (ii) THE LORI PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY DEFECTS OR ERRORS IN THE LORI PLATFORM WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LORI PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SMART PRODUCT, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE, RECOMMENDATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE LORI PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Documents, information, graphics and other Materials appearing on the Lori Platform may include ‎technical ‎inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such ‎documents, information, graphics or other materials is at Your own risk.‎

SEE BELOW FOR IMPORTANT LIMITATIONS ON THE ‎TERMS OF THIS ‎SECTION.‎

Limitation of Liability and Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED ENTITIES AND PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE LORI PLATFORM, OR THE SERVICES PROVIDED THROUGH THE LORI PLATFORM, INCLUDING BUT NOT LIMITED TO, (i) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, (ii) COVER, OR (iii) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE LORI PLATFORM; (2) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (3) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (4) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (5) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT; (6) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE LORI PLATFORM; OR (7) ANY OTHER MATTER RELATING TO THE LORI PLATFORM.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE COVERED ENTITIES AND PERSONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE LORI PLATFORM, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE LORI PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS ($50.00 USD), WHICHEVER IS GREATER.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Terms Applicable if Accessing the Lori Platform through Apple iOS

If you are accessing or using the Lori Platform through an Apple device, the following applicable ‎‎additional terms and ‎conditions are applicable to you and are incorporated into this Agreement:‎

To the extent that you are accessing the Lori Platform through an Apple device, you ‎acknowledge ‎that this Agreement is entered into between you and us, that Apple, Inc. (“Apple”) is ‎not a party ‎to ‎this Agreement other than as third-party beneficiary as contemplated below.‎
The license granted to you under this Agreement is subject to the permitted Usage Rules set ‎‎‎forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and ‎‎any ‎third-party terms of agreement applicable to the Lori Platform.
You acknowledge that we, and not Apple, are responsible for providing the Lori Platform and ‎‎content thereof.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or ‎‎any ‎support services to you with respect to the Lori Platform.
To the maximum extent permitted by applicable law, Apple will have no other warranty ‎‎obligation ‎whatsoever with respect to the Lori Platform.‎
Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and us, we and not Apple are responsible for ‎‎‎addressing any claims you may have relating to the Lori Platform, or your possession and/or use thereof, ‎‎‎including, but not limited, to: (i) product liability claims, (ii) any claim that the Lori Platform fails to ‎conform ‎to any ‎applicable legal or regulatory requirement; and (iii) claims arising under consumer ‎protection ‎or similar ‎legislation.
Further, you agree that if the Lori Platform, or Your possession and use of the Lori Platform, infringes ‎‎on a ‎third-party's intellectual property rights, you will not hold Apple responsible for the ‎‎investigation, defense, ‎settlement and discharge of any such intellectual property infringement ‎‎claims.‎
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party ‎‎beneficiaries of ‎this Agreement, and that, upon your acceptance of the Agreement, ‎Apple will have the ‎‎right (and will be deemed to have accepted the right) to enforce this Agreement ‎against you as a third-‎‎party beneficiary thereof. ‎
When using the Lori Platform, you agree to comply with any and all third-party terms that are ‎‎‎applicable to any platform, website, technology or service that interacts with the Lori Platform.‎

Compliance with Applicable Laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Lori Platform, including without limitation, the provisions of the United States’ Foreign Corrupt Practices Act (“FCPA”), the United Kingdom’s Bribery Act 2010 (“Bribery Act”), and other anti-corruption laws; anti-trust laws; and any applicable Export Control Laws (as defined below).
You acknowledge that your license to use the Lori Platform hereunder may be subject to the export control laws of the United States which may include, without limitation, the United States Export Administration Regulations, the Trading With the Enemy Act, the International Emergency Economic Powers Act, the Arms Export Control Act and regulations promulgated by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), as amended from time to time (collectively, the “Export Control Laws”). You agree that all actions taken by you related to your use of or access to the Lori Platform will be in compliance with applicable Export Control Laws. In addition, you agree that you will not export, reexport, transfer or license any software related to the Lori Platform to any parties that are named as a “Specially Designated National” or “Blocked Person” as designated by the OFAC.

General Provisions

Suspension or Discontinuance of Service. Lorica may suspend or discontinue providing the Lori Platform to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
Notices. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Lori Platform by Lorica.
Assignment. This Agreement and all incorporated agreements and your information may be automatically assigned by Lorica in our sole discretion to a third party in the event of an acquisition, sale or merger.
Governing Law. This Agreement shall be treated as though it were executed and performed in Dallas, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles).
Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Lorica to collect or recover damages for, or obtain any injunction relating to, operations, intellectual property, and our services, shall be settled solely by binding and exclusively by binding arbitration to be conducted before the American Arbitration Association (the “AAA”), or its successor. The arbitration shall be held in Dallas, Texas before a tribunal consisting of three (3) arbitrators selected in accordance with the Commercial Arbitration Rules and regulations as promulgated by the AAA, unless specifically modified by this Agreement. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Equitable Remedy. You acknowledge and agree that due to the unique nature of Lorica’s intellectual property rights, there can be no adequate remedy at law for any breach by you with respect to breach of Lorica’s intellectual property rights, which may result in irreparable harm to Lorica, and therefore, that upon any such breach or threat thereof, Lorica shall be entitled to injunctive relief as well as whatever remedies it may have at law, without the requirement to post any bond or security and without proof of actual damages.
Class Action Waiver. Neither You nor we shall be entitled to join or consolidate claims under or relating to this Agreement by or against other individuals or entities or litigate or pursue any claim as a representative ‎member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE ‎YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ‎ACTION WHATSOEVER. A court may sever any portion of this dispute resolution provision if ‎it finds such unenforceable.‎
Exclusions and Limitations; Consumer Protection Notice. If you are a consumer, the provisions in this Agreement are intended to be only as broad and ‎inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, ‎have heightened consumer protection laws that may make certain terms of this Agreement ‎inapplicable to you. If you are a New Jersey consumer, the terms of certain sections that broadly reference applicable law, including, but not limited to those entitled Indemnification and Disclaimer of Warranties, Limitation of Liability, Governing Law, Class Action Waiver, Severability, and Waiver do not limit or waive your rights as a consumer under New Jersey law and the ‎provisions in this Agreement, as they pertain to you, are intended to be only as broad and ‎inclusive as is permitted by the laws of the State of New Jersey. No provision of this Agreement shall limit or waive your rights as a consumer under the law of your state of residence. In any ‎event, we reserve all rights, defenses and permissible limitations under the law ‎of your state of residence.‎
Limit on Causes of Action. Any cause of action by you with respect to the Lori Platform (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement.
Interpretation. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
Severability. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Waiver. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Survival. Our rights under this Agreement shall survive any termination or expiration of this Agreement, as well as those provisions that by their nature are intended to survive.
Contact Information. Please contact support@hellolori.com or Lorica, LLC, 1507 LBJ Freeway, Suite 500, Farmers Branch, TX, 75234 with any questions or comments.