Inc.
Lexvor Inc.
USER AGREEMENT
This USER AGREEMENT ("AGREEMENT") covers Lexvor, Inc. (“Lexvor”). This entity may
be referred to as "we," "us," and "our" throughout this Policy.
Introduction
Thank you for choosing Lexvor. By signing up or otherwise using the Lexvor service, websites,
and software applications (together, the “Lexvor Service,” “Online Service,” or “Service”), or
accessing any content or material that is made available by Lexvor through the Service (the
“Content”), you are entering into a binding contract with Lexvor Inc.
The Lexvor Service includes social and interactive features. Use of the Lexvor Service relies on
several technical requirements.
Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy
Policy. (The User Agreement, Privacy Policy, Commenting Policy, Refund Policy and any
additional terms that you agree to, as discussed in the Entire Agreement section, are referred to
together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective
version of the Agreements can be found on Lexvor’s website. You acknowledge that you have
read and understood the Agreements, accept these Agreements, and agree to be bound by them.
If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Lexvor Service.
Please read the Agreements carefully. They cover important information about Lexvor Services
provided to you and any charges, taxes, and fees we bill you. The Agreements include
information about future changes to the Agreements, automatic renewals, limitations of liability,
privacy information, and resolution of disputes by arbitration instead of in court.
Any information that you provided during sign-up can be corrected during the sign-up process by
returning to the previous screens and correcting erroneous information.
In order to use the Lexvor Service and access the Content, you need to (1) be 18 or older, (2)
have the power to enter a binding contract with us and not be barred from doing so under any
applicable laws, and (3) be resident in a country where the Service is available. (4) You also
promise that any registration information that you submit to Lexvor is true, accurate, and
complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may, at our discretion, make changes to the Agreements. When we make
material changes to the Agreements, we’ll provide you with prominent notice as appropriate
under the circumstances, e.g., by displaying a prominent notice within the Service or by sending
you an email. In some cases, we will notify you in advance, and your continued use of the
Service after the changes have been made will constitute your acceptance of the changes. Please
therefore make sure you read any such notice carefully. If you do not wish to continue using the
Service under the new version of the Agreements, you may terminate the Agreements by
contacting us through the Customer Service contact form.
Terms of Use
Please respect Lexvor, its representatives, and other users of the Lexvor Service. Don’t engage in
any activity, post any User Content, or register and/or use a username, which is or includes
material that: is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including but not limited
to violations of intellectual property rights, privacy rights, or proprietary rights of Lexvor or a
third party; includes your password or purposely includes any other user’s password or purposely
includes personal data of third parties or is intended to solicit such personal data; includes
malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any
user’s access to the Service; is intended to or does harass or bully other users; impersonates or
misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent,
false, deceptive, or misleading; uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk
mail, chain letters, or similar, including through the Lexvor inbox; involves commercial or sales
activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are
not expressly authorized by Lexvor; links to, references, or otherwise promotes commercial
products or services, except as expressly authorized by Lexvor; interferes with or in any way
disrupts the Lexvor Service, tampers with, breaches, or attempts to probe, scan, or test for
vulnerabilities in the Service or Lexvor’s computer systems, network, usage rules, or any of
Lexvor’s security components, authentication measures or any other protection measures
applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as
determined by Lexvor.
You acknowledge and agree that posting any such content may result in immediate termination
or suspension of your Lexvor account. You also agree that Lexvor may also reclaim your username for any reason.
Please be thoughtful about how you use the Lexvor Service and what you share. Remember that
shared or publicly available information may be used and re-shared by other users on Lexvor or
across the web, so please use Lexvor carefully and be mindful of your account settings. Lexvor
has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your
password confidential and secure. You understand that you are responsible for all use of your
username and password on the Service. If your username or password is lost or stolen, or if you
believe there has been unauthorized access to your account by third parties, please notify us
immediately and change your password as soon as possible.
Errors on Our Site
We try to be as accurate as possible, however we stress progress not perfection. Despite our best
efforts, should errors occur, please inform us and we will rectify the issue immediately. For any
reason presented, we may cancel your order or contact you for instructions on the order.
Payments and Cancellations
Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2)
pre-payment giving you access to the Lexvor Service for a specific time period (“Pre-Paid
Period”). Payments can either be made manually each month or can be set up to be
automatically billed by LEXVOR INC.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Lexvor
(or to a third party through whom you purchased the Paid Subscription) will automatically renew
at the end of the subscription period, unless you cancel your Paid Subscription through your
subscription page before the end of the current subscription period. The cancellation will take
effect the day after the last day of the current subscription period. Refunds and reimbursements
cannot and will not be issued for days and services used even when canceling your plan. If you
would like to request a refund or reimbursement you can do so by expressing your written
quarrel to Lexvor directed to the corporate office located at Address: 19800 MacArthur Blvd
Suite 300, Irvine, CA 92612
However, if you cancel your payment or Paid Subscription and/or terminate any of the
Agreements before the end of the current subscription period, we will not refund any
subscription fees already paid to us. Subscriptions are automatically set to be charged on the 1st
of each month unless otherwise expressed and agreed upon for an either temporary, lasting
arrangement, or cancellation.
Lexvor may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid
for) from time to time, and will communicate any price changes to you in advance and, if
applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at
the start of the next subscription period following the date of the price change. As permitted by
local law, you accept the new price by continuing to use the Lexvor Service after the price
change takes effect. If you do not agree with the price changes, you have the right to reject the
change by unsubscribing from the Lexvor Service prior to the price change going into effect.
Please therefore make sure you read any such notification of price changes carefully.
Late Payments, or Insufficient Funds
For any payments not received on the date due, a forty-eight (48) hour grace period is extended
before a suspension or hold is placed on the account. A suspension or hold may result on a loss
of access to the account. Once payment is brought current the access to the account will be
restored.
Notifications that payment is due will be made no more than once per month and no more than
seven (7) days before the payment is due.
Customer Support
For customer support with account-related and payment-related questions (“Customer Support
Queries”), please submit a ticket to our customer service department using the Customer Service
contact form on the About Us section of our website. We will use reasonable attempts to respond
to all Customer Support Queries within a reasonable time frame but we make no guarantees or
warranties of any kind that any Customer Support Queries will be responded to within any
particular time frame and/or that we will be able to satisfactorily answer any such queries.
Service Limitations and Modifications
Lexvor will make reasonable efforts to keep the Lexvor Service operational. However, certain
technical difficulties or maintenance may, from time to time, result in temporary interruptions.
To the extent permissible under applicable law, Lexvor reserves the right, periodically and at any
time, to modify or discontinue, temporarily or permanently, functions and features of the Lexvor
Service, with or without notice, all without liability to you, except where prohibited by law, for
any interruption, modification, or discontinuation of the Lexvor Service or any function or
feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions
that Lexvor permanently discontinues prior to the end of the Pre-Paid Period (defined in the
Payments amd cancellations section), Lexvor will refund you the prepaid fees for the Pre-Paid
Period after such discontinuation. You understand, agree, and accept that Lexvor has no
obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific
content through the Service. This section will be enforced to the extent permissible by applicable
law. Lexvor and/or the owners of any Content may, from time to time, remove any such Content
without notice to the extent permitted by applicable law.
Your Mobile Number and Porting
You may be able to transfer, or "port", your wireless phone number to another carrier. If you port
a number from us, we'll treat it as though you asked us to cancel your Service for that number.
After the porting is completed, you won't be able to use our service for that number, but you'll
remain responsible for all fees and charges through the end of that billing cycle, just like any
other cancellation. If you're a Prepaid customer, you won't be entitled to a refund of any balance
on your account. If you port a number to us, please be aware that we may not be able to provide
some services right away, such as 911 location services. You don't have any rights to your
wireless phone number, except for any right you may have to port it. After a line of service is
disconnected, for any reason, the disconnected Mobile Telephone Number (MTN) may not be
suspended or otherwise reserved and may not be able to be recovered.
Use of the Service by You
A. The Online Services are not intended for users under the age of 18, and we do not
knowingly collect personally identifiable information from users under the age of 18. Such users
are expressly prohibited from registering for the Online Services or submitting their personally
identifiable information to us, and from using portions of the Online Services for which
registration is required.
B. You shall ensure that all equipment, hardware, software, products and/or services you use
to access, visit, or use the Online Services do not disturb or interfere with our operation of the
Online Services, or impede or interfere with others' access, visitation and/or use of the Online
Services. We reserve the right, in addition to our other remedies, with or without notice, to
immediately disconnect from the Service any equipment, hardware, software, product and/or
services causing interference with us, our licensors, vendors, service providers, the Online
Services.
C. If you provide to us the number for a mobile or other device, or we obtain the device
identifier for a device you are using, you agree, represent, warrant, and guarantee that such
device is registered in your name and owned by you, or that you have permission of the device
owner(s).
D. Unless otherwise specified, the Online Services are intended for your personal,
non-commercial use only. You are solely responsible for all usage of, or activities on, the Online
Services by you and by those you authorize or allow to use or provide access to, the Online
Services.
E. You must comply with all local, state, federal, provincial, national, international, and
foreign laws, rules, and regulations in accessing and using the Online Services, and will
immediately notify us if you learn of or suspect a security breach or any illegal activity in
connection with the Online Services.
Managing Your Lexvor Account
There is only one authorized and appointed account holder on each Lexvor account. This account
holder is the sole user that is able to make changes and updates to that wireless account. This
user will be held responsible for wireless usages, billing, upgrading, device/service claims, and
all other account related acts. At this time Lexvor does not allow authorized users to be added to
process account related actions.
Government Taxes, Fees and Surcharges
Users must pay all taxes, fees and surcharges set by federal, state and local governments. Please
note that we may not always be able to notify you in advance of changes to these charges.
Term and Termination
The Agreements will continue to apply to you until terminated by either you or Lexvor. Lexvor
may terminate the Agreements or suspend your access to the Lexvor Service at any time,
including in the event of your actual or suspected unauthorized use of the Lexvor Service and/or
Content, or non-compliance with the Agreements. If you or Lexvor terminate the Agreements, or
if Lexvor suspends your access to the Lexvor Service, you agree that Lexvor shall have no
liability or responsibility to you and Lexvor will not refund any amounts that you have already
paid, to the fullest extent permitted under applicable law. To learn how to terminate your Lexvor
account, please contact us through your Lexvor account at lexvorwireless.com. This section will
be enforced to the extent permissible by applicable law. You may terminate the Agreements at
any time.
Any section listed below this section in the agreement, as well as any other sections of the
Agreements that, either explicitly or by their nature, must remain in effect even after termination
of the Agreements, shall survive termination.
Network Abuse and Management Policy
This Network Abuse and Management Policy ("Policy") outlines the guidelines and expectations for
users of Lexvor Inc. regarding the appropriate use of
our network resources. This policy aims to ensure fair and reasonable use
of the network and to prevent abuse that may adversely affect the service quality for other users.
Network Abuse Definition: Network abuse refers to any
activity or behavior that significantly deviates from the intended and
fair use of the network, causing disruption, congestion, or degradation of service for other users.
Examples of network abuse include, but are not limited to, excessive
data consumption within a short period that may impact the network's performance.
Data Plan Adjustment: Lexvor Inc reserves the right to review and, if necessary,
adjust the mobile plan of users engaging in network abuse.
This may involve changes to the user's data plan, including but not limited to data speed reduction, plan suspension, or migration to a more suitable plan.
The decision to adjust a user's plan will be made at the sole discretion of Lexvor Inc. based on an
assessment of the user's data usage patterns.
Examples of Network Abuse: Network abuse includes, but is not limited to, the following examples:
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Excessive Data Usage: Usage of an unreasonable amount of data within a short period, such as 25GB over a 2-day period or 100GB over a 1-week period
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Unauthorized Use: Use of the network for activities that violate applicable laws or regulations, including but not limited to unauthorized access, hacking, or any form of malicious activity.
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Resource Intensive Applications: Continuous use of resource-intensive applications that significantly impact network performance for other users.
Use for Commercial Purposes: Use of the network for commercial purposes,
such as running servers or providing network services to third parties
without explicit permission from Lexvor Inc.
Enforcement: [MVNO Provider] will strictly enforce this policy against
users engaging in network abuse. Enforcement actions may include, but are not limited to,
plan adjustments, temporary suspension, or termination of service. Lexvor Inc reserves the right to take appropriate legal action if network abuse involves illegal activities.
Reporting Network Abuse: Users are encouraged to report instances of
network abuse to Lexvor Inc. customer support. Reports should include
relevant details such as time, location, and description of the suspicious activity.
Review and Revision: Lexvor Inc reserves the right to review and revise
this policy periodically. Users will be notified of any changes, and continued use of the network
will be considered acceptance of the updated policy.
Conclusion: [MVNO Provider] is committed to providing a reliable and high-quality
network experience for all users. This policy is designed to ensure
fair usage and prevent network abuse that may impact the overall service quality.
Users are expected to adhere to these guidelines to maintain a positive and
efficient network environment.
Indemnification
You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers,
and each of our and their respective officers, directors, members, employees, independent and
sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees")
from and against any and all claims, disputes, demands, proceedings, cause of action, judgments,
damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’
fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with
your access, visitation and/or use of the Online Services, or from any of your acts or omissions in
connection with the Online Services.
Disclaimer of Warranty and Limitation of Liability:
Users and Lexvor both agree to limit claims against each other solely to direct damages. That
means neither party will claim any damages that are indirect, special, consequential, incidental,
treble or punitive. For example, disallowed damages include those arising out of a Service or
device failure, unauthorized access or changes to your account or device, or the use of your
account or device by others to authenticate, access or make changes to a third-party account,
such as a financial or cryptocurrency account, including changing passwords or transferring or
withdrawing funds. This limitation and waiver will apply regardless of the theory of liability. It
also applies if you bring a claim against one of our suppliers, to the extent we would be required
to indemnify the supplier for the claim. You agree we aren't responsible for problems caused by
you or others, or by any act of God. You also agree we aren't liable for missed or deleted
voicemails or other messages, or for any information (like pictures) that gets lost or deleted if we
work on your device. If another wireless carrier is involved in any problem (for example, while
you're roaming), you also agree to any limitations of liability that it imposes.
Disclaimer of Warranty and Limitation of Liability (contd.):
A. CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR
THROUGH THE ONLINE SERVICES MAY BE HOSTED, ADMINISTERED, RUN OR
OTHERWISE PARTICIPATED IN BY THIRD PARTIES. THESE SERVICE PROVIDERS
MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS,
CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH
ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS
SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR
CONTINUING OBLIGATION TO COMPLY WITH THE USER AGREEMENT WHEN
USING THE SERVICE. WE AND THE INDEMNITEES SPECIFICALLY DISCLAIM ANY
AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH
THIRD PARTIES.
B. YOU ACKNOWLEDGE THAT YOU ARE USING THE ONLINE SERVICES AT
YOUR OWN RISK. THE ONLINE SERVICES ARE PROVIDED "AS IS", "WITH ALL
FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND THE INDEMNITEES
HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES,
AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE
ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR
PROVIDED BY US OR THE ONLINE SERVICES. WE AND THE INDEMNITEES DO NOT
REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE ONLINE SERVICES
AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE
UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO
FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME
BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE
WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND THE
INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
C. WE AND THE INDEMNITEES ARE NOT RESPONSIBLE FOR INCOMPLETE,
INCORRECT, LOST, DELAYED, LATE, MISDIRECTED, GARBLED, DAMAGED,
ILLEGIBLE, UNDELIVERABLE, OR INCOMPLETELY RECEIVED COMMUNICATIONS
OR MESSAGING FROM OR TO US OR YOU FOR ANY REASON, INCLUDING BY
REASON OF HARDWARE, SOFTWARE, BROWSER, NETWORK, COMMUNICATIONS
SYSTEM FAILURE, MALFUNCTION, DELAY, OR CONGESTION, OR ANY
INCOMPATIBILITY AT OUR SERVERS OR ELSEWHERE, OR FOR ANY OTHER
TECHNICAL PROBLEMS, ANY FORM OF ACTIVE OR PASSIVE FILTERING BY A
USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ACCESS PROVIDER,
INSUFFICIENT SPACE ON USER’S COMPUTER, MOBILE OR OTHER DEVICE OR
ACCOUNT/PROFILE, OR ANY OTHER CAUSE OR COMBINATION THEREOF.
D. WE AND THE INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS USER AGREEMENT, THE
ONLINE SERVICES, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY
MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION
CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE
SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE,
OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS,
OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN
OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR
RELIANCE ON, THE SERVICE OR ANY OF THE MERCHANDISE, PRODUCTS,
SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES
PAID BY YOU DURING THE ONE MONTH PERIOD IN WHICH THE CLAIM AROSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES,
BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND
WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR".
Copyright Complaints:
We respect the intellectual property of others, and we ask our users to do the same. We may, in
appropriate circumstances and at our discretion, in addition to our other remedies, terminate,
discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the
Online Services of users who infringe the copyright rights of others, and we may choose to
remove, delete, erase, or disable access to content deemed to be infringing. It is our policy to
terminate the access of repeat infringers.
If you have reason to believe that your content has been copied and/or is accessible on the Online
Services in a way that constitutes copyright infringement, or that the Online Services contains
links or other references to another site, application, destination or service that contains content
or activity that infringes your copyright rights, you may notify us by providing a document via
fax, first class U.S. mail, or e-mail that includes the following information (as required by the
Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright
Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
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 at the Online Services are covered by a single notification, a representative list of such
works at the Online Services;
Identification of the copyrighted work 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 such copyrighted work;
Information reasonably sufficient to enable 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 copyrighted work in
the manner complained of 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.
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT
CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM
COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES
(INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU
MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE
SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT
RESIDING ON OUR ONLINE SERVICES INFRINGES YOUR COPYRIGHT, WE SUGGEST
THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE
WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY
RESIDING ON OUR ONLINE SERVICES BEFORE SENDING THE NOTICE.
Address to which Notification should be sent:
Attn: DMCAAgent
19800 Macarthur Blvd, Irvine, CA 92612.
Note: Only copyright complaints should be sent to the copyright agent. No other
communications to the copyright agent will be accepted or responded to.
For communications on other matters, please contact us through the means described at the end
of this Use Agreement.
PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT LEGAL ADVICE.
Arbitration
A. If you have a Dispute (as defined below) with Lexvor Inc., in connection with this User
Agreement that cannot be resolved, you or Lexvor may elect to arbitrate that Dispute in
accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court.
Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by
a judge or jury.
B. As used in this Provision, the term "Dispute" means any dispute, claim or controversy
between you and Lexvor regarding any aspect of your relationship with Lexvor that has accrued
or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including,
but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other
intentional tort), or any other legal or equitable theory.
C. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION
PROVISION, YOU MUST NOTIFY LEXVOR IN WRITING WITHIN 30 DAYS FROM THE
DATE THAT YOU FIRST RECEIVE THIS USER AGREEMENT. YOUR WRITTEN
NOTIFICATION TO LEXVOR MUST INCLUDE YOUR NAME, ADDRESS AND
ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH
TO RESOLVE DISPUTES WITH LEXVOR THROUGH ARBITRATION. YOUR DECISION
TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT
ON YOUR RELATIONSHIP WITH LEXVOR OR THE DELIVERY OF SERVICES TO YOU.
IF YOU HAVE PREVIOUSLY NOTIFIED LEXVOR OF YOUR DECISION TO OPT OUT OF
ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
D. Restrictions:
1. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE
OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR
BILLING DISPUTES WHICH ARE SUBJECT TO SECTION 3 OF THE AGREEMENT), OR
YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT,
FACTS OR DISPUTE.
2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE
ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR
ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE
CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY
GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED
UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.
3. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF
ANY DISPUTE WITH LEXVOR UNLESS THE STATUTE UNDER WHICH THEY ARE
SUING PROVIDES OTHERWISE.
E. Exclusions from Arbitration: YOU AND LEXVOR AGREE THAT THE FOLLOWING
WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY
LEXVOR THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER
SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE
JURISDICTION OF A COURT WHICH IS LIMITED TO ADJUDICATING SMALL
CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL
PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM
ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE;
(4) ANY DISPUTE THAT ARISES BETWEEN LEXVOR AND ANY STATE OR LOCAL
REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL,
STATE OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. Section 522(9);
AND (5) ANY DISPUTE THAT YOU PURSUE BEFORE THE LOCAL FRANCHISE
AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
4. COSTS OF ANY ARBITRATION, LAWSUIT, LEGAL FEES, OR ANY OTHER COSTS
EXPENDED ON AN ACTION BASED ON THE AGREEMENTS ARE RECOVERABLE BY
THE VICTORIOUS PARTY OR PARTIES.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and
Lexvor, the Agreements constitute all the terms and conditions agreed upon between you and
Lexvor and supersede any prior agreements in relation to the subject matter of these Agreements,
whether written or oral.
Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held
invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall
not in any manner affect or render invalid or unenforceable the remaining provisions of the
Agreements, and the application of that provision shall be enforced to the extent permitted by
law.
Any failure by Lexvor or any third party beneficiary to enforce the Agreements or any provision
thereof shall not waive Lexvor’s or the applicable third party beneficiary’s right to do so.
© 2023 Lexvor Inc. All rights reserved. Last Updated: 01/17/2023.
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