Acceptance of Terms
lamiaschoice.com (“Lamias Choice”) is the owner and operator of the website lamiaschoice.com, along with its applications (including mobile sites and applications), services, and technology made available by Lamias Choice. This collectively constitutes the “Service.”
These Terms of Service govern your access to and use of the Service (“Terms and Conditions”). The Terms and Conditions also encompass all other operating rules, policies, and procedures referred to herein or published by Lamias Choice from time to time (“Policies”). For the purposes of these Terms and Conditions, “User” refers to either you as an individual or the entity on whose behalf you accept these Terms and Conditions, and who is bound by all the terms herein. The User must confirm their authorization to accept these Terms and Conditions.
Please note that the information collected and used on the Site is also governed by our Privacy Policy.
By accessing or using the Website or the Services in any manner, including visiting, browsing, or providing information to utilize the Services offered, you unconditionally agree to be bound by these Terms and Conditions and the Privacy Policy. If you do not agree to be bound, please exit the Website immediately. It is your responsibility to read these Terms and Conditions and the Privacy Policy before using the Website.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT USE OR DOWNLOAD OR OTHERWISE ACCESS ANY PART OF THE SERVICE. USING ALL OR ANY PART OF THE SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
User Conduct
Users may only use the Service for personal and noncommercial purposes, or as part of an evaluation of the Service for potential commercial use, subject to a separate written agreement with Lamias Choice for commercial use.
Users must comply with all applicable laws, regulations, and rules when using the Service. This includes not using the Service for unlawful purposes such as money laundering, bid rigging, price fixing, or other illegal activities that violate these Terms and Conditions.
Users are prohibited from using the Service in any manner that is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane, or in violation of the Terms and Conditions. Users must also refrain from infringing on any intellectual property rights, revealing personal information about others, engaging in unauthorized advertising, spamming, imposing an unreasonable load on Lamias Choice’s infrastructure, distributing software viruses, or harvesting information from the Site. Users shall not solicit information from minors or impersonate any person or entity.
Lamias Choice reserves the right to immediately suspend or terminate a User’s access to the Service if their conduct fails to comply with these Terms and Conditions.
Lamias Choice may monitor, review, remove, retain, or disclose information as required by applicable laws, regulations, legal processes, or governmental requests, including law enforcement.
For copyright infringement notifications on this Site, please refer to the DMCA Notification Guidelines.
Users are not allowed to authorize or encourage any third party to use this Site for prohibited conduct. These Site Terms and Conditions also apply to our service providers, who may take action to ensure compliance with them. The technology and hosting for aspects of this Site are provided by the online service provider of this Site. However, the Site Creator controls the content, membership, and policy of this Site. By participating on this Site, you agree to indemnify and hold harmless the service provider on all matters related to your interaction with others using this Site and your participation with this Site.
Information Acceptance Policy
Your receipt of an electronic or other form of order request confirmation does not signify any acceptance of your application, nor does it constitute confirmation of any offer to supply you with a service or product we provide. Lamias Choice reserves the right at any time after receipt of your information via the form to accept or decline your request for any reason. Lamias Choice is not responsible for requests that cannot be supplied or unsuccessful application requests arising from an applicant’s ineligibility to qualify for the service opportunity.
Proprietary Rights
Users acknowledge and agree that the Service, along with all content and materials created by or for Lamias Choice and made available on or via the Service, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Lamias Choice (and its licensors) shall own and retain all rights, title, and interests, including intellectual property and proprietary rights, in and to the Service and its content and materials.
Users are not permitted to sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of the Service or its content and materials. Additionally, systematic retrieval of data or other content from the Site to create a collection, database, or directory is strictly prohibited.
Termination
Lamias Choice reserves the right to terminate a User’s access to all or any part of the Service, with or without cause and with or without notice, at any time. Upon termination, the User must immediately cease using the Service, except that (a) all obligations and remedies for breaches of the Terms and Conditions that accrued before the termination date shall survive, and (b) Sections 9 – 16 shall remain in effect.
SMS Terms
By providing your mobile telephone number and checking the box during the submission of your form on lamiaschoice.com, you expressly consent to receive both non-marketing and marketing text messages from Lamias Choice. This includes text messages sent via an autodialer to the mobile telephone number(s) you provided on your form. You can opt-out of these communications at any time, and consent to receive marketing text messages is not required to use our site. You consent to receive text messages even if your telephone number is listed on any state, federal, or corporate Do Not Call list.
SMS subscribers can expect to receive no more than 1 SMS per day from us. SMS communications are compatible with the following carriers: AT&T®, Sprint®, Boost®, Verizon Wireless®, U.S. Cellular®, Cellular One®, and T-Mobile®, MetroPCS®. Msg&Data Rates May Apply. SMS content sent by us includes benefits and resources relevant to the individual subscriber. You can opt-out of these communications at any time by texting STOP to any message received from us to be removed from the program. For help, subscribers can text HELP to any message received from us, or make a request via Email: [email protected] or call: (866) 785-0335. T-Mobile® is not liable for delayed or undelivered messages.
Security
Lamias Choice utilizes secure technology to protect your personal information. Although Lamias Choice has taken reasonable measures to provide for the security of certain information that you submit to the Site, Lamias Choice cannot guarantee that this information will not be intercepted or decrypted by others. Lamias Choice accepts no responsibility for such interception or decryption.
Disclaimer of All Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” IT IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED. Lamias Choice AND ITS LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE, OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
Limitation of Liability
User agrees that Lamias Choice shall not be responsible or liable for any material or data sent or received, or not sent or received, through the Service. Furthermore, Lamias Choice is not responsible or liable for the content, conduct, or infringement of rights by any third party. User agrees to release Lamias Choice (and its licensors and suppliers) from any and all claims, demands, damages, and liabilities of any type and nature arising out of or connected with their use of the Service. User also agrees to attempt to resolve disputes directly with other Users or third parties.
IN NO EVENT SHALL Lamias Choice (OR ITS LICENSORS, AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SERVICE REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS PAID TO Lamias Choice BY USER (AND RETAINED BY Lamias Choice HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR US$50.00, WHICHEVER IS GREATER, EVEN IF Lamias Choice HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
User agrees to (a) defend Lamias Choice and its employees, contractors, officers, directors, and representatives against any action or suit by a third party arising from any transaction with Lamias Choice or another User, User’s use of the Service, or User’s breach of any representations, warranties, or covenants under this Agreement, and (b) indemnify Lamias Choice for settlement amounts, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) awarded and arising from such a claim. Lamias Choice reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which case User will assist and cooperate with Lamias Choice in asserting any available defenses.
Agreement to Arbitrate
You and we each agree that any and all disputes or claims that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services, including any contact from our subsidiaries or agents including, but not limited to, All Web Leads, Inc., shall be resolved exclusively through final and binding arbitration between us and you, or between our subsidiaries or agents and you, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
International Use
Lamias Choice does not represent that the Service is appropriate or legally available for use outside the United States. Accessing and using the Service from territories where it is illegal is prohibited. Users who access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
Disputes; Choice of Law and Forum
User and Lamias Choice agree that any claim or cause of action arising from or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules, and the United States of America. In case of conflicts between US and foreign laws, US laws shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Users expressly agree that the exclusive jurisdiction for any claim or action related to the Terms and Conditions or use of the Site or Service shall be in the state of Florida, USA. Users further agree to the personal jurisdiction of such courts for litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms and Conditions.
Restrictions
You must be 18 years or older to use the Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Compliance With Law
By visiting this Site or participating in games and activities on the Site, you agree to comply with all relevant local, state, provincial, and federal laws and regulations applicable to your visitation and participation.
Integration and Severability
The Terms and Conditions (including the Policies) constitute the entire agreement between User and Lamias Choice concerning access, use, and operation of the Service, superseding all prior communications and proposals. If any provision of the Terms and Conditions is found unenforceable or invalid, it will be modified or eliminated to the minimum extent necessary for the Terms and Conditions to remain in full force and effect.
Reservation of Rights; Copyright and Trademark
Any rights not expressly granted herein are reserved. lamiaschoice.com™ is a trademark of Lamias Choice. Names and logos of companies and products mentioned in connection with the Service are the property of their respective owners.
If you believe that material or content on the Service infringes your copyright, please send a notice of copyright infringement with specific identification to Lamias Choice as specified below:
- Identification of the aspect of the Service to which the notice pertains.
- Identification of the infringed work or material.
- Identification of the material claimed to be infringing, including its location for verification.
- Contact information about the notifying party, including name, address, telephone number, and email address.
- A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or law.
- A statement under penalty of perjury that the notice is accurate and authorized by the copyright owner.
- The notifying party’s physical or electronic signature.
Linked Sites
You may be able to link to third parties’ websites (“Linked Sites”) from the Site. However, Linked Sites are not reviewed, controlled, or examined by us, and we are not responsible for their content, availability, advertising, products, or other materials. These links do not imply our endorsement of or association with the Linked Sites. You are solely responsible for complying with the rules and guidelines applicable to the use of Linked Sites. We shall not be liable for any loss or damage arising from or caused by links to Linked Sites, the Linked Sites themselves, your activities on Linked Sites, or the information, material, products, or services accessed through Linked Sites. Concerns should be directed to the respective site’s administrator or webmaster. We reserve the right to add, change, decline, or remove features or links to Linked Sites from the Site without notice.
Other sites may only link to the Site via a plain-text link with our permission. To request permission, please contact us at the provided address. We retain the right to deny or revoke any permission granted to link to the Site, whether through a plain-text link or any other type of link, at our discretion and at any time.
Miscellaneous
All of these Terms and Conditions are binding on the parties and their successors and permitted assigns. If any provision of these Terms and Conditions is held invalid or unenforceable, it shall be modified or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between the parties, superseding any prior agreements, promises, or practices. We reserve the right to terminate these Terms and Conditions and/or your access to the Site (or any part thereof) at any time, with or without notice. No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.
Modification
Lamias Choice reserves the right to modify these Terms of Use from time to time. Your use of the Site after such a modification will constitute your acceptance of, and your agreement to, any new or amended terms and conditions.