PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
LA Active.com agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.
Electronic Signature:
User agrees to the be held responsible for all billing with regards to the Electronic Records and Signatures in Commerce Act (detailed below). By voluntarily remitting payment electronically or otherwise, user confirms his or her consent to be billed on a recurring basis as stated in section 101 part (c) subsection (ii) of the Electronic Records and Signatures in Commerce Act S761.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Neither LA Active.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does LA Active.com make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY LA Active.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER LA Active.com NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LA Active.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT LA Active.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, LA Active.com's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of LA Active.com in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold LA Active.com, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by LA Active.com, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify LA Active.com in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and LA Active.com shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to LA Active.com that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. LA Active.com has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
Restrict or inhibit any other user from using and enjoying the service; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
Send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
Or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. LA Active.com has no obligation to monitor the Service. However, User agrees that LA Active.com has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. LA Active.com will not intentionally monitor or disclose any private E-mail message unless required by law. LA Active.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. LA Active.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of LA Active.com following payment of a reconnection charge, to be determined by LA Active.com in its sole and absolute discretion.
Terms of Payment
A credit card User agrees to allow "LA Active.com" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify LA Active.com of any changes in credit card number or expiration date. If the card is not honored for any reason, LA Active.com will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. LA Active.com will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.
If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by LA Active.com in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received, service will be terminated and a setup fee of $10.00 will be added tom charges for additional Service.
LA Active.com maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event LA Active.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of LA Active.com's attorneys' fees and costs in the collection of these sums. LA Active.com reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.
Right to Cancel
LA Active.com reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. LA Active.com will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.User must notify LA Active.com via telephone or in writing to cancel Service. Cancellations shall be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by LA Active.com are non-refundable.
No Confidentiality
Information transmitted through LA Active.com and through the Internet in general is not confidential. LA Active.com can not and shall not guarantee privacy or protection of any User. User is solely responsible for protection of their usernames and passwords for this site and eBay and is solely responsible for any and all winning bids or purchases associated with the use of this service regardless of how or who made the purchase.
Non-transferable
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, are explicitly prohibited. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.
Failure to Comply With Terms and Conditions
LA Active.com may deny User access to all or part of the Service without notice if User engages in any conduct or activities that LA Active.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If LA Active.com denies User access to the Service because of such a violation, User shall have not right (1) to access through LA Active.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through LA Active.com, and LA Active.com shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
Miscellaneous
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. LA Active.com's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. LA Active.com may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. LA Active.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of LA Active.com Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming LA Active.com as the defendant, shall be proper only in a venue determined by LA Active.com In any action between LA Active.com and User to enforce any of the terms of this Agreement, LA Active.com shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and LA Active.com with respect to the Service