Acceptance of the Terms of Use

These terms of use are entered into by and between You (“Customer”, “you”, or “your”) and LanCity Connect (“LanCity Connect,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms”), govern your access to and use of the LanCity Connect Service (the “Service”), including any content, functionality and services offered on or through the Service, whether as a guest or a subscriber, as well as your access to our Web site located at www.lancityconnect.com (the “Site”).

Please read the Terms carefully before you start to use the Service. By accessing and using the Service or the Site, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is included as part of these Terms and found at [privacy policy url]. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Service or the Site.

This Service and the Site are offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions. By using this Service or the Site, you represent and warrant that you are of legal age to form a binding contract with LanCity Connect and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. You may access the most current version of these Terms at https://lancityconnect.com/terms-of-service.

Your continued use of the Service and the Site following the posting of revised Terms means that you accept and agree to the changes. You should check this page each time you access the Service so you are aware of any changes, as they are binding on you.

Accessing the Service and Account Security

We reserve the right to withdraw or amend the Service and the Site, and any service or material we provide on the Service or the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service or the Site is unavailable at any time or for any period. From time to time, we may restrict access to any part of the Service or the Site.

You are responsible for both:

· Making all arrangements necessary for you to have access to the Services and the Site.

· Ensuring that all persons who access the Service and the Site through your account are aware of these Terms and comply with them.

To access and subscribe to the Service, you will be required to provide certain personal details or other information. It is a condition of your use of the Service that all the information you provide to us is correct, current and complete. You agree that all information you provide to us to subscribe to the Service or otherwise, including, but not limited to, through the use of any interactive features of the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

To access the Service and the Site you will be provided with a username and password and possibly other means of access and information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service and the Site using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are legally and financially responsible for any activity conducted via your account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Fees and Payments

Your fee for the Service will be based on our current Fee Schedule in effect when you subscribe to the Service and will based upon certain factors including the nature of the Customer (whether residential or commercial), the desired speed, number of connections, static vs. dynamic IP address, rental of required equipment, etc. We may modify the Fee Schedule at any time upon 60 days’ prior notice to you.

When you subscribe to the Service you will select a method for automatic payment such as a credit card, ACH, or other payment method. Payments will automatically be assessed to your selected payment on your billing date. Payments are to be made in advance for the billing period following the billing date. We may suspend the Service if, for any reason, payment is not received by your billing date.

Any outstanding balance on your account that remains unpaid five (5) or more days past the due date, will accrue interest at the rate of 1.5 percent per month (18 percent per annum). If your account is referred to collection, you will be responsible for all costs of collection including court costs, collection agency fees, and reasonable attorney fees.

Taxes, regulatory fees, and other government fees are separate from your regular fee for access to the Service and, if applicable, will be charged for separately.

Installation and Equipment

You agree to provide us with reasonable access to your property (the “Premises”), as necessary, for the installation of the Service.

You agree that we can install and affix equipment both inside and outside the Premises at any reasonable location. You agree that our installers may need to drill holes in the Premises to bring cables indoors. You agree and give us permission to use any existing facilities in and around the Premises, including existing wiring. You represent that you have the authority to provide the forgoing authorizations.

If you rent or otherwise do not own the Premises, you are solely responsible for securing the required permissions for installation as provided above. Upon request, you agree to provide written evidence that you have requested and been granted all necessary permissions to complete the installation.

Acceptance of these terms does not guarantee that we will install or provide the Services. We may need a separate agreement with your landlord in order to do the installation.

You grant us a non-exclusive access license (the “License”) to the Premises in order to construct, install, operate, maintain, inspect, repair, renew, remove, and relocate as necessary, all cable, connections, facilities, and other equipment required to provide the Service to you (together, “Our Equipment”). The License granted to us herein includes the right of ingress and egress over the Premises as necessary for the aforementioned purpose of the License and includes the right to trim, cut, or remove any trees, brush, undergrowth or obstructions on the Premises that obstruct or interfere with the installation, operation, maintenance, inspection, repair, renewal, removal, or relocation of our Equipment.

All installations costs are due upon installation. You will also be responsible for the payment of any additional costs incurred in connection with the installation caused by unforeseen or undisclosed circumstances.

Our Equipment will at all times remain the personal property of LanCity Connect, its successors or assigns, and may be removed by us upon the termination of this Agreement.

It is your responsibility to locate and mark any private utilities prior to the installation of Our Equipment. Any damage caused to private utilities due to an error in such identification will be your responsibility.

Termination

We may terminate your Service and your access to the Site at any time for any reason without notice. You may also terminate or cancel your Service at any time effective the end of the current billing cycle. Upon cancellation you may remain responsible for the payment of any outstanding construction, installation, or other fees. You will also be required to return to us any of Our Equipment that may still be in your possession. If you fail to return any of Our Equipment you will be responsible for paying the full price for such equipment.

Intellectual Property Rights

The Service and the Site and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Service or the Site, except as follows:

· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

· You may store files that are automatically cached by your Web browser for display enhancement purposes.

· You may print one copy of a reasonable number of pages of such materials for your own personal, non-commercial use and not for further reproduction, publication or distribution.

· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

· Modify copies of any materials from the Service or the Site.

· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service or the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service or the Site in breach of the Terms, your right to use the Software and the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or the Site or any content on the Service or the Site is transferred to you, and all rights not expressly granted are reserved by us.

Trademarks

The name LancCity Connect, and all related names, logos, product and service names, designs and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Service and the Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Service and the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Service or the Site:

· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

· To impersonate or attempt to impersonate LanCity Connect, a LanCity Connect employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service or the Site, or which, as determined by us, may harm LanCity Connect or users of the Service or the Site, or expose them to liability.

Additionally, you agree not to:

· Use the Service or the Site in any manner that could disable, overburden, damage, or impair the Service or the Site or interfere with any other party’s use of the Service or the Site, including their ability to engage in real time activities through the Service or the Site.

· Use any robot, spider or other automatic device, process or means to engage in activities that prohibited by these Terms.

· Use any device, software or routine that interferes with the proper working of the Service or the Site.

· Introduce to the Service or the Site any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service or the Site, or any server, computer or database connected to the Service or the Site.

· Use the Service or the Site to engage in a denial-of-service attack or a distributed denial-of-service attack against any other person, site, or network.

· Otherwise attempt to interfere with the proper working of the Service or the Site.

User Contributions

The Service or the Site may include interactive features (collectively, “Interactive Services”) that allow users to submit (hereinafter, “post”) content or materials (collectively, “User Contributions”) on the Service or the Site.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.

· All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not LanCity Connect, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service or the Site.

Monitoring and Enforcement; Termination

We have the right to:

· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the Site or the public or could create liability for LanCity Connect.

· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the Site.

· Terminate or suspend your access to all or part of the Service or the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the Site. YOU WAIVE AND HOLD HARMLESS LANCITY CONNECT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LANCITY CONNECT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LANCITY CONNECT OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on or through the Service or the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

· Be likely to deceive any person.

· Promote any illegal activity, or advocate, promote or assist any unlawful act.

· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement – DIGITAL MILLENNIUM COPYRIGHT NOTICE

Notification Procedures:

If you believe in good faith that your copyrighted work has been reproduced on the Service or the Site without authorization in a way that constitutes copyright infringement, you may request removal of those materials by notifying our designated copyright agent either by mail to [agent contact information] or to [agent email]. This contact information is only for suspected copyright infringement. In accordance with the Online Copyright Infringement Liability Act of the Digital Millennium Copyright Act (“DMCA”) any notice of suspected copyright infringement (the “DMCA Notice”) must include substantially the following:

· Your physical or electronic signature;

· Identification of the copyrighted work that you believe to have been infringed or, if the claim involves multiple works on the Service or the Site, a representative list of such works;

· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

· Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).

· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

· A statement that the information in the written notice is accurate.

· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Service or the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Please also note that the Service and the Site allow access to other sites on the Internet that we do not own or control and we are not able to remove or disable access to content on these other sites.

Counter Notification Procedures:

If you believe that material you posted to the Service or the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “CounterNotice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

· Your physical or electronic signature.

· An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

· Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).

· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Service may be found) and that you will accept service from the person (or an agent of that person) who provided the Service with the complaint at issue.

Reliance on Information Posted

The information presented on or through the Service or the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service or the Site, or by anyone who may be informed of any of its contents.

The Service and the Site allow you to access other sites and resources provided by third parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When you use the Service or the Site to access any of the third party websites or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Privacy Policy

Collection & Use of Personal Information

We collect the following personal information from you:

· Contact Information such as name, email address, mailing address, phone number.

· Billing Information such as credit card number and billing address.

· Financial Information such as bank or brokerage account numbers, as applicable.

· Unique Identifiers such as user name, account number and password.

· Preferences Information you provide such as product or content interests, communication and marketing preferences.

· Usage activity about how you interact with us such as purchase history and which areas of our site you visited.

· Demographic data where available such as gender, age, household income, level of “tech savvy” and the like.

· Where applicable, we also collect information about your business such as company name, company size and business type.

As is true of most Web sites, we automatically gather non-personally identifiable information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

· Fulfill your order and send a confirmation.

· Send you requested product or service information.

· Send product updates or warranty information.

· Respond to customer service requests.

· Administer your account.

· Send you marketing communications.

· Improve our website and marketing efforts.

· Conduct research and analysis.

· Respond to your questions and concerns.

Choice/Opt-Out

You may choose to stop receiving our newsletter, marketing, survey and feedback email by following the unsubscribe instructions included in these emails, signing into your account and adjust your preferences, or you can contact us at support@lancityconnect.com.

Information Obtained from Third Parties

We obtain address information about you from third party sources, such as the US Postal Service, to verify your address so we can confirm whether you’re in a serviced area, to ship your order to you and to prevent fraud.

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Disclosure to Third Parties

We will not share your information with third parties except as expressly set forth in this Privacy Policy.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order. These companies are authorized to use your personal information only as necessary to provide these services to us.

In the event of default, we may provide your personal information to a debt collection agency, for the sole purpose of recovering balances from customer for services provided, as outlined in this agreement.

We may disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

We will not provide your information to third parties for marketing purposes.

Tracking Technologies

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with the Service or the Site. For example, we will know how many users access specific areas or features of the Service or the Site. We use this information, solely in an aggregated form, to understand and optimize how the Service and the Site are used, improve our marketing efforts, and provide content and features that are of interest to you.

We don’t match those cookies, Web beacons or scripts back to your actual identity.

We may partner with a third party ad network to either display advertising on the Site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests.

Security of Personal Information

The security of your personal information is important to us. When you provide sensitive information (such as a credit card number) to us, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at support@lancityconnect.com. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@lancityconnect.com. We may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Personal Information of Minors

The Service is not directed to and we do not knowingly collect any personal information from anyone who is under the age of 13. If you know or have reason to believe that we have inadvertently collected personal information from a person under the age of 13 please contact us at support@lancityconnect.com.

Other Information

The Site includes third party hosted widgets, which are interactive mini-programs that run on the Site to provide single-purpose services (e.g. sharing of articles, videos, etc.). Personal information, like your email address, may be collected and cookies may be set so the widget can work properly. The information through the widget is subject to that widget provider’s own privacy policy.

The Site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at support@lancityconnect.com. In some cases, we may not be able to remove your personal information, in which case we will let you know that we are unable to do so.

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at support@lancityconnect.com

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we may, but are not obligated to, notify you by email (sent to the e-mail address specified in your account) or by means of a notice on www.lancityconnect.com.

All information we collect via the Service or the Site is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Geographic Restrictions

The owner of the Service and the Site is based in the Commonwealth of Pennsylvania in the United States. We provide the Service and the Site for use only by persons located in the United States. We make no claims that the Service or the Site or any of their content is accessible or appropriate outside of the United States. Access to the Service and the Site may not be legal by certain persons or in certain countries. If you access the Service or the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet via the Service or from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.

YOUR USE OF THE SERVICE AND SITE, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR THE SITE IS AT YOUR OWN RISK. THE SERVICE AND THE SITE, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LANCITY CONNECT NOR ANY PERSON ASSOCIATED WITH LANCITY CONNECT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE OR THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER LANCITY CONNECT NOR ANYONE ASSOCIATED WITH LANCITY CONNECT REPRESENTS OR WARRANTS THAT THE SERVICE OR THE SITE, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

LANCITY CONNECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LANCITY CONNECT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE OR THE SITE, ANY WEBSITE, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless LanCity Connect, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service or the Site, including, but not limited to, your User Contributions, any use of the Service’s or the Site’s content, services and products other than as expressly authorized in these Terms, or your use of any information obtained through your use of the Service or the Site.

Governing Law and Jurisdiction

All matters relating to the Software and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms, the Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the City of Lancaster and County of Lancaster, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS THE SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by LanCity Connect of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LanCity Connect to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and LanCity Connect with respect to the Service and the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service and the Site.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Service should be directed to: lancity@lancityconnect.com.