TERMS OF USE

REGISTRATION

The Service is made available under these Terms of Use and the LMKR End User License Agreement (EULA) as the case may be, to individuals or businesses to collect End User Data and provide software and services. To sign up for the Service, you must create an account ("Account") by registering using our registration page and providing basic information including your name, company name, location, email address, company/site URL, and phone number. You must provide accurate and complete information and keep your Account information updated. It is your responsibility to maintain access to your account; you may never share your account information with a third party or allow any other application or service to act as you.

By accepting these Terms of Use or the EULA as the case may be, you confirm that you, your business, your employees, and any others relating to you adhere to all local laws and regulations, especially those pertaining to financial and personally identifiable data.

YOUR SECURITY OBLIGATIONS

We cannot guarantee the security of our users' applications. We reserve the right to terminate a user without notice if we suspect that they are at risk of a security breach. While we cannot ensure that our users follow all the necessary security protocols, we strongly recommend that you adhere to the following minimum security protocols:

  • Use of PCI compliant servers
  • Use of HTTPS for all requests
  • Do not store end-user credentials or other sensitive personally identifiable information
  • Encryption of your client ID and secret in all storage and communication

It is your responsibility to maintain the security of your account information, including your Client Identification Number ("client ID") and Client Secret ("secret"). You must notify us immediately of any breach of security or unauthorized use of your Account. You may never publish, distribute or share your Client ID or Secret.

SUSPICION

We reserve the right to withhold our services in their entirety or in part where we believe they are being used in violation of these Terms of Use, any other LMKR agreement, or pose a risk to the end-user, client, or LMKR itself. Under the terms of these Terms of Use, you are granting us authorization to share information with law enforcement about you, your transactions, your LMKR account, or your end users if we reasonably suspect that your use of the Service has been for an unauthorized, illegal, or criminal purpose.

PAYMENTS AND BILLING

Certain aspects of the Service may be subject to payments now or in the future (the "paid services"). Please note that any payment terms presented to you in the process of using or signing up for a paid service are deemed part of these Terms of Use.

We may use a third-party payment processor to bill you through a payment account linked to your account on LMKR (your "billing account") for use of the paid services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Use. We are not responsible for error by the payment processor. By choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your payment provider (your "payment method"). You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your payment method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.

Some of the paid services may consist of recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act.

You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing address current, complete and accurate, and must promptly notify us or your payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.

If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Your non-termination or continued use of a paid service reaffirms that we are authorized to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.

REFERENCES

You agree that, during the time you are a registered Service user, we may identify you as a customer of LMKR (including, without limitation, on the Site and in promotional materials).

TERMINATION

We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so by following the instructions on the Site or in the EULA. Any fees paid hereunder are non-refundable unless otherwise stated in the EULA or agreed separately between you and LMKR. All provisions of these Terms of Use and the EULA, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF THIRD PARTY REPRESENTATIONS & WARRANTIES & LIMITATION ON LIABILITY

LMKR makes no warranties and representations other than those expressly stated within their terms of use Agreement. The suite of LMKR products and services may be utilized in conjunction with other third party products and services. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS, PRODUCTS OR SERVICES EXECUTED THROUGH A THIRD PARTY, OR BY A THIRD PARTY IN CONNECTION WITH A LMKR PRODUCT OR SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR SERVICES THROUGH A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. LMKR does not warrant or represent that any third party provider is compliant with federal, state or local laws and regulations. Furthermore, as it relates to third party products and services and without limitation, LMKR makes no warranties or representations as to the storage, handling, processing and transmission of a cardholder’s data to any particular standards such as the Payment Card Industry Data Security Standard. LMKR, nor any of its affiliates make any warranties and representations regarding the performance and security of any third party system.

THE USE OF THIRD PARTY PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU EXPERIENCE AS A RESULT OF YOUR USE OF THIRD PARTY PRODUCTS AND SERVICES. ANY WARRANTY THAT IS PROVIDED BY A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the LMKR products and services shall be limited to the amount you paid us for our products and services purchased from LMKR during the prior six (6) month period before the occurrence of the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS AND SERVICES OR ANY THIRD PARTY PRODUCTS AND SERVICES REFERENCED BY LMKR.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY, INCLUDING WITHOUT LIMITATION THE PROCESSING OF PAYMENTS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.