Terms of Service
Updated February 26, 2021
Welcome! We Are Lloyd, Inc. is a Delaware corporation (“Lloyd,” “we,” “our,” or “us”). Our affiliated websites (https://www.withlloyd.com/ and http://app.withlloyd.com/) and any mobile device application we develop (collectively, the “Site”) are copyrighted works owned by Lloyd. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (Section 11.2) ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIALS OR CLASS ACTIONS, TO RESOLVE DISPUTES. THESE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
2. Access to the site
2.1 License. Subject to these Terms, Lloyd grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
2.2 Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
- you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
- you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site;
- you will not access the Site in order to build a similar or competitive website, product, or service; and
- except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Site will be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3 Modification. We may revise these Terms at any time without notice to you. Lloyd reserves the right to modify, suspend, or discontinue the Site, in whole or in part, at any time with or without notice to you. You agree that Lloyd will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
2.4 No Support or Maintenance. You acknowledge and agree that Lloyd will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5 Ownership. Excluding any User Content (as defined in Section 4.1) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Lloyd or Lloyd’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1 above. Lloyd and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
2.6 Confidentiality. Lloyd may disclose or make information available to you regarding our business. You acknowledge that all knowledge, information, and data provided by Lloyd that is not generally known or publicly available, whether or not marked, designated, or otherwise identified as “confidential,” with respect to the business, operations, and marketing of Lloyd’s products, services, and intellectual property, is confidential information of Lloyd. You hereby agree that you will not use or disclose such confidential information to any third party without the prior written consent of Lloyd.
2.7 Consent to Electronic Communications. By using our Site, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services (as defined in Section 5). If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Site or by sending an email to you.
3.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the onboarding registration process. By registering for an Account, you represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Lloyd reserves the right to suspend or terminate your Account at any time in accordance with Section 12 stated below.
3.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur on and under your Account. You agree to immediately notify Lloyd of any unauthorized use of your Account, any suspected unauthorized use of your Account, or any other breach of security. Lloyd cannot and will not be liable for any loss or damage arising from your failure to comply with any of these requirements.
3.4 Subscription and Payment. All subscribers are required to pay a monthly subscription fee. You will be responsible for fees associated with your subscription. Applicable taxes, and other charges and fees incurred may also apply.
3.5 Auto-Renewal. Your subscription will automatically renew on a monthly basis. Until you cancel, we will continue charging your Account using the payment method you used to begin your subscription. Your continued use or non-cancellation will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription will not renew, and your subscription will be terminated at the end of the last paid subscription period. Unless we notify you prior to the activation of your Account or prior to the renewal period as described above, the renewal fee will be the same as the prior period’s fee. You can cancel your subscription at any time by following the instructions on the Site. All fees and charges assessed by Lloyd are non-refundable.
4. User Content
4.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile, documents, portfolio, or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (as defined in Section 4.3). If your User Content violates the Acceptable Use Policy, you alone expose yourself to liability. Lloyd is not responsible for any liability that may result in your violation of the Acceptable Use Policy or otherwise inappropriate use of your User Content.
4.2 License. You hereby grant to Lloyd an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. Please note, however, that we will never use your User Content without first providing you with notice and obtaining further consent from you.
4.3 Acceptable Use Policy. By accessing and using our Site, you agree to abide by our “Acceptable Use Policy.” You thereby agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that:
- violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable;
- is harmful to minors in any way; or
- is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
- upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- use the Site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
- harass or interfere with any other user’s use and enjoyment of the Site; or
- (vii)use software or automated agents or scripts to produce multiple accounts on the Site, to generate automated searches, requests, or queries to the Site, or to strip, scrape, or mine data from the Site. We may, however, conditionally grant revocable permission to the operators of public search to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials.
4.4 Enforcement. While we have no obligation to the following, we reserve the right to review any User Content, investigate, and take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 12, and reporting you to law enforcement authorities.
4.5 Feedback. If you provide Lloyd with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Lloyd all rights in such Feedback and agree that Lloyd will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Lloyd will treat any Feedback you provide as non-confidential and non-proprietary. You thereby agree that you will not submit any information or ideas that you consider to be confidential or proprietary.
4.6 Other Users. Each user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Lloyd will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
5.1 General Services. In connection with your use or access of the Site, we may provide career advice services and communications to you through the Site or through email, telephone, video calls, or text messaging (the “Services”). Unless otherwise stated, the term “Site” also includes and refers to the content and communications relating to the Services. The Services are intended to be informative. None of the Services provided by us should be construed as providing legal advice. None of the Services provided by us should be used as a substitute for legal or other professional advice where questions or interpretations should be addressed by a licensed attorney or other professional advisor.
5.2 Co-Pilot Services. Lloyd connects you with qualified consultants (“Co-Pilots”) to carry out the Services, such as resume and cover letter review, networking, career advice, job search strategy, interview prep, offer negotiations, and skill development. Co-Pilots are employees of Lloyd who offer these Services for users. Co-Pilots are responsible for honoring abiding by these Terms and providing Services to you. You hereby agree not to hire or otherwise engage any Co-Pilot to whom you are introduced via the Site other than directly through the Site. To the extent you breach the foregoing restriction, both you and the Co-Pilot will be jointly and severally liable for any losses incurred by Lloyd. You hereby acknowledge that Lloyd will have no obligations or liability whatsoever in respect of any such engagements.
5.3 Confidentiality. Personal information or business information supplied to Lloyd by any user in sessions with our Co-Pilots will be treated as confidential. Your personal information will not be disclosed to a third party without your prior permission. Any information provided by Lloyd to you over the course of using our Services is confidential and should not be disseminated or shared with others, including other users on the Site.
Third party links and advertisements
The Site may contain links to third-party websites and services or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Lloyd, and Lloyd is not responsible for any Third-Party Links & Ads. Lloyd provides access to these Third-Party Links & Ads only as a convenience to you. Lloyd does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You thereby use all Third-Party Links & Ads at your own risk, and you should apply a suitable level of caution and discretion in doing so. Please note that when you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. Before proceeding with any use or transaction in connection with such Third-Party Links & Ads, it is in your best interest to review the applicable third party’s terms and policies.
Compliance with intellectual property laws
Lloyd respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. The contact information for the Lloyd Designated Copyright Agent is as follows:
- Email of Agent: email@example.com.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND LLOYD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
Some jurisdictions do not allow the exclusion of implied warranties or the limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
Indemnification and Release
9.1 Indemnification. You agree to defend, indemnify, and hold harmless Lloyd and our Co-Pilots, officers, employees, and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- your access to or use of the Site;
- your violation of these Terms;
- your violation of applicable laws or regulations; or
- your User Content.
Lloyd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Lloyd. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
9.2 Release. You hereby release and forever discharge Lloyd and our Co-Pilots, officers, employees, and agents from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
Limitation and Liability
10.1 Losses and Damages. Lloyd will not be responsible or liable for any losses or damages to you or any third party caused by your use of the Site or actions you take on the Site. Lloyd will not be responsible or liable for any losses or damages to you or any third party caused by us or any third party before, during, or after your use of the Site.
10.2 Jobs and Offers. Lloyd cannot be responsible or liable for the actions of any hiring company or entity you may interact with. Our Co-Pilots will continue working with you to provide the Services as long as you desire. Lloyd will not be responsible or liable for any unlawful behavior of any user of the Site or any hiring company or entity. Lloyd and our Co-Pilots, officers, employees, and agents will not be responsible or liable in any case of injury, accident, claim, theft, damage, sickness, expense, cancellation, or loss in relation to our Services.
10.3 No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LLOYD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF LLOYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Governing law and dispute resolution
11. 1 Governing Law. These Terms are governed by New York law without reference to its conflict of laws principles. Subject to Section 11.2 below (Dispute Resolution), all claims arising under these Terms will be litigated exclusively in the federal or state courts of New York, New York and will submit to the jurisdiction in those courts. In any proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
11.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Lloyd and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Lloyd that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement (“Arbitration Agreement”). All arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Lloyd (“party” or collectively, “parties”), and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. A Notice to Lloyd should be sent to: Nicolle Gusz, 2098 Frederick Douglass Blvd, 3G, New York, NY 10026. After the Notice is received, you and Lloyd may attempt to resolve the claim or dispute informally. If you and Lloyd do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including but not limited to the method of initiating or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at +1 (800) 778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (USD $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (USD $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the United States, the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online, or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or Lloyd pursues arbitration, the arbitration action must be initiated or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Lloyd, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lloyd.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, less costly than rules applicable in a court, and are subject to very limited review by a court. In the event any litigation should arise between you and Lloyd in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LLOYD WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
- Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with Lloyd.
- Small Claims Court. Notwithstanding the foregoing, either you or Lloyd may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York, for such purpose.
Terms and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your Account or rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Lloyd will not have any liability whatsoever to you for any termination of your rights under this Section of these Terms. Please note that even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6 and Sections 3 through 14.
Copyright and trademark information
Copyright © 2020 We are Lloyd, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. When accessing the Site or using our Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Services and the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership.
You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by your User Content or that is provided or transmitted using your account.
If you believe that any content on the Site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at firstname.lastname@example.org as described above in Section 7.
14.1 Changes and Modifications. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. All changes are effective immediately when we post them, whether or not you receive an email notification, and the revised Terms apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
14.3 Export. The Site may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any United States technical data acquired from Lloyd, or any products utilizing such data, in violation of the United States export laws or regulations.
14.4 Disclosures. Lloyd is located at the address in Section 15. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
14.5 Electronic Communications. The communications between you and Lloyd use electronic means. This includes when you use the Site or send us emails and when Lloyd posts notices on the Site or communicates with you via email. For contractual purposes, you:
- Consent to receive communications from Lloyd in an electronic form; and
- Agree that all terms, conditions, agreements, notices, disclosures, and other communications that Lloyd provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
14.6 Entire Terms. These Terms constitute the entire agreement between you and Lloyd regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Lloyd is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Lloyd’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Lloyd may freely assign these Terms. The terms, conditions, agreements, notices, and disclosures set forth in these Terms will be binding upon assignees.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com.