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Terms of Use

Version 1.0

The LMS Provider website located at lmsprovider.com is a copyrighted work belonging to Lincoln Management Services. Certain features of the Site may be subject to additional guidelines, terms or rules published on the Site in connection with those features.

All such additional terms, guidelines and rules are incorporated by reference into these Terms.

These Terms of Use describe the legally binding terms and conditions governing use of the Site. BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS and represent that you have the authority and capacity to enter into them. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS THE SITE. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT LOG INTO OR USE THE SITE.

These terms require the use of individual arbitration under Section 10.2 to resolve disputes and limit the remedies available to you in a dispute. These Terms of Use were created with the help of the Terms of Use Generator.

Access to the Site

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited licence to access the Site solely for your personal, non-commercial use.

Certain restrictions. The rights granted under these Terms are subject to the following restrictions: (a) you must not sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site; (b) you must not modify, create derivative works from, disassemble, reverse compile or reverse engineer any part of the Site; (c) you must not access the Site to build a similar or competing website; and (d) except as expressly stated here, 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 addition to Site functionality is subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies.

The Company reserves the right to change, suspend or discontinue the Site with or without notice. You agree that the Company will not be liable to you or a third party for any change, interruption or termination of the Site or any part of it.

No support or maintenance. You agree that the Company has no obligation to provide support relating to the Site.

Except for any User Content you may provide, you acknowledge that all intellectual property rights in the Site and its content, including copyrights, patents, trademarks and trade secrets, belong to the Company or its suppliers. These Terms and access to the Site do not transfer any right, title or interest in intellectual property except the limited access rights expressly stated in Section 2.1. The Company and its suppliers reserve all rights not granted in these Terms.

Third-Party Links and Advertisements; Other Users

Third-party links and advertisements. The Site may contain links to third-party websites and services and/or display third-party advertisements. These links and advertisements are not under the Company’s control, and the Company is not responsible for them. They are provided solely for your convenience, and the Company does not review, approve, monitor, endorse, warrant or make representations about them. You use third-party links and advertisements at your own risk and should exercise appropriate caution and discretion. When you click them, the third party’s terms and policies apply, including its privacy and data collection practices.

Other users. Each Site user is solely responsible for their User Content. As we do not control User Content, you acknowledge that we are not responsible for it, whether provided by you or another user. The Company is not liable for losses or damage resulting from such interactions. If a dispute arises between you and another user, we have no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors and assigns from, and waive and relinquish, all past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature arising directly or indirectly from, or relating directly or indirectly to, the Site. If you are a California resident, you waive California Civil Code Section 1542 in connection with the foregoing, which states that a general release does not extend to claims the creditor does not know or suspect to exist in their favour when executing the release and which, if known, would have materially affected their settlement with the debtor.

Disclaimers

The Site is provided “as is” and “as available”. The Company and our suppliers expressly disclaim all warranties and conditions of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We and our suppliers do not warrant that the Site will meet your requirements, be available uninterrupted, timely, secure or error-free, or be accurate, reliable, free of viruses or other harmful code, complete, legal or safe. If applicable law requires warranties concerning the Site, those warranties are limited to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so that exclusion may not apply to you. Some jurisdictions do not allow limits on how long an implied warranty lasts, so that limitation may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, the Company and our suppliers will not be liable to you or a third party for lost profits, lost data, costs of procuring substitute products, or indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use or inability to use the Site, even if advised of the possibility of such damages. Access to and use of the Site are at your own risk. You are solely responsible for damage to your device or computer system, or loss of data resulting from that use.

To the maximum extent permitted by law, notwithstanding any contrary provision, our liability for damages arising from or relating to this agreement is always limited to a maximum of fifty US dollars (US$50). More than one claim will not increase this limit. You agree that our suppliers have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so those limitations or exclusions may not apply to you.

Term and termination. Subject to this section, these Terms remain in full force while you use the Site. We may suspend or terminate your rights to use it at any time, for any reason, at our sole discretion, including use that violates these Terms. On termination, your account and right to access and use the Site end immediately. Termination of your Account may involve deletion of associated User Content from our active databases. The Company is not liable for terminating your rights under these Terms. Even after termination, Sections 2 to 2.5, Section 3 and Sections 4 to 10 remain in effect.

Copyright Policy

The Company respects others’ intellectual property and asks Site users to do the same. We have adopted and implemented a copyright policy providing for removal of infringing materials and termination of online Site users who repeatedly infringe intellectual property rights, including copyright. If you believe a user is unlawfully infringing copyright through the Site and wish the material removed, provide our designated Copyright Agent with a written notification under 17 U.S.C. § 512(c) containing:

  • Your physical or electronic signature;
  • Identification of the copyrighted work or works you claim have been infringed;
  • Identification of the material on our services you claim is infringing and request us to remove;
  • Information sufficient for us to locate that material;
  • Your address, telephone number and email address;
  • A statement that you have a good faith belief that use of the disputed material is not authorised by the copyright owner, its agent or the law; and
  • A statement that the notification is accurate and, under penalty of perjury, that you own the copyright allegedly infringed or are authorised to act on the owner’s behalf.

Under 17 U.S.C. § 512(f), a material factual misrepresentation in a written notification automatically makes the complaining party liable for damages, costs and legal fees we incur in connection with the written notification and allegation of infringement.

General

These Terms are subject to occasional revision. If we make material changes, we may notify you by email at the last address you provided and/or by prominently posting notice on the Site. You are responsible for keeping your email address current. If your last address is invalid, sending notice to it nevertheless constitutes effective notice. Changes take effect no earlier than thirty (30) calendar days after an email notice is sent or notice is posted on the Site. They take effect immediately for new users. Continued use after notice indicates acknowledgement of the changes and agreement to be bound. Dispute resolution. Please read this Arbitration Agreement carefully. It is part of your agreement with the Company, affects your rights and includes procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of the Arbitration Agreement. Claims and disputes relating to the Terms or the use of Company products or services that cannot be resolved informally or in small claims court will be resolved individually by binding arbitration under this Arbitration Agreement. Unless otherwise agreed, proceedings will be in English. This agreement applies to you and the Company, its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and all authorised or unauthorised users or beneficiaries of services or goods provided under the Terms.

Notice requirement and informal dispute resolution. Before requesting arbitration, a party must send the other a written Notice of Dispute describing the nature and basis of the claim or dispute and the relief sought. Notice to the Company must be sent to Rua Nova York 822 # 22 — São Paulo — SP — Brazil. After receipt, you and the Company may attempt informal resolution. If the dispute is not resolved within thirty (30) days after receipt, either party may initiate arbitration. A settlement offer may not be disclosed to the arbitrator until the arbitrator determines the award to which either party is entitled.

Arbitration rules. Arbitration will be initiated through the American Arbitration Association, an established alternative dispute resolution provider offering arbitration under this section. If the AAA is unavailable, the parties will agree on an alternative ADR Provider. Its rules govern all aspects of arbitration except where they conflict with these Terms. The applicable AAA Consumer Arbitration Rules are available at adr.org or by calling 1-800-778-7879. A single neutral arbitrator will conduct proceedings. Claims seeking a total award below ten thousand US dollars (US$10,000) may, at the claimant’s option, be resolved through binding non-appearance arbitration. For claims of US$10,000 or more, the right to a hearing is determined by the Arbitration Rules. A hearing will take place within 100 miles of your residence unless you live outside the United States and the parties agree otherwise. For residents outside the US, the arbitrator must give reasonable notice of the date, time and place of oral hearings. Judgment on an award may be entered in any court of competent jurisdiction. If the arbitrator awards you more than the Company’s last settlement offer before arbitration, the Company will pay the greater of the award or US$2,500. Each party bears its own costs and expenses and an equal share of ADR Provider fees and costs.

Additional rules for non-appearance arbitration. If chosen, arbitration will take place by telephone, online and/or solely on written submissions, in the form chosen by the initiating party. It will not involve personal appearances by

parties or witnesses unless the parties agree otherwise.

Time limits. If you or the Company seeks arbitration, the action must be initiated or demanded within the applicable limitation period and any deadline imposed by the AAA Rules for the claim.

Authority of the arbitrator. The arbitrator decides your and the Company’s rights and liabilities. The dispute will not be consolidated or joined with other cases or parties. The arbitrator may grant dispositive motions for all or part of a claim, award monetary damages and grant non-monetary relief available to an individual under applicable law, the AAA Rules and these Terms. The arbitrator will issue a written award and statement setting out essential findings and conclusions. The arbitrator has the same authority to grant individual relief as a court judge. The decision is final and binding on you and the Company.

Waiver of jury trial. THE PARTIES WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY, choosing instead to resolve claims and disputes by arbitration under this agreement. Arbitration procedures are generally more limited, efficient and less costly than court rules and are subject to very limited court review. If litigation between you and the Company arises in a state or federal court to vacate or enforce an award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL and choose determination by a judge.

Waiver of class or consolidated actions. Claims and disputes under this Arbitration Agreement must be arbitrated or litigated individually, not on a class basis. Claims of more than one customer or user may not be arbitrated or litigated jointly or consolidated with those of another customer or user.

Confidentiality. All aspects of arbitration are strictly confidential. The parties will maintain confidentiality unless the law requires otherwise. This does not prevent submitting information to a court as needed to enforce this agreement or an award, or seek injunctive or equitable relief.

Severability. If a court of competent jurisdiction finds any part of this Arbitration Agreement invalid or unenforceable, that part has no effect and is severed; the remainder continues in full force.

Right to waive. Any rights or limitations in this Arbitration Agreement may be waived by the party against whom a claim is asserted. Such waiver does not waive or affect another part of the agreement.

Survival. This Arbitration Agreement survives termination of your relationship with the Company.

Small claims court. Notwithstanding the foregoing, you or the Company may bring an individual action in small claims court.

Emergency equitable relief. Either party may seek emergency equitable relief in a state or federal court to maintain the status quo pending arbitration. An application for interim measures does not waive other rights or obligations under this Arbitration Agreement.

Claims not subject to arbitration. Claims of defamation, violation of the Computer Fraud and Abuse Act, or infringement or misappropriation of the other party’s patents, copyrights, trademarks or trade secrets are not subject to this Arbitration Agreement.

Where this Arbitration Agreement allows litigation in court, the parties agree to submit to the personal jurisdiction of courts located in the County of BR, California, for that purpose.

The Site may be subject to US export control laws and export or import regulations in other countries. You agree not to export, re-export or transfer, directly or indirectly, US technical data acquired from the Company, or products using that data, in violation of US export laws or regulations.

The Company is located at the address stated in Section 10.8. If you reside in California, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs, in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic communications. Communications between you and the Company use electronic means, whether you use the Site, send emails, or receive Company notices posted on the Site or sent by email. For contractual purposes, you (a) consent to electronic communications from the Company and (b) agree that terms, conditions, agreements, notices, disclosures and other electronic communications satisfy any legal obligation they would satisfy in print.

Entire agreement. These Terms are the entire agreement between you and us concerning the Site. Failure to exercise or enforce a right or provision is not a waiver. Section headings are for convenience and have no legal or contractual effect. “Including” means “including without limitation”. If a provision is invalid or unenforceable, the others remain in effect and that provision is modified to be valid and enforceable to the fullest extent permitted by law. Your relationship with the Company is that of an independent contractor; neither party is the other’s agent or partner. You may not assign, subcontract, delegate or otherwise transfer these Terms or your rights and obligations without the Company’s prior written consent; any attempt in violation of this is void. The Company may freely assign these Terms. These terms and conditions are binding on assignees.

Your privacy. Please read our Privacy Policy.

Copyright and trademark information. Copyright ©. All rights reserved. Trademarks, logos and service marks displayed on the Site belong to us or third parties. You may not use them without our prior written consent or that of the third party that owns them.

Contact Information

Address: Rua Nova York 822 nº 22 — São Paulo — SP — Brazil

Email: lincoln@lmsprovider.com