End User Terms and Conditions

These Terms and Conditions ("Terms" or "Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and LeftBrainLogic ("we," "us," or "our"). These Terms apply when you access or use the leftbrainlogic.com website, as well as any other media form, media channel, mobile website, mobile application, or related, linked, or otherwise connected services. This includes any online or downloadable products, software, or services (collectively, the "Services").

It is important that you carefully review these Terms before using the Services, as your use of the Services indicates your agreement to comply with and be bound by them. If you do not agree to all of these Terms, you are not permitted to access or use the Services.

License

The Services are protected by copyright and are the property of LeftBrainLogic. All rights are reserved.

Certain services or products we offer may come with additional terms and conditions specific to those services. By using or paying for any of these services, you agree to the applicable additional terms. If there is a conflict between these Terms and the additional terms, the additional terms will take precedence while you are using the services to which they apply.

Restrictions

You agree not to, and will not permit others to, license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Services or make them available to any third party.

You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code of any Services.

All Services are provided "as is" without warranties of any kind, whether express or implied, except as required by law. If you plan to rely on our Services for critical purposes, you must thoroughly test them beforehand, implement redundant systems, and assume any associated risks.

To the fullest extent permitted by law, LeftBrainLogic, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, business interruption, or any other damages or losses arising out of or related to your use of, or inability to use, the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

In no event shall our total cumulative liability to you for any claims arising out of or related to this Agreement or your use of the Services exceed the amount you paid, if any, for access to or use of the Services during the 12 months preceding the event giving rise to liability.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so some of these exclusions may not apply to you. In such cases, our liability is limited to the maximum extent permitted by applicable law.

Modifications

We are continually working to enhance our Services, and some changes may affect how you use them. While we will make every effort to inform you of any changes that may impact your experience, there may be instances where advance notice is not possible. We reserve the right to modify, suspend, or discontinue any part of our Services, whether temporarily or permanently, with or without notice, and without any liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or LeftBrainLogic in accordance with the provisions set forth below.

You may terminate this agreement at any time by discontinuing the use of the services and deleting your account.

We reserve the right to terminate or suspend your account and access to the Services, with or without notice, for any reason, including but not limited to violation of these terms and conditions, non-payment of fees, any behavior that we deem harmful to the service or other users.

Upon termination of this agreement for any reason, your right to access and use the Services will immediately cease, any data associated with your account may be deleted after a specified period, any fees paid up to the point of termination are non-refundable.

The provisions of this Agreement that, by their nature, should survive termination shall remain in effect, including but not limited to limitations of liability, indemnity, and dispute resolution provisions.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Indemnification

You agree to indemnify, defend, and hold harmless LeftBrainLogic, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

1. Your access to or use of the Services,
2. Your violation of these Terms,
3. Your violation of any third-party rights, including intellectual property or privacy rights,
4. Any claim that your use of the Services caused damage to a third party.

This obligation will survive the termination of this Agreement and your use of the Services.

Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Services, you agree to the terms of our Privacy Policy. Please review it carefully by clicking here before using the Services.

Dispute Resolution and Governing Law

In the event of any dispute or claim arising out of or relating to these Terms or your use of the Services, both parties agree to first attempt to resolve the issue informally. If the dispute cannot be resolved informally within 30 days, it shall be submitted to binding arbitration. The arbitration will be conducted in English, and each party will bear its own costs and fees.

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah and the federal laws of the United States, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah, for any disputes not subject to arbitration.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, war, acts of terrorism, governmental actions, strikes, or other labor disputes, failure of utilities or telecommunications, or any other force majeure event.

In the event of a force majeure event, our obligations under this Agreement will be suspended for the duration of the event. We will use reasonable efforts to resume performance as soon as possible.

Changes to Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. If we make material changes, we will provide you with notice by email or by posting the updated Terms on our website. It is your responsibility to review the Terms regularly. Your continued use of the Services following any changes constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, you must stop using the Services and may request to terminate your account. The most current version of the Terms will always be available on our website.