Terms of Use

Lobus Terms of Use

Effective Date: May 11, 2018

Thanks for using our products and services (“Services”). The Services are provided by Lobus, Inc. (“Lobus”), located at lobus.io and the Lobus application. By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

 

Using our Services

You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not Lobus’. This content is the sole responsibility of the entity/person that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

 

Your Lobus Account

You may need a Lobus Account in order to use some of our Services. You may create your own Lobus Account, or your Lobus Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Lobus Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Lobus Account, keep your password confidential. You are responsible for the activity that happens on or through your Lobus Account. Try not to reuse your Lobus Account password on third-party applications. If you learn of any unauthorized use of your password or Lobus Account, follow these instructions.]

 

Privacy and Copyright Protection

Lobus’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Lobus can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can email info@lobus.io.

 

Your Content in our Services

Some of our Services may allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.  When you upload, submit, store, send or receive content to or through our Services, you give Lobus (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Lobus Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. If you have a Lobus Account, we may display your Profile name, Profile photo, and actions you take on Lobus or on third-party applications connected to your Lobus Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Lobus Account. For example, you can choose your settings so your name and photo do not appear in an ad. You can find more information about how Lobus uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

 

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Lobus gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Lobus as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Lobus, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Lobus may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER LOBUS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

Liability for our Services

WHEN PERMITTED BY LAW, LOBUS, AND LOBUS’ SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LOBUS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, LOBUS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Lobus and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

 

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

 

These terms control the relationship between Lobus and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New York County, New York, USA, and you and Lobus consent to personal jurisdiction in those courts. For information about how to contact Lobus, please visit our contact page.

 


 

These Terms of Use (“Terms”) forms a binding agreement between Lobus, Inc. (“Lobus,” “we,” “us,” or “our”) and you (“you” or “your“) that contains the terms and conditions that govern your access to and use of our Service (as defined below, and including our website at lobus.io (the “Site”), as well as any related websites, networks, including e-mails and any other services provided by us). 

The Site allows people to receive aggregated information regarding sales, artists and objects across the global art market. These Terms apply to your access to and use of the information accessible from the Site, and other related materials we may make available (such materials collectively with the Site, are referred to as the “Services”).

By accessing or using the Service you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy (collectively, the “Agreement”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND Lobus ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN THE ARBITRATION AGREEMENT SECTION.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE SERVICE IMMEDIATELY.

A few important points:

·       We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Service at any time after such changes are posted. If a material change is made, we will notify you through the Service. Read through any changes, and if you do not agree to them, please stop using the Service.

·       Additional terms and conditions may apply to specific products or your use of certain features on the Service. These additional terms are also legally binding.

1.   Service

Generally.  You will adhere to all laws, rules, and regulations applicable to your use of the Service, including our Privacy Policy.

Eligibility.  You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant to us that: a) you are at least 18 years old, b) you are legally allowed to enter into this contract, and c) your use of the Service is not in violation of any applicable laws or regulations. If you do not meet all of these requirements, you must not access or use the Service.

Account. You may use the Site without registering for an account. If you do register, all personal information provided will be governed in accordance with the Privacy Policy.

2.   Term

The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by us.

Effect of Termination.  Generally, upon any termination of this Agreement:

·       All your rights under this Agreement immediately terminate;

·       You remain responsible for all fees and charges; and

·       You will immediately return or, if instructed by us, destroy all Content in your possession.

3.   Use the Services

License.  The Service and any content (images, logos, text, commentary, etc.), data or software made available through or in connection with the Service (including via related websites) (collectively, “Content”) is owned by us or used under license. You agree to comply with all applicable intellectual property laws in your use of the Content, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to the Content.

Subject to your compliance with these Terms (and any other terms communicated in connection with specific Content) and your payment of any required fees (if applicable), Lobus hereby grants you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to the Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in the Content.

Permissions and Restrictions.  Lobus grants you permission to access and use the Service as set forth in these Terms, subject to the following restrictions:

·       Do not use automated technology to interact with the Service.

·       Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

·       Do not reverse-engineer, decompile, disassemble, modify, or create derivative works based on the Service, its contents or any part thereof (unless permitted by applicable law).

·       Do not circumvent any technology used by us, our licensors, or any third party to protect the content or the Service.

·       Do not “crawl” the Service or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from us, our users or the Service.

·       Do not misrepresent the relationship between yourself and Lobus (including by expressing or implying that we support, sponsor, or endorse your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted by this Agreement.

·       Do not interfere with Lobus’s (including its officers, managers, employees, and affiliates) personal or business relationships concerning the Service or this Agreement.

·       Do not to "deeplink" to the Site without our express written consent.

·       Do not to collect or store personal data about others.

·       not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;

·       not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law; and

·       not to post any copyrighted material unless the copyright is owned by you

Feedback.  If you choose to submit a business inquiry, provide input, suggestions or feedback regarding problems with or proposed modifications or improvements to the Services (“Feedback”), such Feedback shall be the exclusive property of Lobus and we may use the Feedback in any manner and for any purpose without any compensation to you, including but not limited to, improving the Service or creating other products and services.  You acknowledge and agree that your Feedback is not confidential, and that your provision of such Feedback is gratuitous and unsolicited, and does not place Lobus under any fiduciary or other obligation. 

4.   Proprietary Rights

As between you and Lobus, you acknowledge that Lobus retains all rights, title, and interest in and to all intellectual property rights in the Service, and all Content therein.

5.   Third Party Sites

The Service may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. Lobus, its subsidiaries and affiliated companies have no control over, and are not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.

6.   Communications

If you choose to communicate with us, you expressly consent to us contacting you in the manner you request. You may opt-out of receiving Lobus e-mails by unsubscribing in the e-mail. 

7.   Indemnity

You agree to indemnify, defend and hold harmless Lobus, its subsidiaries, affiliates and each of our and their respective officers, employees, contractors, directors, suppliers and representatives (“Lobus Parties”) from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Lobus Parties or any third party vendor, arising out of or in connection with: (a) your use of the Services, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party.  This indemnification provision shall apply to third party claims as well as claims between you and the Lobus Parties under these Terms.

8.   Warranty Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION, OUR CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NONE OF THE LOBUS PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICES. IN ADDITION, THE LOBUS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.

THE LOBUS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES, CONTENT OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, MALWARE OR VIRUSES.

THE LOBUS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES OR CONTENT IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE LOBUS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. 

9.   Limitation of Liability

THE LOBUS PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, ANY DELAYS ON THE SERVICES, OR THE INABILITY TO USE THE SERVICES, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LOBUS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE LOBUS PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

The Services are controlled and offered by Lobus, Inc. Lobus makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to you. In such jurisdictions, the liability of the Lobus Parties will be limited to the fullest extent permitted by applicable law.

10.        International Users

The Services are operated from the United States, but may be accessed outside of the United States. You acknowledge, understand and agree that your use of the Services is at your own risk. You are solely responsible to ensure that your use of the Services complies with all applicable local laws in the jurisdiction from where you access or use the Services. By submitting any personally identifiable information to us through the Services, you consent to the transfer, processing and storage of your information in the United States in accordance with our Privacy Policy.

11.        Dispute Resolution

If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your Account information, if your dispute relates to your Account). You will give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If Lobus does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the Arbitration agreement below.

12.        Arbitration Agreement and Class Action Waiver

In the event you and Lobus cannot resolve your dispute pursuant to the Dispute Resolution section above, you and Lobus agree that the dispute shall then be resolved exclusively through final and binding arbitration, and not in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver.  ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. YOU AND LOBUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND LOBUS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LOBUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. 

Arbitration.  THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR, WITHOUT DISCOVERY, WHOSE AWARD MAY NOT EXCEED, IN FORM OR AMOUNT, THE RELIEF ALLOWED BY THE APPLICABLE LAW. This Arbitration Agreement governs all claims arising out of or relating to any aspect of the interpretation, performance or enforcement of this Agreement including these Terms and the Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of whether a claim arises during or after the termination of the Agreement, and applies to all such claims against Lobus employees, officers, agents, representatives and affiliates.

OPT OUT.  YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING NOTICE TO LOBUS, NO LATER THAN THIRTY (30) CALENDAR DAYS FROM THE DATE OF FIRST PURCHASE FROM THE SERVICE. TO OPT OUT, YOU MUST SEND NOTICE BY E-MAIL TO INFO@LOBUS.IO, WITH THE SUBJECT LINE: “ARBITRATION OPT OUT.” IN YOUR OPT OUT E-MAIL, YOU MUST INCLUDE (A) YOUR NAME, ADDRESS AND E-MAIL ADDRESS USED IN CONNECTION WITH THE SERVICE OR PRODUCT AND (B) THE DATE ON WHICH YOU FIRST PURCHASED THE SERVICE OR PRODUCT.

Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) enforce an arbitral award through the applicable federal, state, or local agency; (c) seek injunctive relief or other provisional remedies in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and Lobus will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to his or her jurisdiction, and the interpretation, applicability, or enforceability of this binding Arbitration Agreement.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Lobus’s address for Notice is found in the Contact Us section, below.

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received as described under “Dispute Resolution” above, you or Lobus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Lobus must not be disclosed to the arbitrator. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but you may appear, at your election, via telephone or video. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. You and Lobus agree that under no circumstances shall the arbitrator have the right or ability to award punitive damages to either party.

Modifications. If we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case your account with us will be immediately terminated and this Arbitration Agreement, as in effect immediately prior to the amendments you reject will survive.

Enforceability. If this Section is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.

13.        General Provisions

Governing Law.  This Agreement and any dispute of any sort that might arise between you and Lobus shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of New York, U.S., without respect to its choice of law principles. If a lawsuit or court proceeding is permitted under this Agreement, you and Lobus, agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the Borough of Manhattan, City of New York, State of New York for the purpose of litigating any dispute.

No Waiver.  No failure or delay by Lobus in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

Severability.  If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of the Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from the Agreement but the rest of the terms of the Agreement will remain in full force and effect.

Headings.  The headings in this Agreement are for convenience only and have no legal or contractual effect.

Force Majeure.  Lobus will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Entire Agreement.  This Agreement represents the entire understanding between the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between you and Lobus regarding its subject matter, and may not be amended, altered or waived.

Assignment.  You may not assign these Terms without the prior written consent of Lobus but we may assign these Terms without any notice to you.

14.        Changes

We may change, discontinue, or delete any feature of the Service (including the Service as a whole) or change or remove any features or functionality.

We may modify these Terms from time to time. If we make material changes to these Terms, we will notify you by posting the changes here and we will change the “Last Updated” date, listed above. You agree that such modifications may become effective immediately. Your continued use of the Service following notice of such changes shall indicate your acknowledgement and agreement to be bound by the terms and conditions of such changes. If you do not agree to, or cannot comply with, these Terms as amended, you must stop using the Services.

15.        Contact Us

If you have any questions or concerns about these Terms of Use or our Privacy Policy, please contact us at info@lobus.io