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Welcome and thank you for visiting our website at www.LandingLion.com or any subsite or subdomain, or any mobile application which references these Terms of Use (collectively, the “Site”).  Below are the Terms of Service (the “Terms”) for the Site and the Subscription Service.  We recommend that you carefully review these Terms before making use of the Site or Subscription Service (as defined below).  If you have any questions or concerns regarding these Terms, please contact us at Legal@LandingLion.com.

These Terms govern the relationship between Landing Lion, Inc., a Delaware corporation (referred to herein as “Landing Lion”, “we”, “us” or “our”) and you (“User”, “you” or “your”), the person accessing or otherwise making use of our Site located at www.LandingLion.com and/or registering for a Landing Lion Account (as defined below) or otherwise accessing or making use of the Site, Landing Lion Account or our Subscription Service. These Terms constitute a legally binding agreement between you and Landing Lion.  Accordingly, we advise you to read these Terms carefully before accessing or otherwise making use of the Site or Subscription Service.  You and Landing Lion may each be referred to in these Terms individually as a “Party” and together as the “Parties,” as context so requires.

NOTICE OF BINDING ARBITRATION

ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “20” BELOW. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION” CAREFULLY.

01

Acceptance of this Agreement

1.1. Acceptance

Please read the Terms carefully before you start to use the Website. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.LandingLion.com/privacy. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.  Please note that certain uses of the Site or Subscription Service may be subject to separate agreements that will be provided to you prior to such use.

1.2. Restrictions on Acceptance.

When you access or otherwise make use of the Site or the Subscription Service you acknowledge and agree that:

a. if you are accepting these Terms on behalf of any legal entity, including any company, organization, government, or governmental agency, you have been authorized to do so and to act on behalf of such legal entity; 

b. you have read and understand all of the provisions, terms and conditions set forth in these Terms;

c. you will be bound by all of the provisions, terms and conditions set forth in these Terms;

d. you are at least eighteen (18) years of age;

e. you have the right, authority and capacity to enter into these Terms and to abide by all terms and conditions of these Terms;

f. you have not previously used the Subscription Service through an Account which Landing Lion has terminated or suspended in accordance with the terms and conditions of these Terms;

g. you have a valid email address; and

h. these Terms are the legal equivalent of a signed, written contract between you and Landing Lion.

IF YOU ARE UNABLE OR UNWILLING TO CONFIRM THE ABOVE STATEMENTS, THEN YOU MUST NOT ACCEPT THESE TERMS OR OTHERWISE ACCESS OR MAKE USE OF THE SITE OR SUBSCRIPTION SERVICE.  PLEASE NOTE THAT, EVEN IF YOU AGREE TO AND ACKNOWLEDGE THE REPRESENTATIONS IN SECTION 1.2, CERTAIN OF OUR TRUSTED THIRD PARTY SUBSCRIPTION SERVICE PROVIDERS MAY REJECT YOUR REGISTRATION APPLICATION FOLLOWING THE REGISTRATION PROCESS BASED ON SUCH SUBSCRIPTION SERVICE PROVIDER’S INTERNAL ASSESSMENT PROCESS AND YOU MAY NOT BE ABLE TO MAKE USE OF THE SUBSCRIPTION SERVICE AS A RESULT.

02

Definitions; Interpretation

2.1. Definitions

Unless context requires otherwise, capitalized terms not defined within these Terms shall have the following meanings:

a. “Affiliate” means, with respect to a Party, any person, firm, corporation, partnership (including general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such Party. 

b. “Applicable Law” means any and all applicable federal, state and local laws, statutes, ordinances, regulations, rules, opinions, interpretive letters and other official releases of or by any government, or any authority, department or agency thereof which are now in effect or which may come in to effect at any time during the Term (defined below).

c. “Application” refers to Landing Lion’s interactive software platform which allows Users to access and use the Subscription Services and which may be downloaded from an App Store (defined in Section 14) to a User’s mobile device or which may be otherwise accessed by a User online through the Internet at our Site.

d. “Content” means any texts, pictures, graphics, logos, button items, images, works of authorship and other content (collectively with all information about the Site and Subscription Service).

e. “Landing Lion Account” means your Landing Lion user account which you must register for through the Site in order to use the Subscription Service.

f. “Personal Information” means information that is unique to you and may include your name, your home or other physical address, your email address, your telephone number, and other information that identifies you.

g. “Subscription Service” means the Landing Lion marketing services offered at the Site.

h. “User Information” means the Personal Information that you provide to us in order to make use of your Landing Lion Account, the Site or the Subscription Service, as further described in Section 6.1.

2.2. Interpretation

IF YOU ARE UNABLE OR UNWILLING TO CONFIRM THE ABOVE STATEMENTS, THEN YOU MUST NOT ACCEPT THESE TERMS OR OTHERWISE ACCESS OR MAKE USE OF THE SITE OR SUBSCRIPTION SERVICE.  PLEASE NOTE THAT, EVEN IF YOU AGREE TO AND ACKNOWLEDGE THE REPRESENTATIONS IN SECTION 1.2, CERTAIN OF OUR TRUSTED THIRD PARTY SUBSCRIPTION SERVICE PROVIDERS MAY REJECT YOUR REGISTRATION APPLICATION FOLLOWING THE REGISTRATION PROCESS BASED ON SUCH SUBSCRIPTION SERVICE PROVIDER’S INTERNAL ASSESSMENT PROCESS AND YOU MAY NOT BE ABLE TO MAKE USE OF THE SUBSCRIPTION SERVICE AS A RESULT.

03

Amendments

Landing Lion reserves the right to change, modify, supplement, or update these Terms (each such change, modification or supplement, an “Amendment”), from time to time without advance notice by posting such Amendment on the Site.  We encourage you to periodically visit these Terms to check for any Amendments.  In the event that an Amendment to these Terms materially modifies your rights or obligations we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the website or sending notices to you at your email address.  You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the Site or Subscription Service after such Amendment is posted.  Unless otherwise indicated, any new Subscription Service added to the Site will also be subject to these Terms effective upon the date of any such addition.  You are encouraged to review the Site and these Terms periodically for updates and changes.  The most current version of these Terms will be effective as of the date specified in the “Last Updated” legend set forth above.

04

Privacy

Landing Lion reserves the right to change, modify, supplement, or update these Terms (each such change, modification or supplement, an “Amendment”), from time to time without advance notice by posting such Amendment on the Site.  We encourage you to periodically visit these Terms to check for any Amendments.  In the event that an Amendment to these Terms materially modifies your rights or obligations we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the website or sending notices to you at your email address.  You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the Site or Subscription Service after such Amendment is posted.  Unless otherwise indicated, any new Subscription Service added to the Site will also be subject to these Terms effective upon the date of any such addition.  You are encouraged to review the Site and these Terms periodically for updates and changes.  The most current version of these Terms will be effective as of the date specified in the “Last Updated” legend set forth above.

05

Transferability of Access or Rights

Landing Lion reserves the right to change, modify, supplement, or update these Terms (each such change, modification or supplement, an “Amendment”), from time to time without advance notice by posting such Amendment on the Site.  We encourage you to periodically visit these Terms to check for any Amendments.  In the event that an Amendment to these Terms materially modifies your rights or obligations we will take commercially reasonable measures to notify you of such Amendment, which may include posting notices on the website or sending notices to you at your email address.  You acknowledge and agree that you will be bound by any such Amendment if you continue to access or use the Site or Subscription Service after such Amendment is posted.  Unless otherwise indicated, any new Subscription Service added to the Site will also be subject to these Terms effective upon the date of any such addition.  You are encouraged to review the Site and these Terms periodically for updates and changes.  The most current version of these Terms will be effective as of the date specified in the “Last Updated” legend set forth above.

06

Account Registration; Fees

6.1. Account Registration

Subscription Service you will be required to provide certain personal information in order to create your Landing Lion Account and use the Subscription Service (“Registration”).  Such personal information may include your name, your home or other physical address, your email address, your telephone number, and your Account settings and preferences (collectively, “User Information”).  By registering your Account and signing up for the Subscription Service, you acknowledge and agree that you willingly submit your Personal Information and User Information for our use as may be necessary for us to provide the Subscription Service to you and for any other purpose permitted under law and our Privacy Policy.

6.2. Password

Subscription Service you will be required to provide certain personal information in order to create your Landing Lion Account and use the Subscription Service (“Registration”).  Such personal information may include your name, your home or other physical address, your email address, your telephone number, and your Account settings and preferences (collectively, “User Information”).  By registering your Account and signing up for the Subscription Service, you acknowledge and agree that you willingly submit your Personal Information and User Information for our use as may be necessary for us to provide the Subscription Service to you and for any other purpose permitted under law and our Privacy Policy.

6.3. Paid Features Available Through the Subscription Services

Subscription Service you will be required to provide certain personal information in order to create your Landing Lion Account and use the Subscription Service (“Registration”).  Such personal information may include your name, your home or other physical address, your email address, your telephone number, and your Account settings and preferences (collectively, “User Information”).  By registering your Account and signing up for the Subscription Service, you acknowledge and agree that you willingly submit your Personal Information and User Information for our use as may be necessary for us to provide the Subscription Service to you and for any other purpose permitted under law and our Privacy Policy.

a. Refund Policy.  Refunds for the Subscription Services, if any, will be made only in accordance with our Refund Policy available at www.LandingLion.com/refund.

b. Authorization to Use Payment Method Provided.  By using any paid feature, you (i) authorize Landing Lion to charge you a fee at the then current rate, and any other charges you may incur in connection with your use of the Subscription Services; and (ii) represent and warrant to Landing Lion that you have the right and authority to use the payment method provided to Landing Lion.

c. Authorization for Third Party Processing.  You also authorize Landing Lion to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

d. Responsibility for Payments. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Subscription Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Subscription Services at the prices in effect when such charges are incurred. You shall pay all applicable fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Landing Lion by any authority in connection with or arising from the use of the Subscription Services, excluding taxes based upon Landing Lion’s net income. 

e. Failed Payments.  If your payment method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) Landing Lion may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Landing Lion reserves the right to either suspend or terminate your Subscription Service or your account with Landing Lion, including deletion of your data from the Site and Subscription Service. 

f. Disputes.  Except as may be set forth in our Refund Policy, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Landing Lion within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

g. Suspension for Non-Payment.  We may suspend your access to all or any part of the Subscription Service upon ten (10) days’ notice to you of non-payment of any amount past due. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.

07

Your Warranties to Landing Lion

In addition to the representations and warranties you make to Landing Lion under Section 1.2 represent and warrant to Landing Lion that (i) all information that you provide to us in connection with your use of the Site, Landing Lion Account or Subscription Service is up-to-date, accurate and truthful, (ii) you have the authority to share this information with us and to grant us the right to use this information as provided in these Terms, (iii) you have the right to grant us the licenses specified herein, if applicable, and (iv) your acceptance and use of the Subscription Service pursuant to these Terms does not violate any Applicable Law or other contract or obligation to which you are a party or by which you are otherwise bound.

08

Accuracy and Changes to User Information

You agree to provide your accurate, up-to-date and truthful User Information during Registration and when you otherwise access or make use of your Landing Lion Account, the Site or the Subscription Service.  You further agree to promptly update all your User Information whenever the information provided to us by you is found to be in error or becomes inaccurate.  You can update your information by contacting us at Legal@LandingLion.com.  We are not responsible for any Subscription Service-related issues or errors arising from your failure to submit or maintain current and accurate User Information.  If we determine, in our sole discretion, that you have failed to submit or maintain current and accurate User Information, we may temporarily suspend or terminate your access to your Landing Lion Account, the Site or the Subscription Service. 

09

Disclosure and Consent to Electronic Communications

9.1. Consent to Electronic Communications

When you accept these Terms, you acknowledge that Landing Lion may provide certain information, including information regarding your use of the Site, the Subscription Service, and Landing Lion Account (“Communications”), to you electronically through email, the Site or Subscription Service, the Landing Lion Account or links to notices posted on the Site, unless and until you withdraw your consent or “opt out” as described below.  You understand that the communications referenced in this section do not include SMS text messages unless you otherwise give your express consent to receive SMS text messages for this purpose.  You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing.  You further agree that any Communications provided by us electronically are deemed to be given and received on the date we transmit any such Communication as described in these Terms. The categories of Communications that may be provided by electronic means include:

a. any Amendments to these Terms;

b. disclosures or notices provided in connection with the Subscription Service, including any such notice required by Applicable Law;

c. any statements concerning your Landing Lion Account;

d. any customer service communications, including communications with respect to claims of error or unauthorized use of your Landing Lion Account, the Sites or the Subscription Service; and

e. any other communication related to the Site or Subscription Service.

Although Landing Lion reserves the right to provide Communications in paper format at any time, you agree that Landing Lion is under no obligation to do so unless you first notify us, in writing, of your request to receive further communications in a paper format and your decision to opt out of receiving Communications.  All Communications in either electronic or paper format will be considered to be “in writing.”  You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records.  If you do not wish to enter into these Terms electronically, you may not use your Landing Lion Account, the Site or the Subscription Service.

9.2. Timing of Communications

Any electronic Communications will be deemed to have been received by you no later than five (5) business days after Landing Lion sends it to you by email or posts such Communication on the Site or through the Subscription Service, whether or not you have received the email or retrieved the Communication from the Site or Subscription Service.  An electronic Communication by email is considered to be sent at the time that it is directed by Landing Lion's email server to your email address.  You agree that these are reasonable procedures for sending and receiving electronic Communications.

9.3. Updated User Information

You agree to promptly update your User Information if such information changes so that Landing Lion may contact you electronically.  You may update your User Information, such as your email address, as described in Section 8 of these Terms.  You understand and agree that if Landing Lion sends you an electronic Communication, but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive such electronic Communications, Landing Lion will be deemed to have provided the Communication to you. 

9.4. System Specifications

In order to access, view, and retain electronic Communications that Landing Lion provides to you, you must have access to: (i) a computer with an Internet connection; (ii) a current or previous major release version (up to the second most recent version) of either Firefox, Internet Explorer, Chrome, or Safari with cookies enabled and Adobe Acrobat Reader to open documents in “.pdf” format; (iii) sufficient electronic storage capacity on your computer's hard drive or other data storage unit to save past Communications and/or an installed printer to print them; and (iv) an email account with an Internet service provider and email software. Your access to this page through your device verifies that your device meets these requirements.

9.5. Reservation of Rights

Landing Lion reserves the right, in its sole discretion, to discontinue the provision of electronic Communications to you, or to terminate or change the terms and conditions under which Landing Lion provides electronic Communications.  Landing Lion will provide you with notice of any such termination or change as may be required by Applicable Law.r

10

Ownership of Content and Subscription Service

You acknowledge and agree that, except as otherwise expressly stated, all text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Landing Lion, the Site or the Subscription Service, “Content”) appearing on your Landing Lion Account, the Site or the Subscription Service is the copyrighted work of Landing Lion or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Landing Lion and is protected by U.S. and international copyright laws.  You may download information from your Landing Lion Account, the Site, or the Subscription Service and print out a hard copy for your personal use provided that you keep such hard copies intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information.  Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site or Subscription Service, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Landing Lion or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Landing Lion. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Landing Lion does not warrant or represent that your use of Content or the Subscription Service will not infringe rights of third parties. r

11

Disclosure and Consent to Electronic Communications

11.1. Submissions

When you accept these Terms, you acknowledge that Landing Lion may provide certain information, including information regarding your use of the Site, the Subscription Service, and Landing Lion Account (“Communications”), to you electronically through email, the Site or Subscription Service, the Landing Lion Account or links to notices posted on the Site, unless and until you withdraw your consent or “opt out” as described below.  You understand that the communications referenced in this section do not include SMS text messages unless you otherwise give your express consent to receive SMS text messages for this purpose.  You agree that all agreements, notices, disclosures and other Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing.  You further agree that any Communications provided by us electronically are deemed to be given and received on the date we transmit any such Communication as described in these Terms. The categories of Communications that may be provided by electronic means include:

11.2. License to Landing Lion

Except as set forth in our Privacy Policy, Landing Lion does not claim ownership of your Submission in its original form; however, by providing a Submission, you hereby grant to Landing Lion and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Submission in any and all media, whether now known or hereinafter created, throughout the world and for any purpose related to the business of Landing Lion. By uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to Landing Lion include but are not limited to the right to aggregate, summarize, analyze, resize, crop, censor, compress, edit, feature, caption, and to otherwise alter or make use of your Submission.

11.3. No Privacy in Submissions

Subject to our Privacy Policy, and limits under applicable law with regard to identifiable information, you understand and intend that by providing your Submission to Landing Lion, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree, subject to the Privacy Policy and Applicable Law, that Landing Lion is the full owner of all right, title, and interest in any content or information extracted, derived, or otherwise created from such Submission, and you agree to hold Landing Lion and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any Landing Lion site, or any other use authorized under these Terms, of your Submission.  You further hereby agree that any Submission by you will be accurate and will not be intended to mislead, harm or cause damage to Landing Lion, any User, any Third Party or any other party, and you agree to indemnify, defend and hold harmless Landing Lion against any and all claims, liabilities and damages caused by any Submission from you or any Third Party.

12

Feedback

Please be advised that if you send or submit to Landing Lion creative ideas, suggestions, inventions, or materials (“Feedback”), Landing Lion shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.r

13

Limited License and Site Access; All Rights Reserved

Please be advised that if you send or submit to Landing Lion creative ideas, suggestions, inventions, or materials (“Feedback”), Landing Lion shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.r

14

App Store Terms of Subscription Service

14.1. App Provider Terms

The following terms apply to any Subscription Service accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Subscription Service may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

a.  These Terms are concluded between you and Landing Lion, and not with the App Provider, and that Landing Lion (not the App Provider), is solely responsible for the Subscription Service.

b.  The App Provider has no obligation to furnish any maintenance and support services with respect to the Subscription Service.

c.  In the event of any failure of the Subscription Service to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Subscription Service to you (if applicable) and to the maximum extent permitted by Applicable Law, the App Provider will have no other warranty obligation whatsoever with respect to the Subscription Service.  Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Landing Lion.

d.  The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Subscription Service or your possession and use of the Subscription Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Subscription Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

e.  In the event of any third party claim that the Subscription Service or your possession and use of the Subscription Service infringes that third party’s intellectual property rights, Landing Lion will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

f.  The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Subscription Service, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Subscription Service against you as a third party beneficiary thereof.

g.  You must also comply with all applicable third party terms of service when using the Subscription Service.a

15

Your Use of the Subscription Service

15.1. Use of Subscription Service in Accordance with these Terms and Applicable Law

You will not use the Site or Subscription Service for any illegal purpose.  You will only use the Site or Subscription Service in accordance with the terms and conditions of these Terms and Applicable Law.

15.2. Responsibility for User Information; Unauthorized Access and Transfers

You hereby acknowledge and agree that you are responsible for maintaining and protecting accurate and current User Information.  If you believe that your User Information or a device that you use to access any Site has been lost or stolen, that someone is using the Site or Subscription Service with your User Information and without your authorization, or that an unauthorized transaction has occurred, you must notify us immediately at Legal@LandingLion.com

16

Prohibited Use

16.1. Prohibited Use of Site

Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Landing Lion to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Landing Lion,  or (vii) any use other than the business purpose for which it was intended, is prohibited.  In addition, in connection with your use of the Site, you agree you will not:

a.  provide your User Information (including your Landing Lion Account log in credentials), Landing Lion Account information, or access to the Subscription Service to any third party unless such third party is a trusted third party service provider of Landing Lion;

b.  upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

c.  create a false identity for the purpose of misleading others or impersonate any person or entity, including any Landing Lion representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d.  upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

e.  upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

f.  delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

g.  use the Site's or Subscription Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

h.  upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;

i.  violate any Applicable Law or international law;

j.  upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

k.  delete or revise any material posted by any other person or entity; 

l.  manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage in accordance with the limited license outlined above; 

m.  probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems;

n.  register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Subscription Service if you are not expressly authorized by such party to do so;

o.  harvest or otherwise collect information about others, including e-mail addresses; or

p.  use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site.

16.2. Monitoring and Enforcement; Termination.

We have the right to:

a.  Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

b.  Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Landing Lion.

c.  Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. 

d.  Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

e.  Terminate or suspend your access to all or part of the Website for any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS LANDING LION AND ITS AFFILIATES, LICENSEES AND SUBSCRIPTION SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

17

Indemnification

You agree to release, indemnify, and hold harmless Landing Lion and its Affiliates, and their respective officers, directors, employees and agents, (“Indemnified Persons”) harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way related to: (i) your access to, use of, or inability to use the Site or Subscription Service; (ii) your breach of these Terms; (iii) your violation of any rights of a third party; (iv) your violation of any Applicable Law; or (v) your failure to provide and maintain true, accurate, current and complete User Information.a

18

Warranties and Disclaimers

18.1. Limitation of Liability.

a.  YOU UNDERSTAND AND AGREE THAT LANDING LION,  ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, OR ANY RELATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, SUBSCRIPTION SERVICE OR THIS AGREEMENT, EVEN IF LANDING LION HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE YOUR LANDING LION ACCOUNT, THE SITE, AND SUBSCRIPTION SERVICE OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SUBSCRIPTION SERVICE RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SUBSCRIPTION SERVICE OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE OR SUBSCRIPTION SERVICE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE AND SUBSCRIPTION SERVICE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SUBSCRIPTION SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE LANDING LION DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.

b.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

18.2. No Warranties

a.  YOU EXPRESSLY AGREE YOUR USE OF THE SITE AND SUBSCRIPTION SERVICE IS AT YOUR SOLE RISK.  THE SITE, SITE CONTENT AND SUBSCRIPTION SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LANDING LION,  AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SITE AND SUBSCRIPTION SERVICE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SITE CONTENT OR SUBSCRIPTION SERVICE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SUBSCRIPTION SERVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR ACCESSED THROUGH THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SUBSCRIPTION SERVICE; (6) WARRANTIES THAT YOUR USE OF THE SITE OR SUBSCRIPTION SERVICE WILL BE SECURE OR UNINTERRUPTED; VIRUS-FREE OR ERROR-FREE AND (7) WARRANTIES THAT ERRORS IN THE SITE OR SUBSCRIPTION SERVICE WILL BE CORRECTED.

b.  Landing Lion does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, Subscription Service, text, graphics, and or links associated with the Site.  If your use of the Site or the materials, Subscription Service, text, graphics, and or links associated with the Site results in the need for servicing or replacing equipment or data, Landing Lion is not responsible for those costs.

19

Term and Termination

19.1. Term

You will not use the Site or Subscription Service for any illegal purpose.  You will only use the Site or Subscription Service in accordance with the terms and conditions of these Terms and Applicable Law.

19.2. Termination Rights of Landing Lion

Landing Lion may terminate these Terms at any time in its sole discretion.

19.3. Your Termination Rights

You may terminate these Terms at any time by ending your use of the Site and the Subscription Service and notifying Landing Lion by email at Legal@LandingLion.com.

20

Binding Arbitration

20.1. Arbitration Process

Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Atlanta, Georgia office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures.  The arbitration shall be conducted by a licensed attorney or retired judge who is admitted in both federal and state courts, with experience in securities law. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

20.2.

YOU AGREE THAT, IF YOU DECIDE TO OPEN A LANDING LION ACCOUNT AND/OR USE THE SUBSCRIPTION SERVICE, YOUR RELATIONSHIP WITH LANDING LION WILL BE GOVERNED BY THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENTS. YOU FURTHER AGREE THAT, IF YOU DECIDE TO OPEN AN ACCOUNT AND/OR USE THE SUBSCRIPTION SERVICE, THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENT SUPERSEDES THE ARBITRATION PROVISIONS OF THESE TERMS OF SUBSCRIPTION SERVICE.

21

Right of Use

Subject to the provisions in these Terms, you may use the Subscription Service, Site, and mobile app for non-commercial purposes to: (i) learn about the Subscription Service; (ii) learn about the Site, Subscription Service, and Landing Lion; (iii) enter into these Terms; (iv) open a Landing Lion Account to participate in the Subscription Service; (v) access statements and confirmations regarding transactions in connection and the value of your Landing Lion Account; (vi) access and print or download copies of the current version of these Terms, and other documentation relating to the Subscription Service; and (vii) make such other use of the Site and Subscription Service as we may expressly permit from time to time in furtherance of the objectives and growth of the Subscription Service. Subject to these Terms, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site, the Subscription Service and their respective content and services in accordance with these Terms, and for no other purpose. All rights, title and interest in and to the user interface and Site, including any software, on or through the Site and Subscription Service shall belong to Landing Lion or our licensors and suppliers, including all modifications thereof and enhancements thereto. The content and user interface made available from, on or through the Site or Subscription Service may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms is solely for your personal use (but not for resale or redistribution) as a user of the Site or Subscription Service and may not be used for any other purposes.  No ownership rights are granted to you hereunder and no title is transferred hereby.r

22

Relationship of the Parties

Subject to the provisions in these Terms, you may use the Subscription Service, Site, and mobile app for non-commercial purposes to: (i) learn about the Subscription Service; (ii) learn about the Site, Subscription Service, and Landing Lion; (iii) enter into these Terms; (iv) open a Landing Lion Account to participate in the Subscription Service; (v) access statements and confirmations regarding transactions in connection and the value of your Landing Lion Account; (vi) access and print or download copies of the current version of these Terms, and other documentation relating to the Subscription Service; and (vii) make such other use of the Site and Subscription Service as we may expressly permit from time to time in furtherance of the objectives and growth of the Subscription Service. Subject to these Terms, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the user interface of the Site, the Subscription Service and their respective content and services in accordance with these Terms, and for no other purpose. All rights, title and interest in and to the user interface and Site, including any software, on or through the Site and Subscription Service shall belong to Landing Lion or our licensors and suppliers, including all modifications thereof and enhancements thereto. The content and user interface made available from, on or through the Site or Subscription Service may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms is solely for your personal use (but not for resale or redistribution) as a user of the Site or Subscription Service and may not be used for any other purposes.  No ownership rights are granted to you hereunder and no title is transferred hereby.r

23

General Terms

23.1. Waiver

Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) selected from and administered by the Atlanta, Georgia office of JAMS (“JAMS”), in accordance with its then-existing Comprehensive Arbitration Rules & Procedures.  The arbitration shall be conducted by a licensed attorney or retired judge who is admitted in both federal and state courts, with experience in securities law. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator and JAMS; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right to bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

23.2. Governing Law; Consent to Jurisdiction; Waiver of Jury Trial

These Terms will be deemed entered into in the State of Georgia and will be governed by and interpreted in accordance with the laws of the State of Georgia, excluding without regard to conflicts of law.  The Parties agree that any dispute arising under these Terms will be resolved exclusively in the state or federal courts in Georgia and the Parties hereby expressly consent to jurisdiction therein, waiving any defenses of jurisdiction or forum non conveniens.  THE PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY.

23.3. Third Party Beneficiaries

Except as limited herein, these Terms and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns.  Nothing in these Terms, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.

23.4. Entire Agreement

These Terms, as may be amended from time to time, and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements.  Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

23.5. Survival

All provisions of these Terms that by their nature extend beyond the expiration or termination of these Terms, including Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 18, 19, 20, and 23 and the definitions herein as applicable to interpretation of the foregoing shall survive the termination of these Terms.

23.6. Severability

If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the Parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms.

23.7. Assignment

You may not transfer or assign these Terms nor any of your rights hereunder to any third party and any attempt to so transfer or assign will be rendered null and void.  Notwithstanding the foregoing, Landing Lion may assign these Terms or any rights hereunder without consent: (i) to an entity that acquires all or substantially all of its stock, assets or business; or (ii) to an Affiliate. Except as provided in this section, any attempts by either Party to assign any of its rights or delegate any of its duties hereunder without the prior written consent of the other Party shall be null and void.

23.8. Contact Us

If you have any questions about these Terms, please contact us as described on the website under “Contact Us” or at the email address or phone number provided below.  We will attempt to respond to your questions or concerns promptly after we receive them.

E-mail: Legal@LandingLion.com  

Call: (678) 765-9889

Address:

675 Ponce de Leon Avenue NE

Suite 9500

Atlanta, GA, 30308

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