1.1 Age Requirement
By accessing or using the Service, you represent that you are at least 18 years of age and have full legal capacity. If you are under 18 years of age, you may NOT use the Service. The Service is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use the Service if we have previously banned you.
1.2 No Criminal Record
By registering to use, or using the Service, you represent to us that you have never been convicted of a felony and have never been required to or are not currently registered as a sex offender with any government entity.
The Service is provided to and accessed by users solely at our office at 3753 Howard Hughes Parkway, Suite 200-1008, Las Vega, NV 89169, USA (the “Business Location”). You agree that, by accessing and using the Service, or any part thereof, you are choosing of your own volition to accept to be bound by these Terms and that you are availing yourself of the Service at the Business Location. LYZ makes no representations or warranties that the Service is appropriate or available for users accessing the Service at the Business Location from any location outside the United States. BEFORE YOU ATTEMPT TO ACCESS THE WEBSITE FROM ANY LOCATION OUTSIDE THE UNITED STATES, BE AWARE THAT THE WEBSITE MAY CONTAIN CONTENT OR LINKS TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE, OR THAT ARE PROHIBITED, IN THE LOCATION OUTSIDE THE UNITED STATES; AND THAT YOU THEREFORE ACCESS THE SERVICE SOLELY AT YOUR OWN RISK.
We reserve the right to modify, amend, or otherwise change these Terms, in whole or in part, at any time and at our sole discretion. Such changes to the Terms will take effect as of the “Last updated” date stated at the beginning of these Terms. Each time you access the Service, you agree to be bound by the most current version of the Terms. However, it is ultimately your responsibility to review the Terms for any changes before using the Service. You may not change any elements of the Terms without our prior written consent. By continuing to use the Service, you thereby consent to any and all updates to the Terms.
Upon any access or use of the Service, the Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
3.1 Limited License to Use the Service
You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by LYZ, its third-party providers and other respective owners, if any.
Subject to all conditions, restrictions, and eligibility requirements described herein, we grant you a limited, non-transferrable, non-exclusive, royalty-free, worldwide, revocable license to access and use the Service for your own lawful, personal, and non-commercial purposes. This license is not a sale and does not grant any ownership right, title, interest, or any other rights in the Service.
If you breach any provision of these Terms, the above license will terminate automatically.
3.2 User Accounts
To access the full features of the Service, you will need to create an Account.
(a) Account Registration and Password. You may create an Account by registering with a new user name and password. You may not have more than one Account or profile, nor may you apply to open an alternative account if your Account is suspended, restricted, or terminated for any reason. By creating an Account, you give us and all users of the Service the ability and right to view your profile and all other Content that you ever write, publish, or submit through our Service. For more information regarding what we collect from you and how we use it, please consult the Privacy Notice.
(b) Responsibility for Your Account. You are solely responsible for your Account, password and profile. So long as you have an Account on the Service, you agree to safeguard your login credentials and to supervise and take full responsibility for any use of and activity on your Account by you or anyone other than you (whether authorized by you or not), which includes all content that can be linked or traced back to your Account, as well as any communications you have with other users. You agree to immediately notify us of any unauthorized use of your Account, password, or profile and to report a lost or stolen Account to us at: firstname.lastname@example.org. YOU ACKNOWLEDGE AND AGREE THAT: (1) NONE OF THE COMPANY OR ANY AFFILIATES OR PARTNERS WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO ONE OR MORE OF THE COMPANY AND OTHER USERS OF THE SERVICE.
(c) Limited Commercial Use. You may NOT use any information obtained from the Service to advertise to, solicit, or sell to any other user without his or her prior explicit consent. LYZ may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including collecting information of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
(d) Account Disablement. You may disable your Account at any time, for any reason, by sending us an email at email@example.com. LYZ also reserves the right to terminate, restrict, or suspend your Account at any time with or without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, at our sole discretion. LYZ is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. If your Account is terminated for any reason, all of these Terms will survive such termination.
3.3 Fees and Payments
Access to our Service is currently free for all users. LYZ reserves the right to, in our sole discretion and by providing prior notice to you on the Website, begin charging fees for access to the Service or certain features and promotions. If we notify you of any new fees or changed fees for an existing feature(s) or promotion(s) on the Service, and you agree to continue using such feature(s) under the new payment terms as offered, you may opt-in to pay all such fees along with all applicable taxes for your continued use of the feature(s) or promotion(s). We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms, such as charges for overdrawn accounts or exceeding account limits.
3.4 Information About You
We may receive, gather, collect, retain, disclose, and otherwise use, certain personally-identifying and other information about you in a manner governed by our Privacy Notice. LYZ may use such information without monetary compensation to you and in consideration for the various services and Content provided or made available to you through the Website as detailed in our Privacy Notice.
You are solely responsible for the safekeeping of your information, and you agree to supervise and take full responsibility for any use of your information by you or anyone other than you (whether authorized by you or not). YOU ACKNOWLEDGE AND AGREE THAT: (1) NEITHER LYZ NOR ANY AFFILIATE OR PARTNER WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR INFORMATION; AND, (2) THE UNAUTHORIZED USE OF YOUR INFORMATION COULD CAUSE YOU TO INCUR LIABILITY TO LYZ.
3.5 Restrictions on Your Use of the Service
You agree that you will NOT use the Service, or any portion(s) thereof in any way not expressly permitted by these Terms or in any way that violates the governing law or any other applicable local, state, national and international laws and regulations of your residence and location; and that if you do, we reserve the right to terminate your access to and use of the Service, and you may be subject to various liabilities under the applicable laws. Specifically, you represent, warrant, and agree that you will NOT:
(a) use the Service in a way that violates any law or infringes the rights of any person;
(b) use the Service to sell access to the Service, gain advertising or subscription revenues, or collect, data-mine, or harvest personally identifiable information for your profit;
(c) act as an agent, affiliate, or representative of LYZ or the Service;(d) suggest or imply that LYZ or the Service has any relationship or affiliation with any other company or services, or that LYZ endorses, sponsors, or recommends the contents, products or services on any website, webpage, or other platform;
(e) modify, translate, adapt, edit, transform, or otherwise create derivative works of or from any part of the Service;
(f) circumvent, hack, disable, decompile, reverse-engineer, DDOS attack, password sniff, inject malicious code into, or interfere in any way with security-related features, robot-exclusion headers, technical measures, algorithms, source code, or digital rights management tools that restrict or limit use or copying of the Service;
(g) impose, in our opinion, an unreasonable or disproportionately large burden on our infrastructure;
(h) deep-link to any portion of the Service for any purpose; and,
(i) frame, mirror, or otherwise incorporate any part of the Service into any other website, webpage, mobile application, product, or service unless you have LYZ's express permission to do so.
Additionally, you acknowledge and agree that you (and not LYZ) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software and services needed for you to access and use the Service, and for paying all charges related thereto.
3.6 Restrictions on Linking to the Service
Unless we provide you with written consent giving you broader rights to link or advertise on the Service, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.
4.1 Definition of Content
“Content” here means any information available on or transmitted through the Service, including, without limitation, the following: ideas, data, text, tags, script, posts, messages, comments, questions, slogans, newsletters, descriptions, pricing, tables, statistics, rankings, ratings, reviews, lists, maps, spreadsheets, models, pictures, photographs, presentations, drawings, graphics, logos, designs, brands, images, buttons, icons, widgets, interfaces, applications, application programming interfaces, software, source code, object code, digital files, compilations, compositions, sounds, sound recordings, audio clips, music, jingles, spoken word, performances, speeches, audio-visual works, interactive works, games, video games, movies, films, shows, videos, video clips, commercials, infomercials, advertisements, and all other materials, features and functions available on or through the Website, or any other content through the Website that is copyrighted and/or trademarked work of LYZ.
4.2 You are Responsible for Your Content
You are solely responsible for the Content that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post”) on the Service or transmit to other users whether publicly posted or privately transmitted. You may not Post as part of the Service, or transmit to LYZ or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially-offensive, sexually-explicit, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
4.3 Ownership and License of Your Content
With respect to your original or proprietary Content that you Post or create on the Service, you will retain all rights, title, and ownership interests to that Content. In exchange for the valuable consideration of the opportunity to publish and share your Content with others through the Service, you hereby agree that LYZ will automatically be granted a worldwide, perpetual, non-exclusive, sublicensable, transferrable and royalty-free license to that Content when it is first uploaded to or created on the Service. If any of your Content is modified or deleted by you or by LYZ, you understand that prior versions of such modified or deleted Content will continue to be licensed to and freely used by LYZ in such earlier form, and may persist in backup copies for a reasonable period of time (but that following modification or removal, we will not make them available publically on the Service) or may remain with users who have previously accessed and downloaded such prior versions of your modified or deleted Content. You also hereby grant LYZ a worldwide, perpetual, non-exclusive, sublicenseable, transferrable and royalty-free license to use your name, profile information, biography, photograph, and likeness in connection with such Content. You acknowledge that we may choose to use and reuse the Content in any way, with or without attribution, and at our sole discretion.
4.4 Changes and Other Uses of Content
You agree that this license also includes the right for LYZ to make your Content available to others for the publication, display, distribution, transmission, performance, syndication, or broadcast through any media and online platforms. Such additional uses by LYZ or others may be made with no monetary or other compensation. We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
4.5 Monitoring and Takedown of Your Content
You understand and agree that LYZ may, but is not obligated to, monitor or review any Content Posted on the Service. LYZ may also delete any Content, in whole or in part, that in the sole judgment of LYZ violates these Terms or may harm the reputation of the Service or LYZ.
4.6 Other Users' Content
Please use caution and common sense when using other users’ Content you may find on the Service. It is possible that you may be of the opinion that Content originating from other users on the Service is offensive, harmful, inaccurate, or deceptive to you. You understand and agree that you may only use the Service at your own risk and that you will not seek to hold us liable in any manner for Content provided or created by other users.
4.7 Conduct of Other Users
LYZ is not responsible for your conduct or the conduct of any other user of the Service. In no event will LYZ, our affiliates, partners, or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages.
4.8 Background Checks
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
4.9 Regulatory Compliance
You agree to insure that any information disseminated pursuant to the Service, whether such dissemination is made (a) by you or on your behalf by a person authorized to disseminate information on your behalf or (b) otherwise, in any case, complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b-5 and the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
4.10 Content of LYZ or Our Affiliates
We reserve the right to change or remove all Content from the Website for any reason and without notice to you. You may NOT reproduce Content found on the Website (except for Content that you Post) in other websites or platforms without obtaining our prior written consent.
The Service is also a platform for third parties to publish their own investment blogs and products (“Products”). The creators of the Products (“Creators”) may hold long or short positions in or derivatives of companies named in the Products and are free to buy or sell those positions at will. The Creators may take positions inconsistent with the views expressed in their Products or Content. Products available on the Website contain the Creators’ own opinions (and not those of LYZ), and none of the information contained therein constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that the Creators will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
This section does not apply to information that you supply by you to the Service that can identify you personally. LYZ believes in protecting your privacy. Please visit our current app.prophet.global/privacy which also governs your use of the Service, to understand our practices.
If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to LYZ, whether by letter, email, telephone, through the contact form on our Website, or otherwise (collectively, “Feedback”), all such Feedback is, and will be treated as non-confidential and non-proprietary. You hereby assign to LYZ all right, title, and interest in, and LYZ is free to use, without any attribution or compensation to you, any ideas, concepts, know- how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that LYZ is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. LYZ may use aggregated and statistical data derived from Website usage.
6.1 Links to Third-Party Websites
The Service may contain links and advertisements to other websites, webpages, smartphone applications, services, products, and other resources. LYZ has no control over such third party websites or resources, and you acknowledge and agree that we are not responsible for the availability of such websites, webpages, services, products, or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, or other materials on or available therefrom. You also acknowledge and agree that LYZ will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resource. Moreover, your correspondence and business dealings with other third parties found on our or through the Service, including payment and delivery of any advertised goods or services—and any other terms, conditions, warranties or representations associated with such dealings—are solely between you and such other user or third party. You agree that LYZ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users or other third parties on our Website.
6.2 Links From Third-Party Websites to LYZ Website
Unless we provide you with written consent giving you broader rights to link or advertise the Service on third party websites, you may only link or hyperlink to the Service elsewhere on the Internet and World Wide Web for non-commercial purposes. In doing so, you may NOT use any of our trademarks or trade names except in a plainly descriptive manner.
You may link to the Service only in compliance with these Terms, and only in the following instances:
(a) The link does not reproduce the Content, totally or partially, in any way;
(b) The link does not contain false, inaccurate or incorrect statements about LYZ or the Service, in particular, statements that imply that LYZ in any way authorizes or approves the provision of the link, or the products or services of the third-party where the link is provided;
(c) The look and feel of all Content that accompanies the link or is on the same page as the link (for example, the entire article in which the link appears, even if it is not all on the same page as the link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with LYZ’s name, reputation or any of its trademarks, trade names or service marks, as determined by LYZ in its sole discretion; and,
(d) The third-party websites or resources where you link the Service do not contain or promote illicit, illegal, vulgar, obscene, sexual, erotic, pornographic, degrading, or otherwise inappropriate Content, or racially, ethnically, or otherwise inappropriately discriminatory language as determined by us in our sole discretion.
We may revoke our consent to a link at any time, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three business days) remove all affected links from your website.
THE WEBSITE AND THE CONTENT PUBLISHED WITHIN THE WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. LYZ DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE SERVICE, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE. LYZ MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LYZ DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SERVICE, ITS SERVERS, OR ANY EMAIL SENT FROM LYZ, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LYZ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FORGOING DISCLAIMER MAY, IN WHOLE OR IN PART, NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYZ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE SERVICE MAY PROVIDE INFORMATION FROM OR LINKS TO CERTAIN BROKERAGE COMPANIES FOR YOUR CONVENIENCE ONLY. LYZ IS NOT A REGISTERED BROKER-DEALER AND DOES NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY BROKERAGE COMPANY. THE BROKERAGE COMPANY YOU SELECT (AND NOT LYZ) IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU. LYZ, ITS AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OF ANY BROKERAGE COMPANY.
IN NO EVENT SHALL LYZ (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF LYZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LYZ (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF $100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The remedies available to LYZ in these Terms are cumulative and in addition to any others available to LYZ. LYZ may seek all remedies available to it at law and in equity for any violation of these Terms. LYZ may suspend, terminate or block your access to the Service (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract.
We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Service. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) system administrators at Internet service providers, networks or computing facilities; and (iii) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Service, including, without limitation, your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena or other legal process or governmental or regulatory request.
13.1 Governing Law
These Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Service, shall be governed by and construed in accordance with U.S. federal law and the laws of Nevada, without regard to any principles of conflicts of law.
ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LYZ, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at http://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Middlesex County, New Jersey, United States, unless you and LYZ otherwise agree in writing. The arbitrator's decision will follow the terms of this Agreement and will be final and binding.
13.3 Irreparable Harm
Notwithstanding Section 12.2, you acknowledge that unauthorized use of the Service or other breach of these Terms could result in immediate and irremediable damage to LYZ, and that money damages alone would be inadequate to compensate LYZ. Therefore, in the event of your breach or threatened breach of any provision of these Terms, LYZ may, in addition to all other remedies, immediately obtain and enforce injunctive relief prohibiting the breach or compelling specific performance./p>
14.1 Relationship of the Parties
No agency, partnership, joint venture, or employment relationship is created or exists between you and LYZ or our affiliates unless expressly stated in another agreement.
The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. For any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. However, such waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.
14.3 Entire Agreement
These Terms constitute the full agreement in respect of your use of the Service, and supersede any other communication, understanding or agreement between you and LYZ concerning the Service.
If any provision of these Terms is deemed to be unenforceable or invalid by any court or arbitrator of competent jurisdiction, for any reason, that provision will be limited or severed to the extent necessary so that these Terms will otherwise remain in full force and effect.
You may not assign or transfer the Terms or any licenses and rights discussed herein. Any attempt by you to assign, transfer, delegate or sublicense the Terms, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the Terms or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
All notices we are required to give you may be delivered electronically by email or through the Website. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address. Notices we send you will be deemed delivered when emailed or otherwise transmitted by us.
All notices, approvals, requests or demands you make to LYZ, shall be in writing, and shall be sent by express courier as follows:
3753 Howard Hughes Parkway
Las Vegas, NV 89169
14.7 All Rights Reserved
All rights not expressly granted to you herein are reserved and not waived. We reserve the right to enforce our rights to the fullest extent permitted under the laws of any relevant jurisdiction, including criminal prosecution where available.