Terms of Service

Please read these terms of service ("terms of service", "terms") carefully before using website ("website", "service") operated by Lawrence Hartman ("Lawrence Hartman", "us", "we", "our").

These Lawrence Hartman Services Terms and Conditions ("Terms") govern access to and use of the Lawrence Hartman ("Lawrence Hartman," "we" or "us") websites and services (collectively, the "Site") by site visitors ("Site Visitors") and by individuals or entities who purchase services ("Lawrence Hartman Services") or create an account ("Account") and their Authorized Users (collectively, "Customers") or otherwise access or use the Site or Lawrence Hartman's Services. By using the Site or any Lawrence Hartman Services, you as a Site Visitor or Customer accept these Terms (whether on behalf of yourself or a legal entity you represent).

An "Authorized User" of a Customer is each an individual natural person, whether an employee, business partner, contractor, or agent of a Customer, who is registered or permitted by Customer to use the Lawrence Hartman Services subject to these Terms and up to any maximum number of users or uses specified at the time of purchase. Customers and Site Visitors may be referred to in these Terms as "you" and "your" as applicable.

If you are a Customer and you or your organization are bound by a Master Services Agreement with Lawrence Hartman ("Corporate Terms"), then these Terms will apply, if at all, only to use of the Site or any Lawrence Hartman Services to the extent such use is not already governed by such Corporate Terms.

BY ACCESSING, USING, OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY.

1. Updates and Communications

1.1 We may revise these Terms or any additional terms and conditions that are relevant to a particular Lawrence Hartman Service from time to time to reflect changes in the law or to the Lawrence Hartman Services. We will post the revised terms on the Site with a "last updated" date. PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE LAWRENCE HARTMAN SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that we shall not be liable to you or to any third party for any modification of the Terms.

1.2 You agree to receive all communications, agreements, and notices that we provide in connection with any Lawrence Hartman Services ("Communications"), including, but not limited to, Communications related to our delivery of the Lawrence Hartman Services and your purchase of or subscription to the Lawrence Hartman Services, via electronic means, including by e-mail, text, in-product notifications, or by posting them on the Site or through any Lawrence Hartman Services. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current.

2. Usage and Access Rights

2.1 Eligibility to Use. You represent and warrant that you are: (a) of legal age (18 years of age or older or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms; and (b) you (or your Authorized Users, as applicable) are not and will not when using the Site be located in, under the control of, or a national or resident of a U.S. embargoed country or territory and are not a prohibited end user under Export Control Laws. You acknowledge that you are not permitted to use the Site if you cannot make these representations. If Lawrence Hartman has previously prohibited you from accessing the Site or using the Lawrence Hartman Services, you are not permitted to access the Site or use the Lawrence Hartman Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms.

2.2 Limited License. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site for your internal business purposes and only as expressly permitted in these Terms and any applicable paid Customer plan that enables registration of an Account for the use of a Lawrence Hartman Service ("Subscription Plan") when applicable. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms. If you are or become a direct competitor of Lawrence Hartman, you may not access or use the Lawrence Hartman Services without Lawrence Hartman's explicit, advance, written consent, and then only for the purposes authorized in writing.

3. Ownership

3.1 Intellectual Property

The Site contains materials that are proprietary and are protected by copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws and treaties.

3.1.1 The Site is also protected as a collective work or compilation under copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. All present and future rights in and to trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how, and other intellectual property or other proprietary rights of any type shall, as between you and Lawrence Hartman, at all times be and remain the sole and exclusive property of Lawrence Hartman.

3.1.2 The trademarks, logos, taglines, and service marks displayed on the Site (collectively, the "Trademarks") are registered and unregistered Trademarks of Lawrence Hartman and others. The Trademarks may not generally be used in any advertising or publicity, or otherwise to indicate Lawrence Hartman's sponsorship of or affiliation with any product, service, event, or organization without Lawrence Hartman's prior express written permission.

3.1.3 Copyright. Lawrence Hartman respects copyright law and expects its users to do the same. If you believe that any content or material on the Site infringes copyrights you own, please notify us.

3.2 Software Use Restrictions

Software available for downloading through the Site or third-party websites or applications (the "Software") is the copyrighted work of Lawrence Hartman and third-party providers. Use of the Software is governed by these Terms. Unauthorized reproduction or distribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties.

4. Restrictions on Use of the Site

4.1 By using the Site, including any Lawrence Hartman Service, you specifically agree not to engage in any activity or transmit any information that, in our sole discretion:

• Is illegal, or violates any federal, state, or local law or regulation;
• Advocates illegal activity or discusses illegal activities with the intent to commit them;
• Violates any third-party right, including right of privacy, copyright, trademark, patent, trade secret, or any other intellectual property rights;
• Is harmful, threatening, abusive, harassing, defamatory, sexually explicit, discriminatory, vulgar, profane, obscene, or otherwise objectionable;
• Interferes with any other party's use and enjoyment of the Services;
• Attempts to impersonate another person or entity;
• Distributes computer viruses or other code that interrupt, destroy, or limit the functionality of any computer software or hardware;
• Interferes with, disrupts, disables, or overburdens the functionality of the Site or servers;
• "Hacks" or accesses without permission our proprietary or confidential records;
• Decompiles, reverse engineers, or disassembles the Site;
• Removes, circumvents, or interferes with security-related features;
• Uses automated means to violate robot exclusion headers or bypass access limitations;
• Uses the Lawrence Hartman Services for benchmarking or to compile information for a competing product.

If you believe content on the Site violates the above restrictions, please contact us at BlindGreed2020@gmail.com.

5. Privacy

5.1 Lawrence Hartman Privacy Policy. You acknowledge that except as described in these Terms or applicable Corporate Terms, the information you provide to us or that we collect will be used and protected as described in the Lawrence Hartman Privacy Policy.

5.2 Access & Disclosure. Except as described in these Terms or applicable Corporate Terms: (i) We may access, preserve, or share any of your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process; and (ii) We may also share your information in situations involving potential threats to the physical safety of any person, violations of the Lawrence Hartman Privacy Policy or our user agreements or terms.

6. Terms Specific to Lawrence Hartman Services

6.1 Right to Use Lawrence Hartman Services

Subject to these Terms, Lawrence Hartman will provide the Lawrence Hartman Services to Customers in accordance with each Customer's Subscription Plan, and Lawrence Hartman grants to each Customer a limited non-exclusive, non-transferable right and license during the Term, solely for its internal business purposes and in accordance with the Documentation.

6.2 Payment Terms

6.2.1 Subscription Plan. The prices, features, and options of the Lawrence Hartman Services depend on the Subscription Plan selected. Lawrence Hartman reserves the right to change the prices for or alter the features and options in a particular Subscription Plan without prior notice. Lawrence Hartman payment plans are billed on an annual basis even if customer selects to make payments monthly.

6.2.2 No Refunds. Except as expressly set forth in our Refund Policy on the website, customer will timely pay Lawrence Hartman all fees associated with its Subscription Plan, Account, or use of the Lawrence Hartman Services.

6.2.3 Recurring Charges. When you purchase a Subscription Plan, you must provide accurate and complete information for a valid payment method that you are authorized to use. BY COMPLETING REGISTRATION FOR A SUBSCRIPTION PLAN, CUSTOMER AUTHORIZES LAWRENCE HARTMAN OR ITS AGENT TO CHARGE ITS PAYMENT METHOD ON A RECURRING BASIS.

6.2.4 Late Fees & Collection Costs. If Lawrence Hartman does not receive payment from Customer's payment method, Customer agrees to pay all amounts due upon demand. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law.

6.3 Data

You shall be responsible for data that you provide or use in Lawrence Hartman Services. You are solely responsible for determining the suitability of the Lawrence Hartman Services for your business or organization and complying with any regulations, laws, or conventions applicable to the data you provide and your use of the Lawrence Hartman Services and Site.

6.4 Customer Warranties

Customer hereby represents and warrants to Lawrence Hartman that: (a) it has all requisite rights and authority to use the Lawrence Hartman Services under these Terms; (b) it is responsible for all use of the Lawrence Hartman Services associated with its Account; (c) it is solely responsible for maintaining the confidentiality of its Account names and password(s); (d) it will use the Lawrence Hartman Services for lawful purposes only; and (e) any information it submits to Lawrence Hartman is true, accurate, and correct.

6.5 Confidentiality

"Confidential Information" means any information of a party that is disclosed in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information would clearly be understood as confidential. During and after the Subscription Term, the receiving party will use the Confidential Information solely for the purpose for which it is provided and will not disclose such Confidential Information to a third party.

7. Term and Termination

7.1 Termination – Site Visitors. A Site Visitor may terminate its use of the Site at any time by ceasing further use of the Site. Lawrence Hartman may terminate your use of the Site and deny you access to the Site at our sole discretion for any reason or no reason, including for violation of these Terms.

7.2.1 Suspension of Access. In accordance with these Terms, Lawrence Hartman may suspend any use of the Lawrence Hartman Services, remove any content or disable or terminate any Account or Authorized User that Lawrence Hartman reasonably and in good faith believes violates these Terms.

7.2.3 Subscription Term and Automatic Renewals. Lawrence Hartman's Subscription Plans automatically renew unless otherwise noted. If you purchase a Subscription Plan you agree to pay the then-current applicable fee associated with the Subscription Plan and further agree and acknowledge that it will automatically renew unless you terminate your Account or Lawrence Hartman declines to renew your Subscription Plan.

7.2.4 Termination by Customer. You may terminate your Account at any time upon ten (10) days' advance written notice to Lawrence Hartman. If you wish to terminate, you must provide notice by contacting us at BlindGreed2020@gmail.com.

7.2.6 Effect of Termination. If these Terms expire or are terminated for any reason: (a) Customer will pay to Lawrence Hartman any amounts that have accrued before, and remain unpaid as of, the date of the termination or expiration; (b) any and all of Customer's liabilities to Lawrence Hartman that have accrued before the effective date will survive; (c) licenses and use rights granted to Customer will immediately terminate.

8. Warranties and Disclaimers

THE LAWRENCE HARTMAN PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE. If you are a California resident, you hereby waive California Civil Code §1542.

9. Indemnification Obligations

9.1 You will defend, indemnify, and hold us, our Affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to: (a) your access to and use of the Site; (b) violation of these Terms by you; (c) infringement of any intellectual property or other right of any person or entity by you; (d) the nature and content of all Customer Data processed by the Lawrence Hartman Services; or (e) any products or services purchased or obtained by you in connection with the Site.

9.2 Lawrence Hartman retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us.

10. Limitations of Liability

11. General

11.1 Third Party Content

We may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any third-party content. LAWRENCE HARTMAN IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SITE.

11.2 Relationship

At all times, you and Lawrence Hartman are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties.

11.3 Trade Restrictions

You acknowledge that the Site, Documentation, and/or Lawrence Hartman Services are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories.

11.4 Assignability

You may not assign your rights or obligations under these Terms without Lawrence Hartman's prior written consent. Lawrence Hartman may freely assign its rights, duties, and obligations under these Terms.

11.6 Force Majeure

Except for any payment obligations, neither you nor Lawrence Hartman will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party's reasonable control).

11.7 Mandatory Arbitration, Waiver of Class Actions

11.10 Governing Law & Venue

These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Florida, U.S.A., without reference to its choice of law rules. Customer and Lawrence Hartman submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Fort Myers, FL, U.S.A.

11.12 Waiver

The waiver by either you or Lawrence Hartman of any breach of any provision of these Terms does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation will not be a waiver of such party's right to demand strict compliance in the future.

11.13 Severability

If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect.

11.14 How to Contact Us

If you have any questions about the Site or Terms, pricing, complaints, or other inquiries, please contact Lawrence Hartman at BlindGreed2020@gmail.com or at the Contact address set forth on our website.