Effective January 2025
Acceptance of Terms
The services provided to you by this website (the "Site") are subject to the following Terms of
Use (the "Terms"). Lod Softworks LLC & the community maintaining this project (the "Maintainers")
reserve the right to update and modify the terms at any time without notice to you. The
most current version of the terms can be reviewed by clicking on the "Terms of Use" button link
located at the bottom of our Web pages. When we make updates to the terms, we will update
the date at the top of this page. By using the website after a new version of the terms has been
published, you agree to the terms of such new version.
Links to Third Party Sites/Third Party Services
The site may contain links to other websites ("Linked Sites"). The Linked Sites are not under
the control of the maintainers and the maintainers are not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. These links are providing to you only
as a convenience, and the inclusion of any link does not imply endorsement by of the site or any
association with its operators.
International Users
The Service is controlled, operated and administered within the USA. If you access the Service
from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the website in
any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless the maintainers and its third parties, for any
losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising out of your use of or
inability to use the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms of Use, or any provisions hereof, whether in contract, tort,
or otherwise at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a location
mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may
be entered upon it in any court having jurisdiction. In the event that any legal or
equitable action, proceeding, or arbitration arises out of or concerns these Terms and
Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these
Terms of Use or any disputes arising as a result of these Terms of Use,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation
and enforcement of this provision. The entire dispute, including the scope and
enforceability of this arbitration provision, shall be determined by the Arbitrator. This
arbitration provision shall survive the termination of these Terms of Use.
Class Action Waiver
Any arbitration under these Terms of Use will take place on an individual basis;
class arbitrations and class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER. Further, the arbitratormay not consolidate more than one person's claims, and may not
otherwise preside over any
form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAINTAINERS AND/OR
THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
We reserves the right, in our sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State of Utah
and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all
disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these Terms, including,
without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and the maintainers as a result of this agreement or use of the Site.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
