Last Updated: January 9, 2018
- Acceptance of Terms
These Terms are important and affect your legal rights, so please read them carefully.
By accessing or using the Site, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
By accepting these Terms, you represent that you are of the age of majority and capable of entering into a binding contract in the country in which you reside.
If you do not agree to every provision of these Terms in their entirety, you may not access or use the Site or receive any Services.
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site.
These Terms may be revised at any time for any reason, and LFE may provide you notice of these changes by any reasonable means, including by providing notice through the Site. You can determine when we last updated the Terms by referring to the “Last Updated” legend at the top of these Terms. By continuing to access, browse or use the Site, or receive or use the Services through the Site, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Site to review these Terms. If you do not agree to the revised Terms, you may not access or use the Site, or receive, or use Services made available through the Site.
In order to access and receive the Services and certain areas or features of the Site, you will need to complete the registration process through the Site. Each registration is for a single user only.
By registering, you agree to (a) provide accurate, current and complete registration information, (b) maintain and promptly update, as necessary, your registration information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site and Services.
By registering, you also consent to receive electronic communications from LFE (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., authorizations, confirmations and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
You acknowledge and agree that the Site facilitates the delivery of the Services to you on behalf of the Service Providers, that the Site and the Services are separate and that LFE is not responsible for the provision of the Services themselves or the quality thereof.
- Payment Account Information
By providing payment account information to LFE and contributing the amounts requested during the registration and enrollment processes, you represent and warrant that you are authorized to use that designated payment account. Contributions may be made from various payment accounts, crypto and fiat, to participate in the offering (the “Enrollment Funds”). You authorize us to charge a fee (“the Enrollment Fee”) to complete the registration process including Know Your Customer validation, wallet creation to deposit created tokens, and other administrative services. You acknowledge and agree that the Enrollment Fee is non-refundable. If you are unable or unwilling to complete Know Your Customer validation, or payment account information cannot be verified, is invalid or is otherwise not acceptable, your Enrollment Funds may be rejected or returned by the Service Providers. Rejection and return policies shall be determined by the LFE.
- Restrictions on Use of the Site
You are not permitted to use the Site for any purposes other than to receive the Services in accordance with these Terms and any other terms which may apply to the Services or Service Providers. LFE may suspend your access to the Site in the event you utilize the Site in violation of these Terms. You agree that LFE has the right to report to appropriate global authorities and/or freeze assets in a wallet for suspicious, unauthorized, or illegal activity.
- License to Access and use the Site and Site Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the logos and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof, other than those belonging to the Service Providers, (collectively, “Content”) are the property of LFE or our licensors, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Site or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.
Such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.
Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of LFE or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.
The LFE trademarks, service marks, logos, or other indicia (“Marks”) that may appear on the Site are the property of LFE or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of LFE or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
- Legal Requirements; Privacy Statement
Where LFE has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, LFE may disclose IP addresses, personal information, and any contents of the Site where it reasonably believes it is compelled to do so. Please see the LFE's Privacy Statement located at www.LFE.com/privacy for additional information relating to the privacy and security of information collected hereunder.
- User Content
You are solely responsible and liable for all data, information and other materials, including, without limitation, any and all data, information and other materials you provide during the registration process or following the registration process, (“User Content”) that you submit, upload, e-mail or otherwise transmit (“Transmit”) to LFE in connection with the Site. You represent and warrant that all User Content you provide on the Site is accurate and truthful. LFE will use commercially reasonable efforts to maintain the privacy of the User Content. You understand that LFE does not guarantee the privacy and agrees not to hold LFE liable for any claims, loss, damages or costs that may arise from loss of privacy. You understand that LFE shares User Content with third parties, including the Service Providers. You consent to LFE sharing User Content. In addition, LFE has no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse of User Content by any Service Provider. IF YOU CHOOSE TO SUBMIT TO LFE, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION AVAILABLE TO LFE OR THE SERVICE PROVIDER, YOU DO SO AT YOUR OWN RISK AND LFE SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
- Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable;
- Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data;
- Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.
- Rights in User Content
We do not claim any ownership interest in your User Content. However, by Transmitting User Content, you agree that LFE may use the personal information that you provide in accordance with our Privacy Statement at www.LFE.com/privacy
You acknowledge and agree that LFE may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) facilitating the provision of Services; (b) enforcing these Terms; (c) complying with any laws, regulations or rules of any federal, state or local government or agency; (d) responding to claims that any User Content violates the rights of third parties; or (e) protecting the rights or property of LFE, the Service Providers, our and their customers or the public.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, original or creative materials or other information about LFE or the Site (collectively, “Feedback”). Feedback is not confidential and shall become the sole property of LFE. LFE shall own all rights, titles, and interests, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Linked Sites
We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by LFE. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. LFE reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by LFE. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER LFE NOR THE LFE PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) THE USER CONTENT; (D) THE SERVICES; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. IN ADDITION, THE LFE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE LFE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE LFE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE LFE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LFE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES.
THE LFE PARTIES DO NOT ENDORSE THE SERVICES OR THE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
- Limitation of Liability; Waiver
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES. ANY USE OF THE SITE OR THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, IN CONNECTION WITH YOUR PARTICIPATION IN THE SERVICES, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISK, FORESEEN AND UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES. BY USING THE SITE AND THE SERVICES, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH YOUR PARTICIPATION IN SUCH ACTIVITIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LFE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY LFE PARTY, OR FROM EVENTS BEYOND THE LFE PARTIES' REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE LFE PARTIES' RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE LFE PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE, THE SERVICES OR THE CONTENT EXCEED THE PRICE OF ONE LFE TOKEN AT THE PRESALES PRICE ON JANUARY 15, 2018. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE LFE PARTIES' SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE LFE PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH LFE FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Modifications to the Site and Services
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of any Services at any time.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.
- Governing Law and Jurisdiction
This Site is currently hosted in the United Kingdom but that may change without notice to you. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by and construed in accordance with the law of England and Wales without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, shall not apply.
You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation, except that if you are a consumer and you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to LFE at the following contact: info@LFE.com. Any notices to you may be made via either e-mail or postal mail to the address in LFE's records or via posting on the Site. Please report any violations of these Terms to LFE at the contact listed above.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your LFE account: all defined terms and Sections 2, 4, 7 through 17 and 19 through 21.
These Terms constitute the entire agreement between you and LFE relating to your access to and use of the Site and your receipt and use of Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of LFE. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and LFE's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.