Terms of Service for Lothunt LLC
Effective Date: 1st June 2024
Welcome to Lothunt, LLC (“Lothunt”), a Wyoming Corporation. By accessing our service through our website at lothunt.com, you agree to be bound by these Terms of Service and all applicable laws and regulations. You may not access the service if you disagree with any part of the terms.
These Terms of Service govern the aspects of any transaction between Lothunt and any party who uses our services (“Client” or “User” or “you”). Pursuant to this Agreement, Client may purchase or use certain services or deliverables offered by Us. By engaging in business with Us, Client accepts and agrees to the terms and conditions set forth in this Agreement. If applicable, this Agreement also incorporates and is subject to any additional terms and conditions posted on this website or any other website, application, software, or service offered by Lothunt.
Any User accessing, using, or purchasing services from Lothunt will be responsible for the activities of their agents, representatives, and end-users and will be responsible for their cooperation with all policies. If a user becomes aware of any violation of the policies set forth by Lothunt, the user is obliged to immediately notify Lothunt with any relevant information. It is the sole responsibility of the User to review all policies provided by Lothunt for changes, updates, or modifications.
1. Definitions
“Service” refers to the applications, software, products, data, and services Lothunt provides.
“User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using our website and/or Service.
“We,” “Us,” and “Our” refer to Lothunt.
“Content” means text, images, photos, audio, video, data, and all other forms of data or communication.
2. Eligibility
You must be at least 18 years old to use our Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with any applicable laws and regulations. User agrees that you are responsible for maintaining the confidentiality of your account details and are fully responsible for all activities that occur under your account.
3. Accounts and Registration
To access most Service features, you must register for an account. When you register, you must provide accurate and up-to-date information. It is your responsibility to keep your password secure.
If you invite other users to your account, you are responsible for ensuring that these users comply with these Terms of Service and any other applicable policies. You agree to be fully responsible for any acts or omissions of any user you invite to use the Service under your account. You must inform such users about the relevant terms and conditions and the obligations they are subject to under these Terms of Service. Additionally, you should monitor their Service usage to ensure compliance with these terms.
Password sharing is strictly prohibited under these Terms. Each user is required to maintain the security and confidentiality of their account credentials, including passwords. You are responsible for any and all activities under your account, and sharing your password with any other person is a direct violation of these Terms.
4. Use of the Service
You may use our Service only for lawful purposes and in accordance with these Terms.
You are prohibited from using any Lothunt site or any Lothunt products – either now or in the past or future – for illegal, offensive, immoral, or abusive purposes or in a manner that interferes with or adversely affects Lothunt or its agents, representatives, assets, and property including, but not limited to, any actions that would expose Lothunt to civil or criminal liability. Lothunt services may only be used for internal business purposes by the User and may not be resold, sublicensed, or redistributed, in whole or in part.
The User and their agents, representatives, and end-users specifically agree not to use any Lothunt Services for:
· Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution or creation, network attacks, or any other action considered “black hat.”
· Interference with another User’s access to the Services, the app, or any site,
· The unauthorized analysis, monitoring, penetration testing, or access of data, networks, or systems,
· Use Lothunt Services for creating, replacing, supplementing, or enhancing any title, legal, vesting, ownership, or encumbrance reports for the purposes of underwriting title insurance. You may not use the Service or any data derived from it to train machine learning or artificial intelligence models. Furthermore, you are expressly prohibited from sharing any data obtained from the Service with third-party companies or AI tools, including but not limited to ChatGPT, Gemini, Claude, or any other AI technologies.
· You agree not to use the Service for any resale or commercial use of the Service or the Content provided by Lothunt. This includes, but is not limited to, the sale, lease, rental, transfer, syndication, or any other form of distribution of the data or Service provided. You are prohibited from utilizing any information, resources, or Service available on or through this Service to compete with or otherwise create derivative works for resale or distribution. These restrictions apply regardless of the purpose or nature of such use.
If applicable, Client shall obtain any necessary licenses or certifications before using Lothunt’s services and shall limit the use of such services to employees or agents with proper training to use Lothunt services appropriately.
· Transmitting, storing, accessing or distributing illegal, unsolicited, fraudulent, or immorally obtained data or materials that may infringe or otherwise violate the privacy, intellectual property, publicity, or personal rights of any company, group, individual, or campaign, including but not limited to any copyright, patent, trademark, trade secret or other proprietary right,
· Use Lothunt services in ways other than permitted by this agreement, nor publish or permit to be published any portion of the services to third parties, including via the internet, combine or process any portion of Lothunt’s services with any other software, create or enhance any database, use the services to create derivative products or datasets, or use the services in connection or development with any machine learning, rules engines, or other automated software processor or artificial intelligence technology, model, or tool. For clarity, none of Lothunt’s services, or any part thereof, may be shared with any third-party artificial intelligence technologies.
· Engaging in offensive activities such as harassment, or transmitting, distributing, storing, or accessing content, including media that is inappropriate, obscene, defamatory, threatening, abusive, or that advocates violence violates a law, regulation, or public policy.
· Use Lothunt services in any way that could constitute a “consumer report” under applicable law or governmental rule or as a factor in determining an individual’s eligibility for credit, insurance, employment, or a license or other benefit granted by a governmental authority.
· Any activity that could potentially cause Lothunt to be civilly or criminally liable.
You may not resell any Services offered by Lothunt without Lothunt’s written authorization.
In addition, the User and their agents, representatives, and end-users agree to abide by all applicable laws, rules, and regulations related to their use of the Services, including data protection and privacy laws, as well as laws related to unsolicited messaging.
Lothunt will have the final say on what activities constitute a violation of the Services. Some of the Services may have specific terms designated solely to their purpose. These terms will be provided to the User separately, and should be distributed by the User to their agents, representatives, and end-users. The User bears full responsibility for this distribution and ensuring compliance.
Lothunt reserves the right to investigate any actual, suspected, or alleged violations of the Policies. The User will reasonably cooperate with the investigations and any corrective measures necessary in any breach of these Policies by themselves, their agents, representatives, or end-users.
Lothunt and its agents, representatives, or vendors may implement technical measures to prevent violations of any of the Policies, including network scanning and analysis or network filters.
Nothing in any of the Policies set forth by Lothunt limits Lothunt’s rights and remedies at law or in equity.
Lothunt reserves the right to discontinue the relationship with the User at any time should they be in breach of the Policies set forth. Lothunt also reserves the right to implement suspensions or terminations without prior notice. These terminations will include all data stored within the Services provided by Lothunt, and restoration may not be possible. In addition, Lothunt reserves the right to charge the User for any violation by the User or their agents, representatives, or end-users per hour for investigations (at a minimum cost of $150 USD per hour), as well as the cost of the equipment needed to respond to, investigate, and remediate the violation of any of the Policies. Lothunt reserves the right to block anyone from the use of the site and the Services at any time for any reason.
5. Intellectual Property Rights
The Service, its original content (excluding Content provided by users), features, underlying know-how and process, and functionality are and will remain the exclusive property of Lothunt, other applicable owners, and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lothunt. Your use of Lothunt services does not grant you ownership of any intellectual property rights in Lothunt or any of its content. Lothunt reserves all intellectual property rights to the fullest extent of the law.
6. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
7. Prohibition of Scraping; Use of Third-Party Services
You are prohibited from accessing Lothunt ’s Service to scrape, harvest, or otherwise collect data or content from the Service. This includes, but is not limited to, automated systems, software, or any unauthorized third-party tools designed to access, acquire, copy, or monitor any portion of the Service, user data, or content found therein.
Lothunt services may contain links or access to third-party websites or services that are not owned nor controlled by Lothunt. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services nor any user created content whatsoever.
8. Refund Policy
Lothunt is committed to customer satisfaction and offers a refund policy under the following conditions:
a. Subscription Fees
We offer a 14-day refund policy for subscription fees from the payment date. If you are unsatisfied with your subscription, you may cancel it within this period and request a full refund. To initiate a refund, please contact our customer support with your account details and proof of purchase.
b. Non-Refundable Fees
Other fees, including but not limited to data access fees and mailing fees, are not eligible for a refund. These fees cover costs we incur immediately upon ordering services or accessing data on your behalf; as such, they are non-refundable.
c. Processing Refunds
Refunds will be processed using the original method of payment. Please allow a reasonable time for the refund to be credited to your account, which may vary depending on your bank or credit card issuer.
d. No Refund For Suspended Accounts
Lothunt is under no obligation to refund any fees associated with accounts that have been suspended or terminated for violations of this agreement.
9. Non-Disclosure Agreement
You are required to maintain the confidentiality of all data accessed through Lothunt. You shall not disclose any such data to third parties, including but not limited to transmissions over the Internet. This non-disclosure obligation applies to all forms of sharing and extends to any unauthorized or negligent use that might expose the data to external parties. In any event, the User agrees to treat all data accessed through Lothunt with at least the same level of care that the User would treat the User’s own data or similar value or type.
10. Indemnification
You agree to defend, indemnify, and hold harmless Lothunt and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content posted on the Service; d) the Client’s breach of any covenant or representation or warranty contained herein; or e) any loss or damage claimed by a subsequent third party against Lothunt for any loss or damage allegedly suffered by such third party. Client agrees to pay such damages as they come due to Lothunt. The representations, warranties, and right to indemnification provided by this clause survive the termination of this Agreement.
11. Fees and Payment
a. Subscription Payments
By subscribing to the Service provided by Lothunt, you agree to pay the subscription fees at the rates in effect when the charges were incurred. Subscription fees will be billed automatically at the start of the paying portion of your subscription and will cover the use of that service for a monthly, annual, or otherwise period as agreed upon. These fees are billed before the corresponding service period. You must cancel your subscription at least 14 days before it renews to avoid billing your account’s following periodic subscription fee.
b. Campaign Charges
Charges will be incurred before any campaign, including campaign management. You agree to pay all costs associated with these campaigns, which will be billed as per the terms agreed upon in your campaign order form or similar documentation specifying the campaign details. These charges are necessary to cover the upfront costs we incur in preparing and launching campaigns and are non-refundable, except as expressly stated in our Refund Policy. If the payment isn’t received upfront, you agree to be charged thereafter to cover campaign management costs.
c. Updating Payment Information
You are responsible for providing and maintaining current, complete, and accurate billing and payment information with us. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, card number, or expiration date). You must promptly notify Lothunt if your payment method is canceled (including if you lose your card or it is stolen) or if you become aware of a potential security breach. Suppose you provide all of the preceding information. In that case, you agree that we may continue charging you for any use of the service under your billing account unless you have terminated your service.
d. Changes in Fees
Lothunt reserves the right to change the subscription fees and any other charges upon your notice, which may be emailed or posted on the Service. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
12. Limitation of Liability and General Warranty Disclaimer
In no event shall Lothunt, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT OR ESTABLISHED BY APPLICABLE LAW AS RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT, THE DELIVERABLES ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND LOTHUNT DOES NOT MAKE AND HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. LOTHUNT DOES NOT WARRANT THE PERFORMANCE OR RESULTS THE CLIENT MAY OBTAIN BY PURCHASING ANY DELIVERABLES OR SERVICES.
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING THROUGH THE OTHER PARTY) FOR LOST PROFITS OR REVENUE OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THIS AGREEMENT OR ITS SUBJECT MATTER, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT THAT PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES.
For clarity, In no event shall Lothunt, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Any action for an alleged breach of this Agreement, or to enforce any right under this Agreement, other than an action by Lothunt to collect or contest the calculation of fees, will be commenced within six months after the cause of action has accrued or the breach or right will be deemed waived and barred. The total aggregate liability of either party for all claims asserted by the other party (or to any person claiming through the other party) under or in connection with this Agreement, calculated in each instance over the entire Term, regardless of the form of the action or the theory of recovery, other than an action by Lothunt to collect fees, will be limited to the amounts paid or payable to Lothunt by the Client for any non-conforming Deliverables which are the subject of dispute, but in no event will such amount exceed the total price paid to Lothunt by Client during the prior 3-month period, or $10,000, whichever is less, in the case of any given claim, preceding the date of the event giving rise to that claim. Client’s sole remedy, and Lothunt’s exclusive liability, for Lothunt’s failure to provide the Services in conformance with this Agreement will be, at Lothunt’s sole option, the refund of the fees applicable to the non-conforming Services.
The limitation set forth in this clause is cumulative, and all payments under this Agreement will be aggregated to calculate the satisfaction of such limitation. The term “Aggregate liability” will include, without limitation, attorney’s fees, and the existence of multiple claims will not enlarge the limitation set forth in this clause.
The parties agree that this clause provides a reasonable allocation of risk and that Lothunt would not provide the Services on the terms set forth herein without this allocation of risk.
Lothunt will handle all data provided by Client in accordance with reasonably practicable industry standard practices in effect at the effective date of this Agreement. In no event will Lothunt use a standard of protection less than that which Lothunt would use to protect their own confidential information of similar quality or importance Client agrees that Lothunt will bear no responsibility or liability of any sort of unauthorized access of, exposure of, or destruction of any information, personal or otherwise, provided to Lothunt by Client, for any reason other than gross negligence or willful misconduct of Lothunt.
Lothunt shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via any Lothunt service and shall not be responsible or liable for any error or omissions in that information. While Lothunt takes reasonable caution to prevent any such occurrence, Lothunt will not be responsible or liable for any harm or injury that may come from using any of Lothunt’s services.
Lothunt is under no legal or other obligation or duty to monitor any actions on Lothunt’s sites or Services provided, and Lothunt disclaims any responsibility or liability for the misuse of the Services provided. Lothunt has no responsibility or liability for any individual accessing, using, purchasing, or pursuing the site or Services, the content, material, or information stored, created, maintained, transmitted, or accessible on or through the Services and is not obligated to monitor or exercise any editorial control over such material.
In the event that Lothunt becomes aware that any material that violates any of the Policies may exist, Lothunt reserves the right to block access to such material but is not required to do so. Unless otherwise stated in the Policies, Lothunt disclaims any obligation whatsoever to any individual, company, group, organization, or other entity who has not entered into an agreement with Lothunt for the use of the Services.
13. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
14. Governing Law, Mediation, and Jurisdiction
These Terms shall be governed and construed following the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Prior to the filing of any action, the parties agree to make a good-faith effort to resolve disputes through settlement discussions or through the use of a neutral third-party mediator. The place of mediation and/or settlement discussions will be Wyoming, but the parties may attend remotely. Each party accepts and submits to the personal jurisdiction of a court of competent jurisdiction in Wyoming and specifically waives the right to object to such venue on the basis of forum non conveniens. The parties agree to the services of process by notice sent using an internationally recognized courier service to the party’s address listed in this Agreement, and in the event of any action or proceeding to enforce or interpret any of the provisions of this agreement, the substantially prevailing party will be entitled to be reimbursed for costs of that action, to include reasonable attorney’s fees and costs.
15. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide prior notice to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Client acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. This Agreement is the entire agreement between the parties and supersedes all prior amendments and understandings, whether oral or written, relating to the subject matter of this Agreement. No amendment or modification of this Agreement is binding unless in writing and signed by both parties.
Until otherwise authorized and agreed upon, the services represented in this agreement are specific to the terms and services outlined in this Agreement only. Additional services or changes to the scope or nature of this Agreement must be authorized in writing by Lothunt through an addendum or new services agreement. This document becomes void only when explicitly voided in future addendums or written agreements.
Lothunt is not responsible for the User’s receipt of this notification, or any issues or failure in sending the notification. Lothunt is not bound or obligated in any way to provide advance notice of changes. The User, by agreeing to the existing Policies, accepts future revisions.
16. Miscellaneous
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. Client may not assign Client’s rights under this Agreement, and these rights may not be assigned or transferred to any other person or entity by sale and/or operation of law Any attempt to transfer or assign any Client right is void.
If any part of this agreement is found to be prohibited by law, the remainder shall remain valid and enforceable. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy given hereunder, now or hereafter existing at law or equity or by statute or otherwise. CLIENT AGREES THAT MONETARY DAMAGES MAY NOT BE ADEQUATE TO RMEMDY BREACHES OF THIS AGREEMENT AND EXPRESSLY AGREES THAT LOTHUNT MAY OBTAIN AN INJUNCTION OR OTHERWISE EQUITABLE REMEDY TO PROTECT ITS RIGHTS.
No failure or delay by Lothunt in exercising any right, power, or privilege given by any provision of this Agreement shall operate as a waiver of the provision. Additionally, no single or partial exercise of any right, power, or privilege shall preclude any other or further exercise of that or any other right, power, or privilege.
Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be delivered by hand; sent by certified U.S. mail, cable, telex, telegram, facsimile transmission, or electronic mail; or delivered by overnight or similar delivery service, fees prepaid, to the party to whom such notice is to be given. All notices given under this Agreement shall be deemed received three (3) calendar days after deposit in the United States mail if sent via certified mail, on the date of actual delivery if sent via overnight courier, and on the date of actual transmission or delivery if sent via cable, telex, telegram, facsimile transmission or electronic mail or if delivered personally. Notices to the Client and Lothunt shall be given at the respective addresses set forth in this Agreement. A party may change its address for notice by informing the other of the change in writing.
17. Contact Us
If you have any questions about these Terms, please contact us at:
Support email: [email protected]
Mailing address: Lothunt, 680 South Cache Street, Unit 100, Jackson, WY 83001, USA