LONELYBRAND, LLC WEBSITE AND PRODUCTS TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEBSITE OR THE PRODUCTS.

Lonelybrand, LLC (lonelybrand) provides small, medium and large businesses and organizations with a variety of products, services and related tools and resources including:

  • Lonelybrand Research Reports (the “Research Report Product”);
  • Lonelybrand Online Membership (the “Membership Product”); and
  • Lonelybrand Gallery Art (the “Gallery Art Product”).

In addition to the products described above, Lonelybrand provides a variety of related offerings and services, including business and digital communications consulting services. The Research Report Product, the Membership Product, the Gallery Art Product, and any related offerings and services are referred to in these Terms and Conditions of Use as the “Products.”
Lonelybrand’s Products may not be used for the hosting of illegal or prohibited content.

The following are the terms and conditions of use for access to this website and use of the Products. By clicking the ‘I accept’ button on the sign-up page, by logging in to your Lonelybrand account, by accessing this website or by accessing the Lonelybrand services via any API interface, you accept these Terms and Conditions of Use.

1. Copyright and Trademark Information

Copyright © 2010-2011 Lonelybrand, LLC. All Rights Reserved.
This website, and the information which it contains, is the property of Lonelybrand and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, Lonelybrand and the Lonelybrand logo are registered trademarks of Lonelybrand under the applicable laws of the United States and/or other countries. Other Lonelybrand product or service names or logos appearing in this website are either trademarks or registered trademarks of Lonelybrand and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Lonelybrand’s trademark or other intellectual property rights concerning that name or logo.

2. Products – Terms and Conditions

The Products are provided subject to these Terms and Conditions of Use, as they may be amended by Lonelybrand, and any guidelines, rules or operating policies that Lonelybrand may establish and post from time to time (collectively, the “Agreement”), including without limitation Lonelybrand’s customer Privacy Policy, as linked from all email generated from Lonelybrand or otherwise furnished to you (unless otherwise stated, all references to the Agreement shall include the Privacy Policy). By posting updated versions of the Agreement on the lonelybrand.com website, or otherwise providing notice to you, Lonelybrand may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at Lonelybrand’s website. The Products are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Products. If you are using the Products in your capacity as an employee, you must have the ability to bind your employer by your use of the Products. You must complete the registration form on the Lonelybrand sign up page in order to use the Products. You will need to register separately for the Research Report Product, the Membership and the Gallery Art Product and any additional offerings or services. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide Lonelybrand’s service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Products. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Lonelybrand or its personnel.

If you are accessing or using the Products through a third party service or website (a “Third Party Service”), you agree and acknowledge that Lonelybrand is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that Lonelybrand may terminate such Third Party Service’s ability to interact with the Products at any time, with or without notice, and in Lonelybrand’s sole discretion, with no liability to you or to the third party.

3. Representations and Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:

  • The Membership Product will be subject to monthly subscription fees once you have completed the sign up process.
  • The Products may only be used for lawful purposes.
  • The Products may not be used for hosting content, including images and documents, that infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.
  • You will comply with the restrictions on content and activities using the Products as set forth or referenced in this Agreement.
  • In your use of the Products, you agree to represent you or your organization accurately and will not impersonate any other person, whether actual or fictitious.
  • You will adopt and maintain the Privacy Policy, which may be modified by Lonelybrand from time to time.
  • You agree to not interfere with or disrupt this website or any related Lonelybrand websites or servers or networks connected to this website or any related Lonelybrand websites.
  • If you are accessing or using the Products through a Third Party Service, you will abide by this Agreement regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.

4. Fees and Payment; Fee Schedule

4.1 Fees for the Membership Product.

For the Membership Product, you will be subject to a monthly subscription fee of $99.00. Fees will be billed monthly for the Membership Product, even if you are not actively using the Membership Product.

4.2 Fees for Related Offerings and Professional Services.

If selected by you, you will also be billed for related offerings and services, including premium content. In addition, you may also purchase professional services. Any professional services purchased by you are subject to this Agreement.

4.3 Fee Schedule; Discounts.

You are responsible for reviewing Lonelybrand.com from time to time and remaining aware of the fees charged by Lonelybrand and any applicable discounts. Pricing and any discounts are subject to change at any time in Lonelybrand’s sole discretion. Lonelybrand will use good faith efforts to notify you prior to the effectiveness of any significant change to pricing. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case Lonelybrand’s standard rates will apply. Lonelybrand may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.

4.4 Payment; State and Local Sales Tax.

Payment for Products will be made by a valid credit card accepted by Lonelybrand. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize Lonelybrand to charge your credit card for such amounts on a regular basis beginning at the time of sign up and continuing until such time as your account is terminated. If Lonelybrand is for any reason unable to effect automatic payment via your credit card, Lonelybrand will attempt to notify you via email and your Lonelybrand account will be disabled until payment is received. Amounts paid for the Products, including prepayments, are not refundable. Lonelybrand is required to collect and remit sales tax from its customers located in state and local jurisdictions where software delivered as a service is taxable and where Lonelybrand maintains a physical presence. Lonelybrand determines your local taxing jurisdiction based on the billing address that you list in the “My Account” section of your account.

5. Image Hosting and Prohibited Content

5.1 Documents and Images.

Documents and images hosted by Lonelybrand on Lonelybrand controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by Lonelybrand, Lonelybrand hereby grants to you a limited, non-exclusive, non-transferable right to use the images in an unaltered state solely in connection with your use of the Products.

5.2 Prohibited Content.

Lonelybrand prohibits the use of the Products or website by any person or entity that:

  • Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; dating services; adult “swinger” promotions; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
  • Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  • Posts or discloses any personally identifying information or private information about children without their consent (or their parents’ consent in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
  • Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Markets to third party voter registration lists.
  • Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

5.3 Right to Disable Access or Remove Content.

Lonelybrand, at its own discretion, may immediately disable your access to the Products or remove all or a portion of your content, without refund, if Lonelybrand believes in its sole discretion that you have violated any of the policies listed above or this Agreement.

6. Lonelybrand Website

You agree that you are responsible for your own use of the Lonelybrand Website, for any posts you make, and for any consequences thereof. You agree that you will use the Lonelybrand Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Lonelybrand reserves the right, but shall have no obligation, to investigate your use of the Lonelybrand Website in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Much of the content of the Lonelybrand Website, including, without limitation, the contents of specific postings, profiles, blogs, images, audio files, and videos, is provided by and is the sole responsibility of the person or people who made such postings. Lonelybrand does not regularly monitor the content of the Lonelybrand Website. The Lonelybrand Website is intended to provide Lonelybrand customers with the opportunity to exchange useful information. Lonelybrand does not edit any postings, and does not pre-screen or review every posting. You agree that Lonelybrand is not responsible for the content of any postings in the Lonelybrand Website and has no duty to correct any erroneous statements on any part of the Lonelybrand Website.

7. Restrictions and Responsibilities

7.1 No Rights in Software.

This is an Agreement for services and access to this website, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products (“Software”); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by Lonelybrand in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.

7.2 Permitted Use of the Products.

The Products shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that Lonelybrand perform such work at its standard professional services rates. Lonelybrand can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.

7.3 Compliance with Laws; Monitoring.

You shall use the Products only in compliance with this Agreement and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although Lonelybrand has no obligation to monitor the content provided by you or your use of the Products, Lonelybrand may do so and may remove any such content or prohibit any use of the Products that Lonelybrand believes may be (or is alleged to be) in violation of the foregoing.

7.4 Your Information.

In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Lonelybrand. Lonelybrand may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of Lonelybrand, Lonelybrand may share your information with the marketing partner and the marketing partner may share related information with Lonelybrand. Except as described above. Lonelybrand will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information, except as required by law or court order, including without limitation judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order.

7.5 Intellectual Property Matters.

You agree that you will not upload or transmit any communications or content of any type to this website or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this website or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Lonelybrand or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Lonelybrand by email, you agree such submission is non-confidential for all purposes. If you make any submission to this website or if you submit any business information, idea, concept, invention or content to Lonelybrand by email or use any business information, idea, concept, invention or content in connection with the Products, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, Lonelybrand a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner. You hereby separately grant to Lonelybrand a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform, and display the Customer Information only as required by Lonelybrand to offer and operate the Products and related services, including available offerings from third parties.

8. Termination

You may terminate this Agreement at any time by calling Lonelybrand Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND LONELYBRAND IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
Lonelybrand may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Lonelybrand shall have no liability to you or any third party because of such termination or action.
Lonelybrand may delete any of your archived data within 30 days after the date of termination.
All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at Lonelybrand’s sole discretion) as inactive for over 120 days, Lonelybrand has the right to permanently delete your data. Lonelybrand will use good faith efforts to contact you via email prior to taking any permanent removal actions.

9. Indemnification

You hereby agree to defend, indemnify and hold harmless Lonelybrand and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Products or (iii) arises from your activities or postings on the Lonelybrand Website, (iv) otherwise arises from or relates to your use of the Products. In addition, you acknowledge and agree that Lonelybrand has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In addition, In the event that Lonelybrand is required to respond to a third party or law enforcement subpoena that is related to your use of the Products, Lonelybrand may in its sole discretion require you to reimburse Lonelybrand for its reasonable expenses associated with complying with such subpoena.

10. Warranty Disclaimer; Remedies

USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. LONELYBRAND DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS” AND LONELYBRAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for Lonelybrand to use commercially reasonable efforts to adjust or repair the Products.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LONELYBRAND OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS LONELYBRAND) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF LONELYBRAND SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, LONELYBRAND IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF LONELYBRAND TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY LONELYBRAND TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

12. Restricted Persons; Export of Products or Technical Data

You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Lonelybrand within twenty-four (24) hours, and Lonelybrand shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Lonelybrand.
You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

13. Third-Party Websites and Services

This website may contain links to non-Lonelybrand websites and access to certain third-party services, which may include, without limitation, social bookmarking services. These links and services are provided to you as a convenience, and Lonelybrand is not responsible for the content of any linked website or use of any third-service service. Any non-Lonelybrand website or service accessed from this website is independent from Lonelybrand, and Lonelybrand has no control over, and assumes no responsibility for, the content, privacy policy, terms of use and practices of such website or service. Any such website or service has terms of use and a privacy policy different than this Agreement and Lonelybrand’s Privacy Policy. In addition, a link to any non-Lonelybrand website or access to a third-party service does not imply that Lonelybrand endorses or accepts any responsibility for the content or use of such website or service. By using any such website or service, you expressly relieve Lonelybrand from any liability arising from your use of such third-party website and service and any related content.

14. Monitoring Communications

You understand, agree and acknowledge that Lonelybrand may in its discretion, but is not obligated to, monitor or record any of your telephone conversations with Lonelybrand for quality control purposes, for purposes of training its employees and for its own protection. You acknowledge and understand that not all telephone lines or calls are recorded by Lonelybrand, and Lonelybrand does not guarantee that recordings of any particular telephone calls will be retained or capable of being retrieved.

15. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Lonelybrand of that third party or of any product or service provided by a third party.

16. Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this website or the Products infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this website or the Products by contacting Lonelybrand’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) email address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Lonelybrand’s agent for copyright issues relating to this website and the products is as follows:

Sarah E. Dale
Compliance Manager
Norvell IP, LLC
1776 Ash Street
Northfield, IL 60093
Phone: (773) 729-2247
Fax: (312) 268-5063
Email: sdale@norvellip.com
In an effort to protect the rights of copyright owners, Lonelybrand maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this website who are repeat infringers.

17. Open Positions on Career Pages

Lonelybrand may list open employment positions on this website. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this website or made available through this website as an offer for employment. Nor should you construe anything on this website as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.

18. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. Lonelybrand will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by Lonelybrand in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Products. Lonelybrand has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. Lonelybrand shall not be responsible for the actions of any individuals who misuse or misappropriate your assets using your username and password or other appropriate account identifying information.

19. Forward-Looking Statements

You acknowledge that this website contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 regarding Lonelybrand. These forward-looking statements regarding Lonelybrand are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of Lonelybrand management. Words such as “expect,” “anticipate,” “should,” “believe,” “hope,” “target,” “project,” “goals,” “estimate,” “potential,” “predict,” “may,” “will,” “might,” “could,” “intend,” variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond Lonelybrand’s control. Lonelybrand’s actual results could differ materially from those stated or implied in forward-looking statements due to a number of factors, including those risk factors contained in documents that may be filed by Lonelybrand from time to time with the Securities and Exchange Commission. Lonelybrand undertakes no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

20. Miscellaneous

20.1

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

20.2

Lonelybrand and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

20.3

No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Lonelybrand in any respect whatsoever.

20.4

In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

20.5

The Agreement shall be governed by the laws of the State of Illinois, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Chicago, Illinois.

Additional Information

If you have any questions about the rights and restrictions above, please contact Lonelybrand by email at nick@lonelybrand.com.
Copyright ©2010-2011, Lonelybrand, LLC. All Rights Reserved.
Revised April 2011