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Terms Of Use

Welcome! These Terms of Use ("Terms of Use" or "Agreement") govern your use of the Low.com Insurance Website at www.low.com/insurance ("Site"). Your access to, and use of, the Site, and the insurance information and quotation services found at the Site (collectively the "Service") are subject to these Terms of Use. This is a legal agreement between you and Low.com and its corporate affiliates. The terms "Company", "we," "us", or "our" refers to Low.com and its subsidiaries, affiliates, sister and parent companies.

By using the Site, you signify that you have read, understand and agree to be bound by the Terms of Use. The terms "you," "your" or "User" shall refer to any individual or entity who accepts the terms and conditions of this Agreement by using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the Services or functions offered in or by the Site and/or the contents of the Site in any way. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

We may change or modify the Terms of Use at any time without further notice and such changes or modifications will come into effect immediately upon posting to the Site. We will indicate at the top of this page the date the Terms of Use was last revised. Your continued use of the Service or the Site after any change or modification constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

Eligibility

The Site is available only to Users that can form legally binding contracts under applicable law. The Site and the materials located on or through the Site are provided for informational purposes only. You agree and acknowledge that we make no representation or warranty as to the accuracy of any information on the Site or linked to the Site. Any registration by, use of or access to the Site by anyone under 16 is unauthorized and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 16 years of age or older and that you are fully able to enter into and to abide by all of the terms and conditions of these Terms of Use. Your access to the Site may be terminated and any profiles you have created may be deleted if we believe you are less than 16 years of age. We reserve the right to require parental consent if you are 16 or 17 years of age.

Description of the Low.com Insurance Service

Low.com is not a lender or mortgage broker and does not make loans, make credit decisions. Or issue insurance. Low.com simply provides an administrative service to you and to participating lenders/brokers. Low.com is not an agent of either you or the participating lenders/brokers. You acknowledge that Low.com does not recommend or endorse the services/products of any particular lender/broker participating on Low.com.

You agree that there is no guarantee that your loan request will be seen by up to four lenders/brokers and that Low.com will only make commercially reasonable efforts to supply the loan request to up to four lenders/brokers.

You agree that Low.com does not make loan decisions and that all loan and credit decisions are solely made by the independent lenders/brokers that are participating on Low.com. You further agree that Low.com does not guarantee or promise that you will be offered a loan by any of our participating lenders/brokers. You acknowledge that nothing stated in these "Terms of Use" or on the Low.com Web site shall constitute an offer or promise for a loan commitment or an interest rate lock agreement by Low.com to you. Low.com does not guarantee that any specific loan terms and conditions offered to you by a lender/broker participating on Low.com will be granted to you.

Low.com does not charge you a fee to use our services. Low.com is paid a fee by the participating lenders/brokers for the products and services provided. Your use of this Site constitutes your agreement with this form of compensation. Low.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Low.com takes steps to ensure that the content on Low.com is complete, up-to-date, readily available and clearly explained, Low.com cannot guarantee that the Site will always be up or that its content will always be accurate. Low.com will not be responsible for any loss or damage related to the accuracy, correctness or completeness of the information.

Completion of a Request Form

You agree that all of the information you will provide via any of the Low.com request forms will be true, accurate and complete and will not misappropriate another's identity or misrepresent your relationship with any person or entity. You hereby authorize Low.com to submit your request to up to four lenders/brokers. By completing an online request form on this Site you understand that the lenders/brokers may retain your request and/or application information, regardless of whether or not you qualified for a financial product with them.

By submitting your contact request for any advertised product such as a loan, a credit card, or insurance, you are consenting to be contacted by one or more Providers either by telephone, email or mail based on the information you have provided to us, regardless of whether you have listed yourself on any private, state or federal Do-Not-Call List. You understand that the Providers may maintain the information you submitted to Low.com whether you elect to use their services or not. In the event you no longer want to receive communications from a Provider, you acknowledge you must notify the Provider directly. You also give Low.com permission to send you periodic updates of current loan products which may be of interest to you.

In some instances, we match the personally identifying information that you provide to us with information gathered by other data gathering sources. You authorize us to provide the personally identifying information provided by you, along with the data gathered from other sources, to our trusted third party business partners who may contact you to subscribe to, market to, or use their products. For more information, please see review our privacy policy: Click here to review the Low.com Privacy Policy.

Participating Lenders/Brokers

The lenders/brokers participating on Low.com are solely responsible for their services to you. You agree that Low.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Site, Services, or the services offered by the participating lenders/brokers. Low.com is not responsible for any errors or delays caused by you or the participating lenders/brokers in the request process. Low.com reserves the right to at any time, at its sole discretion, to discontinue, suspend or terminate the participation of a lender/broker on Low.com.

Low.com is not an insurance company, agent or broker. We do not provide quotes directly to Users. The Low.com insurance Service is a free service that provides free referrals to our participating insurance companies, agents and brokers.

Low.com is not an agent of either you or the participating insurance companies, agents and brokers. We do not recommend or endorse the services/products of any particular insurance company, agent or broker whose information is available at the Low.com Site.

You agree that there is no guarantee that your insurance quote request will be received or reviewed by insurance companies, agents or brokers. Low.com will only make good faith efforts to supply your insurance quote request to several insurance companies, agents or brokers.

You agree that Low.com does not make insurance coverage decisions and that all insurance coverage decisions are solely made by the insurance companies that are participating on Low.com. You further agree that Low.com does not guarantee or promise that you will be offered insurance coverage by any of our participating insurance companies, agents and brokers. You acknowledge that nothing stated in these "Terms of Use" or on the Low.com Web site shall constitute an offer or promise for insurance or a firm quotation agreement by Low.com to you. Low.com does not guarantee that any specific quotations or insurance terms and conditions offered to you by an insurance company, agent or broker participating on Low.com will be granted to you.

Low.com does not charge you a fee to use our services. Low.com is paid a fee by the participating insurance companies, agents and brokers for the products and services provided. Your use of this Site constitutes your agreement with this form of compensation. Low.com assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Low.com takes steps to ensure that the content on Low.com is complete, up-to-date, readily available and clearly explained, Low.com cannot guarantee that the Site will always be up or that its content will always be accurate. Low.com will not be responsible for any loss or damage related to the accuracy, correctness or completeness of the information.

Completion of a Request Form

You agree that all of the information you provide via any of the Low.com request forms will be true, accurate and complete and will not misappropriate another's identity or misrepresent your relationship with any person or entity. You hereby authorize Low.com to submit your request to one or more insurance companies, agents and brokers. By completing an online request form on this Site you understand that the insurance companies, agents and brokers may retain your request and/or application information, regardless of whether or not you qualified for insurance with them.

By submitting your contact request for an insurance quote, you are consenting to be contacted by one or more insurance companies, agents or brokers either by telephone, email or mail based on the information you have provided to us, regardless of whether you have listed yourself on any private, state or federal Do-Not-Call List. You understand that the insurance companies, agents and brokers may maintain the information you submitted to Low.com whether you elect to use their services or not. In the event you no longer want to receive communications from an insurance company, agent or broker, you must notify the insurance company, agent or broker directly. You also give Low.com permission to send you periodic updates of current insurance products that may be of interest to you.

In some instances, we match the personally identifying information that you provide to us with information gathered by other data gathering sources. You authorize us to provide the personally identifying information provided by you, along with the data gathered from other sources, to our trusted third party business partners who may contact you to subscribe to, market to, or use their products. For more information, please see review our privacy policy: Click here to review the Low.com Insurance Website Privacy Policy.

Participating Insurance Companies, Agents and Brokers

The insurance companies, agents and brokers participating on Low.com are solely responsible for their services to you. You agree that Low.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Site, Services, or the services offered by the participating insurance companies, agents and brokers. Low.com is not responsible for any errors or delays caused by you or the participating insurance companies, agents and brokers in the request process. Low.com reserves the right to at any time, at its sole discretion, to discontinue, suspend or terminate the participation of an insurance company, agent or broker on Low.com.

Content Linked to by Low.com

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Sites and Third Party Content contained on the Site, to which the Site is linked, or on which Site Content is posted. A search using our Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by Company. By using the Site and Service, you expressly release the Company from any and all liability arising from search results or your use of any Third Party Sites or Third Party Content. Our terms and policies do not govern any Third Party Sites, and we encourage you to review the applicable terms and policies of any Third Party Site.

It is the intent of Low.com to ensure that all of the information contained on this Site is accurate and reliable. However, Low.com does not guarantee the Low.com Web site to be error free all of the time. Due to market fluctuations, insurance rates are subject to change at any time and without notice. Low.com reserves the right to change or discontinue at any time any aspect or feature of this Site. By your use of this Site, you agree to hold Low.com and its participating insurance companies, agents and brokers harmless due to any and all errors on the Site or any linked sites.

Personal Use Only

The Site and Services are made available for your personal, non-commercial use only. You may not use Site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror the Company home page or results pages on your Website. You may not "meta-search" the Site. If you want to make commercial use of the Services, you must enter into written agreement with Low.com in advance. Please contact us customerservice@low.com for more information.

Registration

Registration may be required in order to access some features of the Service. When registering, you agree to (a) provide accurate, current and complete information on the registration form ("Registration Data"); (b) maintain the security of any password and identification provided; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You must notify us immediately of any breach of security or unauthorized use of your account. You may not use any other person's account without permission.

User Conduct; General Practices

You agree not to use the Service or the Site to:

use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

use automated scripts to collect information from or otherwise interact with the Service or the Site;

register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;

impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

harvest or collect email addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

upload, post, transmit, share, store or otherwise make available any content without our express prior written consent;

upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) pursuant to Section 219 of the Immigration and Nationality Act.



You acknowledge, consent and agree that the Company may access, preserve and disclose your personal information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to your requests for customer service; or (d) protect the rights, property or personal safety of the Company, its Users and the public. You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge that the Company may establish general practices and limits concerning use of the Service. You agree that the Company has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You further acknowledge that the Company reserves the right to modify these general practices and limits from time to time. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Intellectual Property

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the "Site Content"), is owned by or licensed to the Company, with all rights reserved and subject to and protected by copyright and other intellectual property rights under law. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You are granted a limited, revocable, nontransferable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content (excluding any software code) to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. This license is subject to the Terms of Use, revocable at any time without notice or cause, and does not include use of any data mining, robots or similar data gathering or extraction methods. You may not otherwise copy, reproduce, republish, upload, post, transmit, distribute the Site or Site Content or otherwise use any Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the rights and licenses 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 herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights.

Low.com and other Company graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the Company's prior written permission.

Representations and Warranties

Low.com represents and warrants that it has full power and authority to enter into this Agreement.

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND SERVICES AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.

Indemnity

User shall indemnify, defend, and hold harmless Company, and each of its affiliates and their respective officers, directors, shareholders, employees, agents, contractors, partners, and representatives (collectively, the "Indemnitees"), from and against any and all liability, demands, claims, losses, damages, recoveries, settlements, costs and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to this Agreement, your use of the Services or the Site, your conduct in connection with the Services or the Site or with other Users of the Services or the Site, any Third Party Content you post or share on or through the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Governing Law; Venue and Jurisdiction

The laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles, California. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

By the use of the Low.com Site and/or Service, you consent and agree to waive any rights you may have to trial by jury concerning any controversy, dispute, or cause of action ("Claims") arising out of or in connection with the provisions of this Agreement. Any such Claims which cannot be settled between us by mutual agreement shall be finally settled by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The arbitrator may enter a default decision against either of us if we fail to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute will be final, unappealable and binding, and judgment on the award may be entered in any court having jurisdiction thereof. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND LOW.COM WILL BE RESOLVED BY BINDING ARBITRATION. BY ACCEPTANCE OF THESE TERMS, YOU ARE FOREGOING YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION LAWSUIT.

Miscellaneous Provisions

User may not assign any of its rights or delegate any of its duties under this Agreement without our prior written consent. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under the Agreement. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assignees, and no other person or entity shall have or acquire any right by virtue of this Agreement. The relationship between you and us is as an independent contractor and in no way and under no circumstances may you look to us for compensation and benefits as an employee. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties under this Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties.

Copyright Policy

Low.com respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, Users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a notice of infringement with the Company's copyright agent containing the information specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.



The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Attn: Copyright Agent
515 S. Flower Street, Suite 4400
Los Angeles, CA 90071

By fax:
(866) 705-4358

By email:
customerservice@low.com