Effective: March 27, 2024
These Terms of Service (“Terms”) govern your use of the website, apps, and other products and services (“Services”) offered by Lake Missoula Group, LLC d/b/a LMG Security (“LMG,” “us,” “we,” or “our”). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully. By clicking “I accept” (or for those who have not yet created an account, by using our Services), you agree to be bound by these Terms, including the policies referenced in these Terms. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LMG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.Using the Services
You may use our Services only if you: (i) can form a binding contract with LMG; (ii) can comply with these Terms and applicable law; and (iii) are over the age at which you can provide consent to data processing under the laws of your country. Any use or access by anyone under the age of 13 is prohibited. Any violation of our Terms or applicable law, may result in your access to all or part of the Services being suspended, disabled, or terminated. When you create your account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
2.Courses
LMG offers courses and content (“Courses”) developed internally and by other providers. LMG reserves the right to cancel, interrupt, reschedule, or modify any Courses, at any time for any reason. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable right to use our Services and participate in the Courses. You agree that you will create, access, and/or use only one user account, unless expressly permitted by LMG, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
3.Your Content
The Services may enable you to share your content (“User Content”), with LMG, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the Services by or on behalf of LMG. To the extent that you provide User Content, you grant LMG a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting LMG the right to authorize instructors to use User Content with their students. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Use of the Services is also subject to LMG’s Privacy Policy, a link to which is located on LMG’s website. The Privacy Policy is incorporated into this Agreement by this reference. You understand and agree that LMG may contact you via e-mail or otherwise with information relevant to your use of the Services, regardless of whether you have opted out of receiving marketing communications or notices.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, LMG does not waive any rights to use similar or related Feedback previously known to LMG, developed by our employees, contractors, or obtained from other sources.
4.Acceptable Use
We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user’s access to all or part of the Services.
You are prohibited from using our Services to share content that:
Contains illegal content or promotes illegal activities with the intent to commit such activities.
Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates these LMG Terms.
You also aren’t allowed to:
Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone besides yourself access your account, or do anything that might put your account at risk.
Attempt to access any other user’s account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Use our Services or any functionality of the Services for anything other than for completing online courses or for pedagogical purposes.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.
Visit or use our Services for any form of content, data, or text scraping (including but not limited to screen scraping, web harvesting, or web data extracting) through manual, mechanical, or automated means including by the use of bots or other similar software.
Use any content, data, or text in any form in the Services for text or data mining purposes, or develop or train any application, software, code, or data models including but not limited to generative artificial intelligence or other artificial intelligence and machine learning models irrespective of the purposes whether commercial or non-commercial.
Use any content, data, or text in any form for the purpose of competing with LMG, using a false identity or false information, for reasons other than a good faith desire to use the Services or otherwise to (a) build a competitive product or service; (b) copy any, or build a product using, similar ideas, content, features, functions, or graphics of the Services.
Reproduce, resell, or distribute the Courses or Services unless you have been specifically permitted to do so under a separate agreement with LMG.
5.Security
We care about the security of our users. While we work to protect the security of your account and related information, LMG cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected].
6.Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. LMG cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. LMG disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.
7.Copyright and Trademark
LMG and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and Courses. You may not post, modify, distribute, or reproduce in any way the content of the Services and Courses, including copyrighted material, trademarks, rights of publicity or other proprietary rights, without obtaining the prior written consent of LMG or the owner of such proprietary rights. LMG may deny access to the Services to any User who is alleged to infringe another party’s copyright.
LMG respects the intellectual property rights of our instructors, users, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. If you believe in good faith that materials in the Courses or on the Services infringe your copyright, please send us a notice at [email protected] requesting that the material be removed or access to it blocked.
8.Paid Courses
LMG offers certain Courses for a fee. You are responsible for paying all fees charged by or for LMG and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. LMG reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
LMG has no obligation to provide refunds or vouchers for any paid Courses or other Services. LMG reserves the right to offer refunds at its discretion. In addition, if you have a right of withdrawal under the relevant laws in your country including any applicable European Union laws, then we will issue any refund to which you are entitled under those laws.
We may from time to time offer special promotional offers or discounts (“Offers”). Offer eligibility is determined by LMG at its sole discretion and we reserve the right to revoke an Offer in the event that we determine you are not eligible. Users with an existing Offer may not be eligible for additional Offers. We may use information such as method of payment or an account email address used with a LMG purchase to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you.
9.Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, LMG may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available for the period following termination. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments, or for commercial or reputational reasons. None of LMG and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “LMG Parties”) shall have any liability to you for any such action. You can stop using our Services at any time.
10.Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, COURSES, AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE LMG PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LMG PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES, COURSE, OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES, COURSES, OR SUCH CONTENT IS AT YOUR OWN RISK.
11.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE LMG PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL LMG’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY LMG FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LMG, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO LMG’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12.Export Controls
By using our Services, you are warranting that you are not located in, under the control of, a national of, or ordinarily resident in, any country that is subject to applicable U.S. laws and regulations, or laws of your local jurisdiction, preventing LMG from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
By using our Services, you are warranting that you are not named on, or controlled by anyone named on, any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you, or a party exercising control over you, are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to any country against which the U.S. has embargoed goods or services, or to an entity or person on any Sanctions List, or otherwise use the services in a manner that would be in violation of applicable laws.
Notwithstanding anything to the contrary in these Terms, LMG may suspend performance of or terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section or if the continued provision of our Services to you may, in our sole discretion, result in our commercial or reputational harm.
13.Indemnification
You agree to indemnify, defend, and hold harmless LMG from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
14.Governing Law and Venue
You agree that these Terms will be governed by the laws of the State of Montana, excluding its conflicts of law provisions. In the event of any dispute related to these Terms, you and LMG will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Missoula County, Montana as the legal forum for any such dispute (except for small claims court actions which may be brought in the county where you reside). These Terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
15.Dispute Resolution and Arbitration
Except as otherwise provided below, you and LMG agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LMG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to LMG, Inc., Attention: Arbitration Opt-Out, 400 W Broadway #101-650, Missoula, MT 59802, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once LMG receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 14. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting LMG. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). LMG’s address for Notice is: LMG, 400 W Broadway #101-650, Missoula, MT 59802. The Notice of Arbitration must: (a) identify the name or account number of the party making the the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or LMG may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, LMG will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
Any arbitration hearing will take place in Missoula County, Montana unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence or business address (as applicable). During the arbitration, the amount of any settlement offer made by you or LMG must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Except as provided in Section 19.8, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by LMG before an arbitrator was selected, LMG will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
YOU AND LMG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LMG agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
If LMG makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to LMG’s address for Notice of Arbitration, in which case your account with LMG will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If all or any part of this Section 15 is found to be unenforceable, or if LMG receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.
16.General Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. Your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
