End User License Agreement
The terms and conditions of this agreement are effective as of November 2016
NOTICE TO ALL PERSONS AND ENTITIES WHO WILL PURCHASE THE "teenSMART MATERIALS" (DEFINED BELOW), INCLUDING, WITHOUT LIMITATION, THE PARENT(S) OR GUARDIAN(S) OF ANY PERSONS WHO ARE UNDER EIGHTEEN (18) YEARS OF AGE (INDIVIDUALLY AND COLLECTIVELY "USER", "YOU" OR "YOUR"):
PLEASE CAREFULLY READ THE FOLLOWING teenSMART END USER LICENSE AGREEMENT (COLLECTIVELY, IN WHOLE AND IN PART, THE "AGREEMENT"). BY PURCHASING THE teenSMART MATERIALS, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT WITH LIFE LONG DRIVER, LLC, a Nevada limited liability company (SOMETIMES REFERRED TO HEREIN AS "LLD", "WE", "US" OR "OUR" AND INCLUDING ITS SUCCESSORS, ASSIGNEES, AND/OR TRANSFEREES) RELATING TO ANY AND ALL USES YOU MAKE OF THE teenSMART SOFTWARE PROVIDED WITH A COPY OF THIS AGREEMENT (THE "SOFTWARE") AND ANY AND ALL OTHER MATERIALS PROVIDED WITH OR ACCOMPANYING IT, INCLUDING, WITHOUT LIMITATION, DVD-ROM DISCS, WORKBOOKS AND OTHER PRINTED OR ELECTRONIC MATERIALS (INDIVIDUALLY AND COLLECTIVELY WITH THE SOFTWARE, IN WHOLE OR IN PART THE “teenSMART MATERIALS"). THIS AGREEMENT IS AS LEGALLY BINDING AS IF IT WAS IN A WRITTEN FORM THAT YOU SIGNED. WITHOUT LIMITATION, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITIES AND AN EXCLUSIVE REMEDY, WHICH FORM ESSENTIAL PORTIONS OF THIS AGREEMENT. CLICKING ON THE "I ACCEPT THE AGREEMENT" BUTTON AT THE END OF THE AGREEMENT, OR BY USING OR INSTALLING ANY OF THE teenSMART MATERIALS, OR BY RETAINING ANY OF THE teenSMART MATERIALS FOR MORE THAN 30 DAYS AFTER THE EARLIEST DAY YOU RECEIVE ANY OF THE teenSMART MATERIALS, CONSTITUTES YOUR UNEQUIVOCAL ACCEPTANCE OF THIS ENTIRE AGREEMENT. IF YOU DO NOT AGREE TO ANY PORTION OF THIS AGREEMENT, YOU SHOULD CLICK ON THE "I DO NOT ACCEPT THE AGREEMENT" BUTTON AT THE END OF THE AGREEMENT, EJECT THE SOFTWARE DISC IF LOADED IN ANY COMPUTER OR SIMILAR DEVICE(S), UNINSTALL AND EFFECTIVELY PURGE ALL OF THE SOFTWARE AND ITS COMPONENTS AND PROMPTLY RETURN THE SOFTWARE AND ALL OF THE OTHER teenSMART MATERIALS (INCLUDING CONTAINERS) TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND, SUBJECT TO APPLICABLE TERMS AND CONDITIONS.
THIS AGREEMENT IS NOT INTENDED TO BE ACCEPTED BY PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS UNLESS THEY HAVE THE CONSENT OF THEIR PARENT OR GUARDIAN. IF WE OBTAIN ACTUAL KNOWLEDGE THAT YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE AND DO NOT HAVE THE CONSENT OF YOUR PARENT OR GUARDIAN, WE WILL TAKE STEPS TO REMOVE YOUR CUSTOMER INFORMATION, INITIAL INFORMATION AND/OR PARTICIPANT DATA PERMANENTLY FROM OUR DATABASES (AS THOSE TERMS ARE DEFINED BELOW). BY CLICKING ON THE "I ACCEPT THE AGREEMENT" BUTTON AT THE END OF THE AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER EIGHTEEN (18) YEARS OF AGE OR OLDER, OR IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) THAT YOU HAVE THE CONSENT OF YOUR PARENT OR GUARDIAN.
LLD RESERVES THE RIGHT AT ALL TIMES TO REVISE, UPDATE, CHANGE, MODIFY, SUPPLEMENT, OR DELETE ANY OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR USE OF THE teenSMART MATERIALS WILL CONSTITUTE CONSENT TO THE TERMS AND CONDITIONS OF THE AGREEMENT IN EFFECT AT THE TIME OF USE. LLD WILL PROVIDE NOTICE OF ANY MATERIAL (AS DETERMINED BY LLD IN ITS SOLE AND EXCLUSIVE DISCRETION) CHANGES TO THIS AGREEMENT TO YOU EITHER AS AN UPDATE TO THE SOFTWARE, THROUGH THE REGISTRATION FORM, ON YOUR PACKING SLIPS, ON YOUR SHIPPING CONFIRMATION EMAILS, OR THROUGH ITS WEBSITE OR THE WEBSITES OF ITS RESELLER. CONTINUED USE OF THE teenSMART MATERIALS FOLLOWING NOTICE OF ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES. YOU ARE ENCOURAGED TO REVIEW THIS AGREEMENT FROM TIME TO TIME SO THAT YOU ARE FAMILIAR WITH THE THEN-APPLICABLE TERMS AND CONDITIONS.
1. LICENSE GRANT. Subject to the terms and conditions of this Agreement, LLD grants to you, whether you are an individual or entity, a limited, personal, non-transferable, and non-exclusive right and license to use the object code form of the Software provided with this Agreement and the other teenSMART Materials solely for your personal, non-commercial use. You may install the Software and other teenSMART Materials on a maximum of five (5) computers or devices. The term of this Agreement will be from the date you purchased the teenSMART Materials and shall continue uninterrupted for so long as LLD has any right, title and/or interest of any kind or nature now or later contemplated (the phrase "of any kind or nature now or later contemplated" is referred to in this Agreement as "AKN"), in and to any of the teenSMART Materials, including without limitation, the duration of copyright therein and thereto, and further including without limitation, any and all extensions and renewals thereof throughout the universe. Notwithstanding the foregoing, your license rights hereunder will terminate immediately without notice from LLD if you fail to comply with any term or provision of this Agreement. Upon such termination, you agree to destroy all Software, teenSMART Materials and copies thereof in your possession or control. You agree you will not copy or duplicate the Software or other teenSMART Materials, in whole or in part, except as necessary to install the Software or other teenSMART Materials on a maximum of five (5) computers or devices. Except as set forth in the preceding sentence, you agree that you will not copy or duplicate any of the Software or other teenSMART Materials. You shall not modify, distribute, transmit, display, publicly perform, reproduce, publish, license, frame, create derivative works from, duplicate, rent, lease, broadcast, exhibit or otherwise use in whole or in part the Software or other teenSMART Materials, unless expressly permitted herein.
From time to time, LLD may in its discretion release updates to specified versions of the Software or other teenSMART Materials. These updates may include new services or features, enhancements to current features, performance improvements, and/or bug fixes. Your use of the updates will be governed by the most current version of this Agreement. Some updates may require different System Requirements from the originally published requirements; it is the User's responsibility to either make necessary upgrades in order to use the updated version of the Software or use a version of the Software whose System Requirements do not exceed the capabilities of the User's system. Failure to install recommended updates may affect the functionality of the Software and/or expose your system to potential errors or vulnerabilities.
The Software and teenSMART Materials are designed to work with current standard computer hardware, operating systems, and software, as indicated in the System Requirements specified by LLD. In the event you install, update, or modify any hardware, operating systems or software (including updates to the Software and/or teenSMART Materials) such that your system no longer complies with the published System Requirements for your version of the Software, there is no assurance that the Software or teenSMART Materials you purchased will work as intended (or at all) with such hardware, operating systems or software. In such cases, you will not have any claims or demands against LLD in connection with the Software or teenSMART Materials you purchased not working as intended (or at all) with such hardware, operating systems, or software.
2. FBI WARNING. Federal law provides severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted works of every kind and nature now or later contemplated (the phrase "of every kind and nature now or later contemplated" is referred to in this Agreement as "EKN"), including without limitation, the teenSMART Materials. Criminal copyright infringement, including without limitation, of the teenSMART Materials and infringement without monetary gain, is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a $250,000.00 fine.
3. COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS. You agree that no rights, titles and/or interests AKN in or to the intellectual property in the Software and/or teenSMART Materials, including without limitation, copyrights, trade secrets, trademarks, patents or goodwill is assigned or transferred to you by your use of the Software or teenSMART Materials or otherwise and that the Software and other teenSMART Materials are and will remain the exclusive property of LLD and you will not acquire any right, title and/or interest AKN in or to the Software or other teenSMART Materials except as expressly set forth herein. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software. Permission must be obtained from LLD prior to any reproduction, storage in a retrieval system, or transmission in any form or by any means AKN including without limitation, electronic, mechanical, photocopying, recording or likewise. Moreover, as between you and LLD, LLD is from inception and shall irrevocably remain in perpetuity throughout the universe, the sole and exclusive owner and author of any and all rights, titles and interests EKN in and to the Software and teenSMART Materials including, without limitation, any and all intellectual property EKN, any and all changes, repairs, updates, alterations, revisions, derivatives, reproductions, modifications and additions thereof and thereto, all in whole and in part. You acknowledge and agree that "ADEPT Driver", “teenSMART” and all trademarks, service marks, trade names and trade dress (individually and collectively "Trademark(s)") which appear in or on the Software or other teenSMART Materials are Trademarks of LLD or its reseller, except as otherwise specifically noted in connection therewith. You may not use any Trademarks for any purpose not expressly provided for in this Agreement.
4. REVERSE ENGINEERING. You agree that you will not, you will not attempt to, and you will not knowingly allow any person to actually or attempt to reverse-engineer, translate, disassemble, circumvent, frame, model, mirror or modify the Software.
5. DISCLAIMER OF EXPRESSED AND IMPLIED WARRANTIES. LLD believes that PERSONS WHO ARE LICENSED DRIVERS AND/OR WHO ARE PERMITTED TO DRIVE IN COMPLIANCE WITH ALL APPLICABLE LAWS who learn, practice and incorporate the concepts of the teenSMART Materials will reduce their risk of being involved in car accidents. However, all drivers operate vehicles at their own risk. LLD does not warrant, expressly or implicitly and expressly disclaims any and all warranties AKN that the Software and/or teenSMART Materials will prevent any person, including without limitation, any young person using the Software and/or teenSMART Materials, from being in any car accidents. The Software and teenSMART Materials are also not a substitute for driver's education courses, classes or similar training. Except as expressly set forth herein, the Software and teenSMART Materials are being provided and you are accepting the Software and teenSMART Materials “AS IS” and any and all risks AKN as to the results, effects, quality and performance of the Software and/or teenSMART Materials are solely assumed and accepted by you.
MOREOVER, EXCEPT FOR THE LIMITED WARRANTY IN SECTION 6 BELOW, WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CLAIMS AND GUARANTEES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZED SETTINGS, THE ACCURACY, COMPLETENESS, LEGALITY, SAFETY, OR USEFULNESS OF ANY INFORMATION OR DATA COMPRISING THE teenSMART MATERIALS OR THAT THE teenSMART MATERIALS WILL MEET ALL OR PART OF YOUR NEEDS OR EXPECTATIONS, FURTHER INCLUDING WITHOUT LIMITATION, THAT THE teenSMART MATERIALS WILL GUARANTEE YOUR ELIGIBILITY FOR ANY INSURANCE DISCOUNTS OR REBATES OF ANY KIND. YOU SHOULD CHECK DIRECTLY WITH ANY ORGANIZATION, INCLUDING YOUR INSURANCE COMPANY OR AGENT FOR THEIR SPECIFIC TERMS, CONDITIONS, AVAILABILITY OF AND POLICIES REGARDING SAME.
WE ALSO DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS AKN, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING, WITHOUT LIMITATION, REGARDING (I) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO ANY OTHER SOFTWARE AND/OR HARDWARE IN CONNECTION WITH ANY USE OF THE SOFTWARE, (II) ANY COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, REVERSE ENGINEER, DISABLE, DISRUPT, OR IMPEDE IN ANY MANNER THE OPERATION OF THE SOFTWARE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LLD OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. LLD HAS NO LIABILITY WITH RESPECT TO YOUR USE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THEIR FULLEST EXTENT. IN SUCH JURISDICTIONS, LLD DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
6. LIMITED WARRANTY. LLD warrants that the Software will perform substantially in accordance with the accompanying documentation and that the teenSMART Materials are free from any physical defects for a period of thirty (30) days from the date of purchase ("Limited Warranty"). THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, alteration, misapplication or any other act or omission prohibited by this Agreement or if you have purchased or used the Software or other teenSMART MATERIALS in violation of this Agreement. Any replacement Software provided will be warranted for the remainder of the original warranty period.
LLD has no obligation to provide continuing support, corrections, updates, upgrades, bug fixes and/or enhancements for any version of its Software and any support offered by LLD is purely voluntary. From time to time, LLD may at its discretion choose to terminate support for prior versions of the Software or other teenSMART Materials. In such cases, LLD specifically has no obligation to support, update, host or maintain any version of the Software or other teenSMART Materials more than six (6) months after an End-of-Life notice has been published on its website or the website of its reseller. Customers who continue to use unsupported versions of the Software or other teenSMART Materials do so at their own risk.
7. CUSTOMER REMEDIES. The entire liability of LLD under the Limited Warranty in Section 6above and your sole and exclusive remedy thereunder shall be, at the option of LLD, to (a) correct any error or defect in the teenSMART Materials, (b) help you work around or avoid the error or defect, or (c) authorize return of the teenSMART Materials and a refund, subject to applicable terms and conditions.
8. SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
9. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL LLD OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES AKN ARISING OUT OF THE USE OF THE SOFTWARE OR OTHER teenSMART MATERIALS, EVEN IF LLD OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF LLD OR ITS AFFILIATES FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE PAID BY YOU OR ON YOUR BEHALF FOR THE teenSMART MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT LLD HAS SET ITS teenSMART MATERIALS' PRICING BASED ON THESE LIMITATIONS AND THAT THEY FORM THE BASIS OF THE BARGAIN BETWEEN YOU AND LLD. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11. GOVERNING LAW & VENUE. Unless otherwise set forth in this Agreement, the Agreement shall be governed by the internal laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within the State of California without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provisions set forth in Section 12herein.
To the extent a claim or dispute is not subject to arbitration as set forth below or a court of competent jurisdiction determines that the within arbitration provision is not enforceable to the fullest extent set forth herein, any such claim or dispute between you and LLD arising out of or relating to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the State of California.
12. ARBITRATION. You and we agree to make every reasonable effort to resolve any claim or dispute you or we may have arising from or relating to the terms and conditions of this Agreement and/or the use of the Software or other teenSMART Materials. If within 30 days of the date the claim or dispute first arose those efforts fail or are otherwise unsuccessful or unsatisfactory for any reason, you and we agree that any claim, dispute or controversy you or we may have with or against one another arising out of, relating to or connected in any way with this Agreement, the Site or the use of the Software or the teenSMART Materials, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”), and further subject to California Code of Civil Procedure sections relating to arbitration or alternative dispute resolution and to the Federal Arbitration Act, as applicable.
You and we agree further that:
(a) The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and LLD;
(b) The arbitrator shall apply California law and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
(c) The arbitrator shall not have power or authority to permit any claims or dispute to be arbitrated on a class or representative basis; arbitration can decide only your and/or LLD’s individual claims or disputes; and the arbitrator may not consolidate or join the claims of other persons or parties who may or may not be similarly situated;
(d) In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LLD will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you;
(e) BY CLICKING ON THE “I ACCEPT THIS AGREEMENT” BUTTON AT THE END OF THIS AGREEMENT, YOU ARE AGREEING TO HAVE ALL CLAIMS AND DISPUTES DECIDED BY AN ARBITRATOR AS PROVIDED HEREIN AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE SUCH CLAIMS AND DISPUTES LITIGATED IN A COURT OR JURY TRIAL, AND YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO ACCEPT THIS AGREEMENT, YOU MAY BE COMPELLED TO SUBMIT TO ARBITRATION UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO ARBITRATION IS VOLUNTARY. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ALL CLAIMS AND DISPUTES ARISING OUT OF THIS AGREEMENT FOR RESOLUTION PURSUANT TO ARBITRATION; and
(f) With the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the remaining terms of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor LLD shall be entitled to arbitrate their claim or dispute.
13. INDEMNIFICATION. You agree to fully and effectively indemnify, defend, protect and hold, on demand, to the broadest extent allowed by law, LLD and its former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-venturers, members and attorneys (collectively, the "LLD Parties") free and harmless from and against, at your sole cost and expense, any and all liabilities (including but not limited to liabilities for claims, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements and notices, including without limitation, reasonable attorneys and accountancy fees and all costs in any manner related thereto in whole and in part (collectively, “Liabilities”), further including without limitation, any and all attorneys' fees, experts' fees, accountants' fees and statutory and non-statutory actual costs occasioned by or arising out of any actual, alleged or anticipated breach (each a "Breach") by you of this Agreement, or any claim for Liabilities which are inconsistent with any agreement, covenant, representation, warranty or promise made or assumed by you hereunder or otherwise with respect to the rights and/or privileges granted to you by any of the LLD Parties. You will fully reimburse the LLD Parties on demand for any and all payments made by or on behalf of any of the LLD Parties at any time in respect of any Liabilities to which the foregoing indemnity relates. LLD agrees to give you written notice of any such claims for Liabilities to which the foregoing indemnity relates and you shall immediately undertake at your own cost and expense the defense thereof, and shall supply the LLD Parties with competent and experienced counsel acceptable to the LLD Parties in their sole discretion, to defend any such claim for Liabilities. You may participate in the defense of same at your expense, through counsel of your sole choice: provided, that the final control and disposition of same (by settlement, compromise or otherwise) shall remain with the LLD Parties. If the LLD Parties shall settle or otherwise compromise any such claim for Liabilities, the cost (including all attorney's fees and costs related thereto) shall be your sole responsibility, if said settlement or compromise was made with your prior approval, not to be unreasonably withheld, delayed or conditioned.
15. ENTIRE AGREEMENT; MISCELLANEOUS. This is the entire agreement between you and LLD. This Agreement supersedes any prior agreement, whether written or oral, relating to the subject matter herein. Time is of the essence in the payment and performance of each obligation under this Agreement. No waiver, modification or amendment of any of these terms and conditions shall be effective against LLD unless in writing and signed by an authorized representative of LLD. LLD does not waive any power or right under this Agreement or otherwise even if timely or strict compliance is not always insisted upon. All rights and remedies provided to LLD in this Agreement are cumulative and not exclusive of any other rights or remedies which LLD otherwise has at law, in equity or otherwise. These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction or by the AAA, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect (other than as set forth Section 12(f)above). The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
16. CONTACT INFORMATION. Should you have any questions concerning this Agreement, or if you desire to contact LLD for any reason, please write to LLD at:
LIFE LONG DRIVER, LLC
2374 Maritime Drive
Elk Grove, California 95758
or email LIFE LONG DRIVER, LLC at: firstname.lastname@example.org
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT I AM LEGALLY COMPETENT TO EXECUTE AND BE BOUND BY THIS AGREEMENT, AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. I CERTIFY THAT I AM EITHER EIGHTEEN (18) YEARS OF AGE OR OLDER, OR IF I AM UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE I HAVE THE CONSENT OF MY PARENT OR GUARDIAN TO PURCHASE THE teenSMART MATERIALS.