WEBSITE GENERAL TERMS OF USE
Effective Date: August 1, 2021
1. ABOUT US
These terms and conditions (“Terms of Use”), together with the documents referred to herein apply to your use of this website, including without limitations any subdomains and systems related to this website (the "Website"). Please read this document (“Agreement”) carefully. It grants you as a user of the Website (“you”, “your”, “Users”, defined as users, visitors and customers to the Website both individual and business) certain legal rights and imposes certain obligations on you in connection with your use of the Website. If you do not agree with these Terms of Use you should not use the Website.
The Terms of Use on this Website are communicated by LARIMU (registered company number CC424635) located at 1660 Soldiers Field Road, Suite 200, Boston, MA 02135, United States. To contact LARIMU, please email office@larimu.com.
References to “LARIMU”, “us”, “we” and “our” mean LARIMU company.
By using this Website you also agree to acknowledge that the Website is hosted and operated by Squarespace platform, a website builder owned by Squarespace, Inc. “Squarespace”, “Website Builder”. Squarespace hosts and processes user content (“User Content”) on our behalf. The ways we operate and process the Website’s data may be imposed on our end users by Squarespace. You are not required to agree with Squarespace terms in addition to these Terms of Use in order to exercise this agreement.
2. GENERAL
Regardless where you reside or have your place of business, this Agreement is governed by either US law. Also, if you’re reading this in a language other than English, note that the English language version controls.
These Terms of Use cover your use of and access to the Websites, its content, products and services (collectively “Services”), including without limitations mobile and other applications.
If you are a resident of or have your principal place of business in the United States of America or any of its territories or possessions (the “US”), you are agreeing to this Agreement with LARIMU and are a “US User”. Otherwise, you are agreeing to this Agreement with LARIMU as a “Non-US User”.
Please note if you are an EU Consumer (as defined below), some of these provisions may not apply to you and you may be entitled to specific rights under the mandatory laws of the country in which you live.
If you're using the Services for or on behalf of an organization, you're agreeing to this Agreement on behalf of that organization, and you represent and warrant that you can do so. References to “you”, “your” and similar terms are construed accordingly in this Agreement. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.
If you are under the age of 16 you should obtain the consent of your parents or legal guardians before using this Website. You and your parents or legal guardians should also follow generally advised safety practices while using Internet.
Please safeguard your accounts which you may be asked to create in order to use this Website (“Account”, “Accounts”) and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You're solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
You represent and warrant that your use of the Website is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and sanctions.
Our Website uses cookies to distinguish you from other users of our Website. We use cookies in accordance with our Cookies Policy.
The Website will be made available to you free of charge in consideration of your acceptance of these Terms of Use. We reserve the right to change these Terms of Use at any time, without providing you with any notice. It is your responsibility to check them regularly or each time before you use the Website.
You expressly agree that use of the Website and related Services is at your sole risk. The Website, Materials (as defined below) and related services are provided on an "as is" and "as available" basis. LARIMU makes no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Access to the Website is permitted on a temporary basis and we do not guarantee that the Website site, or any Materials, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons at any time.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. The LARIMU’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
3. USER CONDUCT
You should not take any action which may corrupt, damage or impair the availability, accessibility and performance of our Website. You should not use our Website in any way which is illegal, unlawful, fraudulent, harmful, libelous, obscene or threatening. You should not post otherwise objectionable information of any kind, in any area of the Website including on message boards and in webchat areas. LARIMU considers as constituting objectionable information any information which constitutes or encourages the breach of any intellectual property right including copyright whether such right is owned by LARIMU or any third party.
You may not link our Website to any other websites without our prior written permission. If you would like to create a link to our Website, please contact us first at office@larimu.com to request permission. We expressly reserve the right to revoke any right which we grant to link to the Website, including for breach of any of these Terms of Use and to take any appropriate action.
We may take legal action if we discover any unauthorized use or misappropriation, misuse or infringement of our content, Website functionality, look and feel of the Website or taking any action to impair the goodwill of our trade names, trademarks or other intellectual property.
The following listed behaviors further constitute unacceptable conduct and a breach of these Terms of Use. In the event of such a breach, your right to use our Website will cease immediately.
· Attempting to gain, interfere or gain unauthorized access or use of our Website or otherwise exploit, extract, screen scrape, data mine, data harvest, publish, distribute, or reproduce any part of our Website.
· Attempting to gain unauthorized access to the server on which our Website is stored or any server, computer or database connected to our Website.
· Attempting to attack our Website via a denial-of-service attack or a distributed denial-of service attack.
· Knowingly introducing computer viruses, spyware, Trojan horse, key stroke logger, worms, logic bombs, rootkit or any other material which is malicious or technologically harmful.
· Using data collected from our Website for any unsolicited advertising, direct marketing, and phishing activity of whatever nature.
You agree to compensate us for any loss, damage, cost or expense we suffer as a consequence of a failure by you to observe and comply with the conditions of these Terms of Use.
The Services and Materials may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
4. PURCHASING CONTENT, PRODUCTS OR SERVICES ON THE WEBSITE
Any products purchased or supplied through the Website will be subject to our Terms of Sale once Webstore is available on this Website. If you wish to purchase any content, products or services offered on this Website you will be asked to provide your name and email address and depending on the method of payment you will be asked to provide details of either your credit card or your mobile phone, all of which will be handled in accordance with our Privacy Policy. Access to certain content or products may be age restricted. Where any such restriction applies you will be asked to confirm that you are old enough to purchase the items or purchase and view the content as appropriate.
5. MESSAGE BOARDS/WEBCHAT
We may monitor any message board and/or webchat area which exists on this Website though we are not under any obligation to do so. We advise you to use care and discretion when disclosing personal information on any message board or on any chat area on this Website as other users may collect and use this information and this may result in users receiving unsolicited messages from other people. Please follow generally advised safe surf practices while using Internet.
LARIMU reserves the right to remove or edit (without notice) any item of information which it considers to be in breach of these Terms of Use and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request. LARIMU also reserves the right to bar any user from the message board and webchat areas of the Website if they upload, post, publish or transmit objectionable information in these areas.
Any user of this Website should contact LARIMU immediately by email if they feel that any message posted on any message board or the content of any webchat is objectionable in any way. We will then undertake removing the objectionable messages if we consider it to be necessary.
6. QUESTIONNARIES AND FEEDBACK
6.1. Questionnaires.
In order to improve our user experience on the Website and discover our users’ preferences we may send you questionnaires. The questionnaires are entirely voluntary and you are not required to complete them if you choose not to. If at any time you wish to stop receiving such questionnaires you can reply to the email address at the bottom of the email you receive. You may also email us at office@larimu.com and let us know you do not want to receive such questionnaires.
6.2. We Can Use Your Feedback For Free.
We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
6.3. Protect And Improve The Services.
You agree that LARIMU in collaboration with the third party website builder Squarespace may protect and improve the technical functions of the Website through analysis of your use of the Services and in anonymized, pseudonymized, de-personalized and/or aggregated form. See the Squarespace’s Privacy Policy for more information about how and what they do in this regard.
7. INTELLECTUAL PROPERTY
The content of the Website including without limitation the information, artwork, text, music, video, audio, photos, software, fonts, logos, trade secrets, brand features, trademarks, copyrights and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright, trade secret, trademark and other US and foreign laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorize others to) for commercial gain, unless authorized by the appropriate copyright owner(s).
When you download the Electronic Press Release (“EPK”) you may only use the downloaded content for the sole purposes of promoting the artist who is represented by LARIMU (“Artist”) by placing that information on platforms, both digital, print or air, which platforms are related to music, arts, news, and / or life style, or other categories allowed by written agreement by LARIMU (please see forbidden use described below); you are therefore not allowed to use any of the downloaded content and or other parts of Promotional Materials (defined below) for personal or commercial use not related to promotion of the Artist. If you are not sure whether your media platform is relevant for using Promotional Materials please contact us.
We forbid to use our EPK content or any part of thereof, and / or any other Materials on that Website and / or any part of thereof, as well as any other content shared with you by the Artist or LARIMU (collectively, “Promotional Materials”) in ways which may result in personal or commercial harm to the Artist and / or LARIMU company, which ways of doing so include but are not limited to using that content in obscene content materials, regardless the form the Promotional Materials are used - visuals, texts, spoken language, or other ways, either printed, digital, or aired, regardless if the use is personal or commercial, regardless if the forbidden use of Promotional Materials was intended or not. We reserve the right to cancel access to the Promotional Materials without notice, request immediate removal of the Promotional Materials from aforementioned forbidden materials and proceed with a legal action against the violators.
All rights in the Materials on the Website are either owned by LARIMU or made available to LARIMU under license or other corresponding agreements. You may view the Website and you are welcome to print hard copies of material on it for your personal, non-commercial use. All other rights reserved.
We reserve the right to delete or disable content alleged to be infringing, and to terminate user accounts of repeat infringers without any refunds.
Framing of the Website is permitted only with LARIMU’s express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at LARIMU’s sole discretion. LARIMU reserves the right to withhold consent for any reason and any failure to monitor or control each instance of framing shall not be considered a waiver of any of LARIMU rights. Any framing by a third party shall not imply the endorsement or sponsorship of LARIMU.
8. OUR RIGHTS
Exercising Our Rights. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Materials and Services and their functionality; (b) we may suspend or discontinue parts or all of the Services and/or Materials; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services or Materials; (d) we may terminate, suspend, restrict or disable access to your accounts or parts, (e) we may change our eligibility criteria to use the Services and/or Materials (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
The Website’s templates and other technical features which are not part of content of the Website are provided and owned by Squarespace and are beyond control of this Website.
9. USER GENERATED CONTENT
By uploading photos, images, or other content ("Content") to the Website you grant LARIMU a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of the Content for any purpose.
10. PRIVACY
By using this Website including without limitation its Services and Materials, you confirm that you have read and understood our Privacy Policy. Our Privacy Policy applies every time you provide us with your personal information.
California Consumer Privacy Act. With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 - 1798.199), as may be modified from time to time (collectively, “CCPA”), solely if applicable to this Website and solely with respect to data of you as “Consumers” or “End Users” (as defined under the CCPA) which meets the definition of “Personal Information” or “PI” under the CCPA the parties agree that the Website owned by LARIMU with exclusions listed further acts as a “Service Provider” and you are a “Consumer” (as such terms are defined under the CCPA). The templates and some other features which were used to build and operate the Website are owned by Squarespace and used by the Website under a separate service agreement, these features are not part of the Service, neither are they owned by LARIMU.
LARIMU and you shall comply with our and your respective obligations under the CCPA. For example, LARIMU shall not sell your Consumer PI or otherwise disclose your Consumer PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, LARIMU may: (a) use Consumer PI internally to build and improve the quality of the Services and Products; or (b) combine the Personal Information of the End Users or other Businesses for which LARIMU is a Service or Product for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity; (c) collaboration in such detection and protection between LARIMU with Squarespace which remains an integral technical website service provider of this Website. This combined Personal Information includes IP addresses, preferences, web pages visited prior to coming to this or another website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how End Users interact with the Website (such as timestamps, clicks, scrolling, browsing times and load times).
11. THIRD PARTY LINKS AND SERVICES
When we include links to other websites, on this Website and in our newsletters and other communications, we do so solely as a convenience to our visitors. These other websites are owned and operated by third parties ("Third Party Websites"). In each case, you should be aware that the Third Party Websites are independent of the Website and we have no control over them or their content.
Your use of any Third Party Website may be subject to specific terms and conditions which apply to those Websites. Third Party Websites are not subject to the terms of these Terms of Use or any other notices published on the Website. The inclusion of any hyperlinks to Third Party Websites on the Website does not mean that we approve or endorse those Third Party Websites. We accept no liability for any statements, information, products or services that are published on or may be accessible from Third Party Websites.
Operators of such linked sites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no control. It is your responsibility to read the privacy policies of those websites, which may be different from our Privacy Policy, and decide whether to proceed. Your access and use of linked sites is solely at your own risk.
12. SECURITY
You should be aware that the Internet is not a completely reliable transmission medium. If you choose to send any electronic communications to us, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or missions beyond our reasonable control.
13. LIABILITY
13.1. Limitation of Liability
Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will LARIMU and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any losses related to your access to, use of or inability to access or use parts, some or parts of the Website or parts or all of the Services and/or Materials of this Website, including without limitation interruption of use or cessation or modification of any aspect of the Website, Services, or Materials; (d) any loses related to your use of the Website or any materials provided on or downloaded from the Website, any computer virus transmitted through the Website, your inability to use the Website at any time and any error in the provision of the Website, your use of e-mail communications to contact us; or any inaccurate information or opinions published on the Website or your reliance thereon; (e) any losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation Materials and eCommerce data; (f) or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (g) any Third Party Services or third party sites accessed via the Services.
If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not LARIMU has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of LARIMU for all claims arising out of or related to the Services, Materials and this Agreement. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
13.2. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless LARIMU and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) the Website’s Materials, the Website’s eCommerce; (c) any claims by, on behalf of or against you; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to the Website’s eCommerce operations, including without limitation sales to individual consumers (including distance sales) and other operations for which LARIMU may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
14. DISPUTE RESOLUTION
14.1. Applicability. This Section shall only apply to: (a) US Users; (b) Non-US Users who are not EU Consumers; or (c) EU Consumers who bring any claim against LARIMU in the US (to the extent not in conflict with Section 15.2).
14.2. Informal Resolution. Before filing a claim against LARIMU, you agree to try to resolve the dispute by first emailing office@larimu.com with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or LARIMU may then bring a formal proceeding.
14.3. Arbitration Agreement. You and LARIMU agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and LARIMU expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.
14.4. Arbitration Opt-Out. You can decline this agreement to arbitrate by emailing us at office@larimu.com within thirty (30) days of the date that you first agree to this Agreement. Your email must be sent from the email address you use for your Account, and must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 14.4, then Sections 14.3, 14.5, 14.6, 14.7 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 14.9 (Time for Filing), 14.10 (No Class Actions) and 15.2 (Controlling Law; Judicial Forum for Disputes); If you have any questions about this process, please contact us.
14.5. Arbitration Time for Filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
14.6. Arbitration Procedures. The arbitration will be administered in accordance with the rules and procedures administered by a legal services professional and/or organization specializing in dispute resolution (collectively “Dispute Resolution Provider”) of LARIMU’s choice in effect at the time of the dispute.
14.6.1. US Users. If you are a US User, you and LARIMU agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite Section 15.2 below). Any arbitration hearings will take place at a location to be agreed upon in Boston, Massachusetts, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Dispute Resolution Provider rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
14.6.2. Non US Users, including EU Consumers. If you are an EU Consumer who brings a claim against LARIMU in the US, you and LARIMU agree that any arbitration hearings will take place at a location to be agreed upon in Boston, Massachusetts, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of Dispute Resolution Provider’s arbitrators in accordance with the Dispute Resolution Provider rules. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
14.7. Arbitration Fees. The Dispute Resolution Provider rules will govern payment of all arbitration fees.
14.8. Exceptions to Arbitration Agreement. Notwithstanding anything in this Agreement, either you or LARIMU may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
14.8.1. US Users. If you are a US User, either you or LARIMU may assert claims, if they qualify, in small claims court in Boston, Massachusetts or any US county where you live or work.
14.8.2. Non-US Users including EU Consumers. Non-US User including an EU Consumer who brings a claim against LARIMU, such claims must be asserted, if they qualify, in small claims court in Boston, Massachusetts.
14.9. Time for Filing. Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
14.10. No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed.
15. ADDITIONAL TERMS
15.1. Entire Agreement. This Agreement constitutes the entire agreement between you and LARIMU regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement (except otherwise agreed upon in additional terms between you and a LARIMU company that sets forth such LARIMU company’s third party beneficiary rights to enforce this Agreement).
15.2. Controlling Law; Judicial Forum for Disputes.
15.2.1. US Users. If you are a US User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of Massachusetts, without regard to its conflict of law provisions, except that the Federal Arbitration Act (“FAA”) shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of Massachusetts with respect to Section 14. If Section 14 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 14.4, you and LARIMU agree that any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of Boston, Massachusetts and you and LARIMU consent to venue and personal jurisdiction in such courts.
15.2.2. Non-US Users. If you are a Non-US User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of Massachusetts, US, without regard to its conflict of law provisions. If you are an EU Consumer, this Section does not limit or affect any rights you may have under any mandatory laws of the country where you habitually live. If Section 14 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 14.4, you and LARIMU agree that, except where Section 15.2.3 applies, any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the courts of by the laws of the State of Massachusetts and you and LARIMU consent to venue and personal jurisdiction in such courts.
15.2.3. EU Consumers. If you are an EU Consumer, as long as Section 15.2; does not apply to you or your claim, you and LARIMU agree that any judicial proceeding arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) may only be brought in a court located in Boston, Massachusetts or a court with jurisdiction in your place of habitual residence. If you are an EU Consumer and LARIMU wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you habitually reside.
15.3. EU Online Dispute Resolution. If you are an EU Consumer, you can access the European Commission’s online dispute resolution platform for more information. Please note that LARIMU is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with you.
15.4. Waiver, Severability and Assignment. Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.
15.5. Modifications. We may modify this Agreement from time to time, and will post the most current version on our site. The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services.
15.6. Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services or Materials resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
15.7. Translation. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.