Lifetime Shutters Software License and Terms of Service
This Software License and Terms of Service Agreement (the “Agreement”) for the Lifetime Shutters Software (the
“Lifetime Shutters Software”), the website at www.LifetimeShutters.com,
and all other online properties and websites owned or operated by Lifetime Shutters (together with the Lifetime Shutters
Software, the “Service”) is a legal contract between the individual accepting and agreeing to this Agreement
(“you”) and Lifetime Shutters. As used in this Agreement, “Lifetime Shutters” means (i) Lifetime Shutters, Inc. if you are a
resident of the United States of America, or (ii) Lifetime Shutters GmbH if you are not a resident of the United
States of America.
Please read carefully the terms and conditions of this agreement. By clicking the “install” button to
initiate the installation of the Lifetime Shutters software, you acknowledge that you have read, understood, and
agree to be bound by all of the terms and conditions of this agreement including the requirement of binding
arbitration for all legal disputes. If you do not agree to all of the terms and conditions of this
agreement, click the “i decline” button and the Lifetime Shutters software will not be installed on your device. If
you do not agree to this agreement, you must destroy, return or delete all copies of the Lifetime Shutters software
in your possession.
By clicking the “Install” button or by otherwise registering for, accessing or using the Service, you
represent and warrant that you are Eligible (as defined below) and have not been previously suspended or
removed from the Service by Lifetime Shutters.
As provided in greater detail in this Agreement (and without limiting the express language of this
Agreement), you acknowledge the following:
- the Service is licensed, not sold to you, and you may use the Service only as set forth in this
- the use of the Service may be subject to separate third party terms of service and fees, including,
without limitation, your mobile network operator’s or Internet provider’s terms of service and fees,
including fees charged for data usage and overage, which are your sole responsibility;
- you consent to the collection, use and disclosure of your personally identifiable information in
- we provide the Lifetime Shutters Software to you on an “as is” basis without warranties of any kind and
Lifetime Shutters’s liability to you is limited;
- disputes arising between you and Lifetime Shutters will be resolved by binding arbitration. By accepting this
Agreement, as provided in greater detail in Section 15 below, you and Lifetime Shutters are each waiving the
right to a trial by jury or to participate in a class action; and
- if you post any User Content that is prohibited by this Agreement, then we may—but have no obligation
to—take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the
circumstances, such as, without limitation, suspending or terminating your account, removing your User
Content, and/or reporting you to law enforcement authorities, either directly or indirectly.
1. The Service. Lifetime Shutters provides the Service by establishing a secure Virtual Private Network
(“VPN”) connection when connecting to the Internet. The Service’s VPN utilizes a proxy Internet Protocol
(“IP”) address (a “Proxy IP Address”).
1.1 Free and Subscription Service. You may choose whether to use the free Service or the
subscription-based or Premium Service (the “Paid Service”). If you choose to use the free Service,
Lifetime Shutters may deliver third-party advertisements (“Advertisements”) to you. If you choose to use the Paid
Service, Lifetime Shutters will not deliver any Advertisements to you.
1.2 Eligibility. The service is not available to persons who are not eligible or to any users
previously suspended, terminated or removed from the service by Lifetime Shutters. “Eligible” means, with respect
to the Paid Service, 18 years of age or older, and with respect to the free Service, 16 years of age or
older. By downloading, using or accessing the Service, you represent and warrant that you are Eligible or
have the permission of a parent or guardian to use the Service. Notwithstanding the foregoing, if you are
under 16 years of age, then you must not use or access the service at any time or in any manner.
use, and disclosure of your personal information.
3. Modification of this Agreement. Lifetime Shutters reserves the right, at our discretion, to make
non-material changes to this Agreement at any time. Please check this Agreement and any guidelines notified
to you by Lifetime Shutters periodically for changes. In the event that a change to this Agreement materially
modifies your rights or obligations, we will make reasonable efforts to notify you at least 30 days in
advance of the effective date of such change. We may provide notice through a pop-up or banner within the
Service, by sending an email to any address you may have used to pay for the Lifetime Shutters Software Paid
Service, or through other reasonable means. If you do not agree to the changed Agreement you must
discontinue your use of the Service. If you are a user of the Lifetime Shutters Software Paid Service and you elect
to discontinue use of the Service due to a material change in this Agreement, we will provide you with a
refund as described in Section 9 below. All other changes are effective upon publication of the changed
4. User Content
4.1 User Content Generally. Certain features of the Service, such as the Lifetime Shutters Software Help
Desk, may permit users to post content, including messages, reviews, data, text, and other materials
(collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any
other proprietary rights that you may hold in the User Content that you post to the Service.
4.2 Limited License Grant to Lifetime Shutters. By posting or publishing User Content, you grant
Lifetime Shutters a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right and license (with the
right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User
Content, in whole or in part, in any media formats and through any media channels (now known or hereafter
developed) without any compensation paid to you.
4.3 User Content Representations and Warranties. You are solely responsible for your User Content
and the consequences of posting or publishing User Content. By posting and publishing User Content, you
affirm, represent, and warrant that:
(A) You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to
use and to authorize Lifetime Shutters and users of the Service to use and distribute your User Content as
necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by
Lifetime Shutters and this Agreement; and
(B) your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe,
violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or
(ii) slander, defame, or libel any third party.
4.4 User Content Disclaimer. We are under no obligation to edit or control User Content that you
or other users of the Service post or publish, and will not be in any way responsible or liable for User
Content. Lifetime Shutters may, however, at any time and without prior notice, screen, remove, edit, or block any
User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand
that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge
that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may have against Lifetime Shutters with respect to
User Content. To the fullest extent permitted by law, we expressly disclaim any and all liability in
connection with User Content. If notified by a user of the Service or content owner that User Content
allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole
discretion whether to remove the User Content, which we reserve the right to do at any time and without
notice. For clarity, Lifetime Shutters does not permit copyright-infringing activities on the Service.
5. The Lifetime Shutters Software
5.1 Lifetime Shutters Software License. The Service, including the Lifetime Shutters Software, is licensed, not
sold, to you. Subject to the terms and conditions set forth in this Agreement, Lifetime Shutters grants you a
limited, revocable, nonexclusive, personal, nontransferable license during the term of this Agreement to
install and use one (1) copy of the provided version of the Lifetime Shutters Software in object code format, to
access the Service for internal and personal purposes only, and on no more than five (5) Devices (as defined
in Section 6.1 below). The Lifetime Shutters Software is “in use” on a Device for purposes of this paragraph when
it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk,
CD-ROM or other storage device) of a Device.
5.2 Lifetime Shutters Software License Restrictions. You may not (and may not allow a third party to)
rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes or otherwise
transfer the Lifetime Shutters software or any of your rights and obligations under this agreement. You may not
(and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to
reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or
algorithms of the Lifetime Shutters Software by any means whatsoever, except to the extent that such restriction is
expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary
markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Lifetime Shutters Software, merge
the Lifetime Shutters Software into another program or create derivative works based on the Lifetime Shutters Software; or
(e) use, copy or distribute the Lifetime Shutters Software without Lifetime Shutters’s written authorization, except that
you may make one (1) copy of the Lifetime Shutters Software for archival or backup purposes only.
5.3 Content Restrictions. You may not (and may not allow a third party to) copy, reproduce,
capture, store, retransmit, distribute, or burn to cd (or any other format) any copyrighted content that you
access or receive while using the Lifetime Shutters software or the service. you assume all risk and liability for
any such prohibited use of copyrighted content.
5.4 Recurring Payments for Paid Service using Lifetime Shutters Software. When you purchase a subscription to
Lifetime Shutters’s Paid Service in connection with your use of the Lifetime Shutters Software, Lifetime Shutters will
automatically renew your subscription to the Paid Service at the end of its initial term and at the end of
each term thereafter. The renewal term will be for the same period of time as the initial term. This period
of time is known as the Subscription Period.
At the conclusion of each subscription term, you will automatically be billed for the Lifetime Shutters Paid Service
for a renewal subscription term lasting a period of time equal to the Subscription Period. The Lifetime Shutters
Paid Service fee is non-refundable except as expressly set forth in this Agreement. Taxes may apply on the
subscription fee. You agree to pay for the subscription that you select for the Paid Service and you
authorize us to automatically charge the payment method our service provider has on file for your recurring
If the payment mechanism (such as a credit card) we have on file for you is declined for payment of your Paid
Service subscription fee, we may retry the payment mechanism at the same or lower rate. If we do not obtain
payment, your Paid Service subscription will be canceled. If you provide us with a new form of payment and
are successfully charged within 30 days after the renewal date, your new Paid Service subscription term will
be based on the original renewal date and not the date of the successful charge. If your Paid Service is
terminated, you may be entitled to a refund, subject to limitations provided in Section 9 of this
You are responsible to canceling your subscription regardless of whether you receive any notice from
Lifetime Shutters about the renewal of that subscription. In the event that your payment mechanism expires prior to
the renewal date of your subscription, you are responsible for updating a new payment mechanism in your
Lifetime Shutters account before the renewal date of your subscription to the Paid Service. To the fullest extent
permitted by law, Lifetime Shutters makes no representations or warranties about the continued availability of any
particular form of payment method made available for use with the Service.
Several methods of cancelling the automatic renewal of your Lifetime Shutters Paid Service subscription are
available to you, and are described at the website https://support.LifetimeShutters.com/hc/en-us.
Once you have cancelled your automatic renewal, recurring subscription fees for Lifetime Shutters Paid Service fees
will no longer be charged to the payment method we have on file for your account, and your subscription will
remain active only until the end of the term for which you have fully paid the Lifetime Shutters Paid Service fee.
Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand
your paid service subscription will automatically renew periodically and you authorize us to collect the
then-applicable paid service subscription fee plus any applicable taxes, using any payment method we
have on record for you.
Lifetime Shutters currently uses third-party payment processors for electronic commerce. Our third-party e-commerce
payment processor accepts payments through methods detailed on the applicable payment screen, which may
include various credit cards. By using such third-party payment processors, you agree to their terms and
conditions of use. Such third parties may charge fees to process payments. We may, but are not required to,
pay certain fees at our sole discretion. To the fullest extent permitted by law, Lifetime Shutters disclaims all
liability with regard to any fees or problems you have with third-party payment processors.
6. The Service
6.1 Availability. You may use the Lifetime Shutters Software solely to access the Service. A computer or
other equipment enabled to access the Internet (a “Device”) is required to utilize the Service. You are
solely responsible for ensuring that your Device is sufficient and compatible for use with the Service. The
speed and quality of the Service may vary and the Service is subject to unavailability, including
emergencies, third party service failures, transmission, equipment or network problems or limitations,
interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or
6.2 Denial of Access; Lifetime Shutters reserves the right to modify or discontinue the Service at any
time without notice. If you are a user of the Paid Service, you may be entitled to a refund as described in
Section 9 below. Lifetime Shutters may deny access to the Service without any prior notice if you breach this
Agreement, and may terminate your use of the Service as described in Section 9 below. You shall not allow
any third party to access the Service from your Device.
6.3 Trusted Publisher. As part of the Service, Lifetime Shutters may install its own certificate on your
Device as a Trusted Publisher (as defined by your Internet browser). Lifetime Shutters reserves the right to make
future installs or updates to such certificates on your Device in connection with providing the Service at
any time without notice.
7. Prohibited Conduct.
BY USING THE Lifetime Shutters SOFTWARE OR THE SERVICE YOU AGREE NOT TO:
7.1 use the Lifetime Shutters Software or the Service for any fraudulent, harassing or abusive purpose,
or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any
7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service,
the Lifetime Shutters Software or any Materials (as defined in Section 10, below);
7.3 delete the copyright or other proprietary rights on the Lifetime Shutters Software or the Service;
7.4 use the Lifetime Shutters Software or the Service for any illegal purpose, or in violation of any
local, state, national, or international law;
7.5 use the Service or the Lifetime Shutters Software for any commercial use, it being understood that
the Lifetime Shutters Software and the Service is for personal, non-commercial use only;
7.6 use the Lifetime Shutters Software or the Service if you are not Eligible;
7.7 remove, circumvent, disable, damage or otherwise interfere with security-related features of
the Lifetime Shutters Software or the Service, features that prevent or restrict use or copying of the Lifetime Shutters
Software, or features that enforce limitations on the use of the Service;
7.8 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of
the Service or the Lifetime Shutters Software or any part thereof, except to the extent that such restriction is
expressly prohibited by applicable law;
7.9 modify, adapt, translate or create derivative works based upon the Lifetime Shutters Software or the
Service or any part thereof; or
7.10 intentionally interfere with or damage operation of the Service, by any means, including
uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. Third-Party Transactions
8.1 Advertisements. If you are using the free Service, Lifetime Shutters may deliver third-party
Advertisements. You hereby acknowledge and consent that Lifetime Shutters may deliver third party Advertisements to
overlay a page or as an interstitial. Lifetime Shutters reserves the right to prevent your access to the Service or
continued use thereof if you violate this Agreement, engage in fraud or copyright infringement, or employ an
ad-blocking product or other software or mechanism that prevents you from participating in advertising
programs, surveys, or other activities that involve delivery of Advertisements or other monetization of the
Service. Lifetime Shutters does not endorse any information, materials, products, or services contained in or
accessible through Advertisements. Accordingly, your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service are solely between you and such
advertiser. ACCESS AND USE OF ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS SOLELY AT YOUR OWN RISK.
8.2 Third Party Policies. If You choose to access and use third-party websites, services or
content, or purchase products from third parties, including without limitation through third-party payment
vendors while using the Paid Service, or through Advertisements while using the free Service, your personal
information may be available to a third-party content provider. If you choose to visit or use any
third-party products or services, Lifetime Shutters policies and this Agreement will not apply to your activities
or any information you disclose while using third-party products or services or otherwise interacting with
third parties. How third parties handle and use your personal information related to their sites and
services is governed by their security, privacy and other policies, if any, and not our policies. Lifetime Shutters
has no responsibility for any third party’s policies, or any third party’s compliance with them.
9. Termination; Refunds; Terms of Service Violations
9.1 Termination by Lifetime Shutters. For users of the free Service, You agree that Lifetime Shutters, in its
sole discretion, for any or no reason, and without penalty, may terminate your use of the Service or the
Lifetime Shutters Software at any time, and that Lifetime Shutters may also in its sole discretion and at any time
discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Service may be effected without prior notice and you agree that Lifetime Shutters
will not be liable to you or any third party for any such termination.
For users of the Paid Service, You agree that Lifetime Shutters, in its sole discretion, for any or no reason, may
terminate your use of the Service or the Lifetime Shutters Software at any time, and that Lifetime Shutters may also in
its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with
or without notice. If such termination or discontinuation occurs during a period for which you are a paid
subscriber to the Paid Service, You may be entitled to a pro-rated refund of your current subscription
payment amount in connection with your use of the Paid Service. If your account is terminated due to your
breach of this Agreement during the relevant cancelation period, you will not be eligible for a refund. All
refunds are issued at Lifetime Shutters’s sole discretion and any request for refund may be denied for any or no
reason. You agree that any termination of your access to the Service may be effected without prior notice
and you agree that Lifetime Shutters will not be liable to you or any third party for any such termination beyond
the refund described in this Section 9.1. If you have been terminated from the Paid Service and wish to
request a refund, please email customer service at support@LifetimeShutters.com
and describe the circumstances relating to the termination or discontinuation of your use of the Service.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies Lifetime Shutters may have at law or in equity.
9.2 Termination by You. You may terminate this Agreement at any time by discontinuing use of all
parts of the Service and certifying in writing to Lifetime Shutters that all copies of the Lifetime Shutters Software have
been destroyed or deleted from any of your Device or other storage devices.
10. Ownership; Proprietary Rights. The Lifetime Shutters Software and the Service are owned and operated
by Lifetime Shutters and its partners. The visual interfaces, graphics, design, compilation, information, computer
code (including source code or object code), products, software, services, and all other elements of the
Service or the Lifetime Shutters Software provided by Lifetime Shutters (the “Materials”) are protected by United States
copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. All Materials contained on the Lifetime Shutters
Software or Service (excluding any Materials on third-party websites) are the property of Lifetime Shutters or its
subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade
names are proprietary to Lifetime Shutters or its affiliates and/or third-party licensors. Except as expressly
authorized by Lifetime Shutters, You agree not to sell, license, distribute, copy, modify, publicly perform or
display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of
the Materials. Lifetime Shutters reserves all rights not expressly granted in this Agreement.
11. Indemnification. To the fullest extent permitted by law, You agree to indemnify, save, and
hold Lifetime Shutters, its affiliated companies, contractors, subcontractors, officers, directors, shareholders,
employees, agents and its third-party suppliers, licensors, and partners (the “Lifetime Shutters Entities”)
harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of
your misuse of the Lifetime Shutters Software or Service, any violation by You of this Agreement, or any breach of
the representations, warranties, and covenants made by You herein. Lifetime Shutters reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to indemnify
the Lifetime Shutters Entities, and you agree to cooperate with Lifetime Shutters’s defense of these claims. Lifetime Shutters
will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of
12. Export. The Lifetime Shutters Software and the Service may be subject to United States export
controls. You may not export or re-export the Lifetime Shutters Software without: (a) the prior written consent of
Lifetime Shutters, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits
and licenses. In any event, You may not remove or export from the United States or allow the export or
re-export of any part of the Lifetime Shutters Software or the Service in violation of any restrictions, laws or
regulations of the United States Department of Commerce, the United States Department of Treasury Office of
Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section
2.101, the Lifetime Shutters Software and the Service are “commercial items” and according to DFAR section
252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software
documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification,
reproduction, release, performance, display, or disclosure of such commercial software or commercial
software documentation by the U.S. Government will be governed solely by the terms of this Agreement and
will be prohibited except to the extent expressly permitted by this Agreement. The Lifetime Shutters Software and
the Service may contain information that is controlled and restricted from export by the United States
export controls restrictions, regulations, and laws described above (the “Controlled Information”). If
Lifetime Shutters, in its sole discretion, determines that it cannot implement the Service in a manner to exclude
access to Controlled Information where required, if you are in a country or territory that is subject to
such regulation, you shall not be provided access to the Service.
13. Disclaimers; No Warranties. The following provisions of this section 13 apply to the fullest extent
permitted by law:
13.1 No Warranties. Lifetime Shutters and the Lifetime Shutters entities disclaim all warranties, statutory, express
or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular
purpose, and non-infringement of proprietary rights. No information, whether oral or written, obtained by
you from Lifetime Shutters or through the service will create any warranty not expressly stated herein. You
expressly acknowledge that as used in this section 13 the term Lifetime Shutters includes the Lifetime Shutters entities.
13.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the
service and the Lifetime Shutters software is at your sole risk. the service, the Lifetime Shutters software and any data,
information, third-party Lifetime Shutters software, services, or applications made available in conjunction with
or through the service are provided on an “as is” and “as available”, “with all faults” basis and with no
assurances that the Lifetime Shutters software or the service will withstand attempts to evade security mechanisms
or that there will be no cracks, bugs, disablements or other circumvention. Lifetime Shutters and the Lifetime Shutters
entities do not warrant that the service will be uninterrupted or free of errors, viruses or other harmful
components and do not warrant that any of the foregoing will be corrected. You understand and agree that you
use, access, download the Lifetime Shutters software and otherwise obtain or transmit materials, data, or other
content while using the service at your own discretion and risk.
14. Limitation of Liability and Damages. The following provisions of this section 14 apply to the fullest
extent permitted by law:
14.1 Limitation of Liability. Under no circumstances, including, but not limited to, negligence,
will Lifetime Shutters or the Lifetime Shutters entities be liable for any special, indirect, incidental, consequential,
punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful
court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other
pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this
agreement or that result from your use of or your inability to use the service or Lifetime Shutters software, or
any other interactions with Lifetime Shutters, even if Lifetime Shutters or an Lifetime Shutters authorized representative has
been advised of the possibility of such damages.
14.2 Limitation of Damages. In no event will the total liability of Lifetime Shutters or its affiliates,
contractors, employees, agents, or third-party partners, licensors, or suppliers to you for all damages,
losses, and causes of action arising out of or relating to this agreement or your use of the service or the
Lifetime Shutters software (whether in contract, tort including negligence, warranty, or otherwise), exceed the
amount paid by you, if any, for accessing the Lifetime Shutters software and the service during the twelve months
immediately preceding the date of the claim or twenty five united states dollars, whichever is greater.
14.3 Basis of the Bargain. You acknowledge and agree that Lifetime Shutters has offered the Lifetime Shutters
software and the service, set its prices, and entered into this agreement in reliance upon the warranty
disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the
limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and
Lifetime Shutters, and that the warranty disclaimers and the limitations of liability set forth herein form an
essential basis of the bargain between you and Lifetime Shutters. Lifetime Shutters would not be able to provide the
service or the Lifetime Shutters software to you on an economically reasonable basis without these limitations.
14.4 Consumer End Users (Outside of the USA). This Section 14.4 applies only if you reside and
use the Service and Lifetime Shutters Software outside of the United States.
(A) Warranties. The limitations or exclusions of warranties and liability contained in this
Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for
solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or
exclusions of warranties, remedies or liability contained in this Agreement apply to you to only the extent
such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
(B) Data Transfer. If You are accessing the Service from any region with laws or regulations
governing personal data collection, use, and disclosure, that differ from United States laws, please be
advised that through your continued use of the Lifetime Shutters Software and the Service, which are governed by
U.S. law and this Agreement, you may be transferring your personal information to the United States and you
consent to that transfer.
15. Dispute Resolution and Arbitration
15.1 Generally. In the interest of resolving disputes between you and Lifetime Shutters in the most
expedient and cost effective manner, you and Lifetime Shutters agree that any and all disputes arising out of or
relating in any way to this Agreement or your use of the Service shall be resolved by binding arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a
judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review
by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to
arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of
this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal
theory, and regardless of whether the claims arise during or after the termination of this Agreement. You
understand and agree that, by entering into this agreement, you and Lifetime Shutters are each waiving the right to
a trial by jury or to participate in a class action.
15.2 Notwithstanding Section 15.1, you and Lifetime Shutters agree that nothing herein shall be deemed
to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims
court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such
actions are available, (iii) seek a temporary restraining order or preliminary injunctive relief in a court
of law in aid of arbitration, or (iv) to file suit in a court of law to address intellectual property
15.3 Arbitrator. Any arbitration between you and Lifetime Shutters will be conducted in English by a
single arbitrator and will be governed by (i) the Commercial Dispute Resolution Procedures and the
Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), if
you are a resident of the United States, or (ii) the Swiss Rules of International Arbitration of the Swiss
Chambers' Arbitration Institution (“SCAI”) in force on the date on which the Notice is submitted, if you are
not a resident of the United States, in each case as modified by this Agreement (in either case, the
“Rules”), and will be administered by, respectively, the AAA in case (i) and the SCAI in case (ii). The
Rules and filing forms are available online at, respectively, www.adr.org or 800-778- 7879 (for the AAA), or
www.swissarbitration.org or 41 44 217 40 50 (for the SCAI),
or by contacting Lifetime Shutters.
15.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of
the dispute to the other party, by certified mail or Federal Express (signature required), or in the event
that we do not have a physical address on file for You, by electronic mail (“Notice”). For United States
residents, Lifetime Shutters’s address for Notice is: Lifetime Shutters, Inc., PO Box 60429, Sunnyvale, CA 94088. For all
other persons, Lifetime Shutters’s address for Notice is: Lifetime Shutters GmbH, Hansmatt 32, 6370 Stans, Switzerland.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific
relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not
reach an agreement to do so within 30 days after the Notice is received, You or Lifetime Shutters may commence an
arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or Lifetime Shutters
shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if
any; provided that if our dispute is finally resolved through arbitration in your favor, Lifetime Shutters shall
pay you the greater of (i) the amount awarded by the arbitrator, if any, or (ii) the greatest amount offered
by Lifetime Shutters in settlement of the dispute prior to the arbitrator’s award, whichever is greater.
15.5 Fees. In the event that you commence arbitration in accordance with this Agreement,
Lifetime Shutters will reimburse you for your payment of the filing fee, unless your claim is for greater than US
$10,000, in which case the payment of any fees shall be decided by the Rules. Any arbitration hearings will
take place at a location to be agreed upon in Santa Clara County, California for United States residents,
and at a location to be agreed upon in Zürich, Switzerland for all other persons, provided that if the claim
is for US $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person
hearing as established by the Rules. If the arbitrator finds that either the substance of your claim or the
relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards
set forth in the United States Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be
governed by the Rules. In such case, you agree to reimburse Lifetime Shutters for all monies previously disbursed
by it that are otherwise your obligation to pay under the Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the
essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may
make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during
the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the
15.6 No class actions. You and Lifetime Shutters 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 Lifetime Shutters 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.
15.7 Enforceability. If Section 15.6 above is found to be unenforceable or if the entirety of this
Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void.
16.1 Notice. Lifetime Shutters may provide you with notices, including those regarding changes to this
Agreement, by posting the notice through the Service. Notice will be deemed given twenty-four hours after
16.2 Waiver. The failure of Lifetime Shutters to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this
Agreement will be effective only if in writing and signed by Lifetime Shutters.
16.3 Governing Law. This Agreement will be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles of conflicts of law except payments
disputes filed by customer's domiciled in the European Community or Switzerland will be treated according to
16.4 Jurisdiction. You agree that in the event of a dispute that is not subject to arbitration
pursuant to Section 15, or if Section 15 is found to be unenforceable, any action at law or in equity
arising out of or relating in any way to this Agreement or Lifetime Shutters will be filed only in the state or
federal courts located in the City and County of San Francisco, California, and You hereby consent and
submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such
16.5 Severability. If any provision of this Agreement is held to be unlawful, void, or for any
reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum
extent necessary and will not affect the validity and enforceability of any remaining provisions.
16.6 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Lifetime Shutters without restriction. Any assignment
attempted to be made in violation of this Agreement shall be void.
16.7 Survival. Upon termination or expiration of this Agreement for any reason, the following
provisions will survive such termination or expiration: Sections 4.2, 5.3, and 10 through 16.
16.8 Headings. The heading references herein are for convenience purposes only, do not constitute
a part of the terms of this Agreement, and will not be deemed to limit or affect any of the provisions
16.9 Entire Agreement. This Agreement constitutes the entire agreement between you and Lifetime Shutters
relating to the subject matter herein and will not be modified except in writing, signed by both parties.
16.10 Time Limit for Claims. You and Lifetime Shutters agree that any cause of action arising out of or
related to the service or software must commence within one (1) year after the cause of action accrues.
otherwise, such cause of action is permanently barred.
16.11 Disclosures. The Service and Lifetime Shutters Software set forth hereunder are offered by
Lifetime Shutters, Inc., PO Box 60429, Sunnyvale, CA 94088, if you are a resident of the United States of America,
and Lifetime Shutters GmbH, Hansmatt 32, 6370 Stans, Switzerland in all other cases. You may email Lifetime Shutters at: