Terms of service

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS GOVERN YOUR SUBSCRIPTION TO AND USE OF OUR SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF OUR SERVICES, YOU REPRESENT THAT:

1. YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS
2. YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT
3. THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION IS TRUE, ACCURATE AND COMPLETE
4. YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT

ONCE ACCEPTED, THESE TERMS AND CONDITIONS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND LHM MEDIA TEXAS AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "COMPANY" "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF OUR SERVICES AND ALL OTHER INTERACTIONS WITH THE COMPANY.

Changes to Terms and Conditions

The Company reserves the right to make changes to these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of our Services following the posting of any revised Terms and Conditions constitutes your acceptance and agreement to the updated Terms and Conditions.

No Guarantee of Results

We do not guarantee results and make no promise that your business will be profitable through use of our Services. If you use our Services, you do so at your own risk and are solely responsible for any decisions and actions that result from your decision to use our Services. You agree to take full responsibility for any results you may or may not receive from use of our Services.

Fees and Auto-Renewal

You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of our Services is subject to the timely payment of your Fee. Fee rates may change from time to time. Fees will be billed in advance on a monthly or annual basis, depending on your subscription plan. We will automatically charge the card on file when your Fees become due.

Notices

All notices to a party shall be in writing and shall be made via email. Notices to the Company must be sent to accounting@lhmmediatexas.com. If we need to provide notice to you, we will do so in writing via email to the email address you have designated. Notices are effective upon receipt. It is your responsibility to keep all email addresses associated with your account current and accurate.

Limitation of Liability and Damages

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES EXCEPT FOR DIRECT COMPENSATORY DAMAGES. WE WILL NEVER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS OR REPUTATION, OR DAMAGES BASED ON ANY KIND OF MULTIPLE. OUR TOTAL AGGREGATE LIABILITY HEREUNDER TO YOU SHALL NEVER EXCEED THE AMOUNT PAID FOR THE SERVICE. THESE LIMITATIONS OF LIABILITY AND DAMAGES SHALL APPLY REGARDLESS OF YOUR REMEDIES' FAILURE OF THEIR ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold the Company harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys' fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of our Services, including but not limited to:

a) Your use of or reliance on information or data supplied to you, your employees, agents, or customers
b) Any breach of or default under these Terms by you, your employees, agents, or customers
c) The wrongful use or possession of our Services by you, your employees, agents, or customers
d) Any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers
e) Misrepresentations by you, your employees, agents, or customers
f) Violation(s) of applicable law
g) Your actions and the actions of your employees, agents, or customers
h) Any disputes between you and other users or your customers

Class Action Waiver

To the greatest extent permitted by applicable law, you agree that you cannot bring a Dispute as a plaintiff or class member in a class action, consolidated action, or representative action.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Texas, without regard to any conflicts of laws principles. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW.

Dispute Resolution

Any dispute, question or difference arising between you and the Company shall be finally settled in accordance with Commercial Arbitration rules and regulations of the American Arbitration Association then in effect by one or more arbitrators mutually selected by the parties. You hereby consent to arbitration to be held within San Antonio, Texas, and irrevocably agree that all actions or proceedings relating to these Terms and Conditions shall take place in San Antonio and waive any objections that you may have based on improper venue or forum non conveniens.

Termination

The Company may terminate your subscription and your right to use our Services at any time and for any reason without notice. You may cancel your subscription at any time ONLY upon thirty (30) days prior written notice to accounting@lhmmediatexas.com. You are responsible for all charges due up to the end of the properly noticed thirty (30) day notice period. All payments made will be non-refundable.

Force Majeure

The Company will not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunications outage that is not caused by the Company; pandemic, widespread illness, government restrictions; or other event outside the reasonable control of the Company.

Electronic Signatures

You agree that your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means.

Changes to the Terms

Your use of our Services is governed by the then-current version of the Terms and Conditions in effect on the date of such use. The Company may modify these Terms and Conditions at any time without notice by posting the modified Terms and Conditions. Your continued use after any changes constitutes your agreement to be bound by the updated Terms and Conditions.

Contact Information

14255 Blanco Road
San Antonio, TX 78216
Email: accounting@lhmmediatexas.com
Phone: 210-481-6464

Last Updated: January 1, 2025