Privacy Policy

At Lance, Inc. (“Lance”, “we”, “us”, or “our” which include our group and affiliated companies), our most important asset is our relationship with our user community. We are committed to maintaining the confidentiality, integrity and security of information about our users and their organizations. This privacy policy (“Privacy Policy”) describes how we collect, use, disclose, share and secure the personal and company information you provide when you use our expense management, invoicing or bill processing software, through our mobile application (“the Application”) or visit the Lance Website https://www.justlance.co/ (“the Site” and, together with any related software, tools and services provided in connection with the Application or the Site, the “Lance Service”). It also describes your choices regarding the use, access and correction of your Personal Data (as defined in section 3 of this Privacy Policy) and how to contact us if you have any further queries or complaints about our management of your personal information.In this Privacy Policy, “you” and “your” refers to individual users of the Lance Service, as well as to Members and Corporate Members. “Members,” “Corporate Members,” and other capitalized terms not defined in this privacy policy are defined in the Lance Terms of Service.If you do not agree to the terms of this Privacy Policy you must immediately leave the Website and discontinue your use our products and services.Right of accessYou have a legal right to request the Personal Data about you held by us. On request, we will provide you with a copy of this information. You also have a right to correct, amend or delete such Personal Data where it is inaccurate.EnforcementWith respect to Personal Data received, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.MEMBER CONSENT
By submitting or making available Personal Data (as defined below) through our Site, the Lance Software or the Lance Service, you confirm that you have read and accepted the terms of this Privacy Policy and you expressly consent to the collection, storage, use and disclosure of your Personal Data in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you must not use our products and services or our Site.A NOTE ABOUT CHILDREN
We do not intentionally gather Personal Data about individuals who are under the age of 18. If you become aware that we inadvertently hold or have access to Personal Data about anyone under 18, please let us know so we can delete it.TYPES OF PERSONAL DATA WE COLLECT
So that we can provide you with our products and services, we may need to collect Personal Data (as that term is defined below) about you or others. If you do not provide us with the Personal Data we request, we may not be able to supply you with some or all of our products and services.Lance collects Personal Data from you when you visit our Site, when you send us information or communications in connection with your use of the Lance Service, and/or when you download and use the Lance Software. “Personal Data” means data that allows someone to identify or contact you or your employees, consultants, and independent contractors, including, for example, name, address, geographic location of your computer or mobile device, telephone number, credit card number, email address and bank account information. If you are accessing the Lance Service from Australia, “Personal Data” also includes any information or opinion, whether true or not and whether recorded in material form or not, by which you may be reasonably identifiable.Personal Data You Provide To UsWe collect Personal Data from you, such as first and last name, email and mailing addresses, telephone number, professional title, company name, and password, when you register for the Lance Service. In addition, we (or our third-party credit card or payment processor on our behalf) will collect Personal Data including your credit card number or account information when you upgrade to a paid account. We also retain information on your behalf, such as the Personal Data described above and any correspondence. If you provide us feedback or contact us via email, we will collect your name and email address, IP address, as well as any other content included in the email, in order to send you a reply, and any information that you submit to us, such as a resume. If we conduct a survey in which you participate, we may collect additional profile information. We may also collect Personal Data at other instances in the Site or Application user experience where we state that Personal Data is being collected.If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Lance stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. If your friend is a resident of the European Union or Australia, please make sure they are happy to be contacted by us.When you provide us with Personal Data about your contacts we will only use this information for the specific reason for which it is provided.If you believe that one of your contacts has provided us with your Personal Data and you would like to request that it be removed from our database, please contact us at info@justlance.co.Your friend may also contact us at info@justlance.co to request that we remove this information from our database.Personal Data Collected by Third PartiesWe will collect your Personal Data from you unless it is unreasonable or impracticable to do so. However, we may collect and receive Personal Data about you from companies that distribute the Lance Service by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Lance Service, or companies that provide services (such as payment processing services) in connection with the Lance Service (collectively, “Partner Companies”). Our Partner Companies may supply us with Personal Data, such as your name and email and mailing address information or your login credentials for such Partner Company’s website or service, in order to help us establish the account or fulfill orders. We may also collect your Personal Data from public sources. We may add this information to the information we have already collected from you via our Site or Application in order to perform and improve the Lance Service. If you provide us Personal Data about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Lance Service. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave the Lance Service and go to another site. During this process, a third party may collect Personal Data from you. We have no control over, do not review, do not endorse, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party. If you submit Personal Data to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.Personal Data Collected via TechnologyThe Lance Service (which may be hosted by a third-party service provider) collects Personal Data from you, such as browser type, your approximate geographic location of your mobile device or computer (from your Internet Protocol (IP) address), operating system and version, Internet Protocol (IP) address, domain name, information about your application, operating environment and hardware profiles and/or a date/time stamp for your visit. We may also use Identifiers (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and/or access to the Lance Service and your activity on the Site and the Application. Like most internet services, we automatically gather this Personal Data and store it in log files each time you visit the Site, use the Application or access your account on our network.When you interact with the Site or the Application, we try to make that experience simple and useful. We and our partners use industry standard identifiers, such as cookies or other similar technologies. We also use mobile device identifiers which perform a similar role, like the IDFA used by Apple devices and the UDID used by Android devices. Cookies are small pieces of information which are issued to your computer or mobile device (as the case may be) when you visit a website or access or use a mobile application and which store and sometimes track information about your use of the Site or Application (as the case may be). A number of cookies we use last only for the duration of your web or Application session and expire when you close your browser or exit the Application. Other cookies are used to remember you when you return to the Site or Application and will last for longer. We refer to cookies and the mobile device equivalents as “Identifiers”.We use Identifiers to:remember that you have visited us before; this means we can identify the number of unique visitors we receive;
• customize elements of the promotional layout and/or content of the pages of the Site or Application;
• collect statistical information about how you use the Site or App (including how long you spend on the Site or Application) and where you have come to the Site or Application from, so that we can improve the Site and learn which parts of the Site and which functions of the Application are most popular with users.Usage information may be linked to your account in order to assist Lance to provide services to your account, for example analyzing data for the purposes of trouble shooting. Lance will not sell or disclose usage data to any third party unless such usage data has been aggregated or de-identified and is no longer capable of identifying you as an individual.Our Site includes Social Media Features, such as the Facebook “Like” button and Widgets, such as the “Share this” button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our Site, and may set an Identifier to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.Some of the Identifiers used by the Site are set or accessed (as appropriate) by us, and some by third parties who are delivering services on our behalf.Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the Site or Application, you may not be able to take full advantage of the Lance Service.In addition to cookies, web beacons may be set by us or third parties in respect of your use of the Site or Application. Web beacons are small image files within the content of the Site or Application for analytics purposes so we or third parties can understand which parts of the Site or Application are visited and which functions of the Site or Application are used and whether particular content is of interest.When you download and use the Lance Service, we automatically collect information about the type of device you use and operating system version.We may send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.We collect your location based information for the purpose of mileage tracking and providing location specific features. We may share your geo-location data with third parties for the sole purpose of providing these services. If you do not wish to allow us to share your information in this manner please opt out by contacting us at info@justlance.co.You may opt-out of location based services at any time by editing the setting at the device level or by emailing us at info@justlance.co.We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the Application, the events that occur within the Application, aggregated usage, performance data, and where the Application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile Application.3rd Party Tracking TechnologiesWe and our affiliates (including but not limited to Google Analytics) may use Identifiers and similar tracking technologies to monitor performance and usage on the site for internal analytics and performance monitoring. These Identifiers and similar tracking technologies are used to help the Site collect and store information regarding your visit, such as session state and authentication tokens. Users can control the use of cookies at the individual browser level but if you choose to disable cookies, it may limit your use of certain features or functions provided through the Lance Service. To manage Flash cookies, please click here.The use of Identifiers by our affiliates is not covered by our privacy policy. We do not have access or control over these cookies.USE OF YOUR PERSONAL DATA
Lance uses your Personal Data in the following ways:to facilitate the creation of and secure your account on our network;
• identify you as a Member in our system;
• to provide improved administration of the Lance Service;
• to improve the quality of experience when you interact with the Lance Service, including staff training;
• to send you a welcome email to verify ownership of the email address provided when your account was created;
• to send you administrative email notifications, such as security or support and maintenance advisories;
• to collect fees and payments owing to us;
• to respond to your inquiries related to employment opportunities or other requests and to resolve disputes;
• to send with your consent (or where a friend has referred you to us) promotional communications;
• to provide you with hardcopy or electronic newsletters, or surveys;
• to send with your consent (or where a friend has referred you to us) upgrades and special offers related to the Lance Service and for other marketing purposes of Lance;
• to compare information provided by you for accuracy and verification with third parties.From time to time, we may also use your Personal Data to send important notices to you, such as communications about purchases you have made, or changes to our terms and conditions or other policies. This information is important to your interactions with us and you acknowledge that you may not opt out of receiving these communications.If you provide feedback on the Lance Service, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. Lance will collect and store any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.Any information, including Personal Data, which you elect to make publicly available on the Lance Service will be available to other Members or the public. If you remove information that you have made public on the Lance Service, copies may remain viewable in cached and archived pages of the Lance Service, or if other Members have copied or saved that information.SERVICE PROVIDER, SUB-PROCESSORS/ONWARD TRANSFER
Lance may transfer Personal Data to companies that help us provide the Lance Service. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients.CHOICE/OPT-OUT
Lance offers you the choice of receiving different types of communication and information related to our company, products and services. You may subscribe to e-newsletters or other publications; you may also elect to receive marketing communications and other special offers from us via email. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt-out mechanism for your convenience. You may also access and manage your preferences from your account.PERSONAL DATA CHANGES
If you believe that the Personal Data we hold about you may not be complete, accurate and up-to-date, you may change aspects of any of your Personal Data in your account by editing your profile within the registration portion of the Site or by sending an email to us at info@justlance.co. You may request deletion of your account information by us, but please note that we may be permitted or required (by law or otherwise) to keep this information and not delete or change it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). We will respond to your request to access within 30 days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.Blog / ForumOur Site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Data from our blog or community forum, contact us at info@justlance.co. In some cases, we may not be able to remove your Personal Data, in which case we will let you know if we are unable to do so and why.CALIFORNIA PRIVACY RIGHTS
Members who are California residents may request and obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to info@justlance.co.SECURITY OF YOUR APPLICATION AND PERSONAL DATA
Lance is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that Lance cannot fully eliminate security risks associated with Personal Data. If you have any questions about the security of your Personal Data, you can contact us at info@justlance.co.CONTACT INFORMATION
If you have any comments, questions or complaints about this Privacy Policy or if you feel that we have breached our obligations in the handling, use or disclosure of your personal information, feel free to email comments or questions to us at info@justlance.co.If you have general enquiry type questions, you can choose to do this anonymously or use a pseudonym. However, if you require information which is specific to your circumstances then it may not be possible for you to deal with us anonymously or by pseudonym. You acknowledge and agree that when contacting Lance, whether by email, chat, or otherwise, you will not include any personally identifiable information in your communications, and that if such information is included in your communications with Lance, Lance will have no legal obligation or liability with regard to such information.CHANGES TO THIS PRIVACY POLICY
If Lance makes changes to this Privacy Policy, these changes will be posted on the Site and Application in a timely manner. Lance reserves the right to modify this Privacy Policy at any time, so please review it frequently. You acknowledge that the updated policy will apply to the collection, storage, use or disclosure of Personal Data from the date of publication and it is your responsibility to check the Site and Application regularly for updates. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site and Application. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. Use of the Lance Service following such changes constitutes your acceptance of the revised Privacy Policy then in effect. We encourage you to periodically review this page for the latest information on our privacy practices.
• Use, display, mirror or frame the Lance Service, or any individual element within the Lance Service, Lance’s name, any Lance trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lance’s express written consent;
• Access, tamper with, or use non-public areas of the Lance Service, Lance’s computer systems, or the technical delivery systems of Lance’s providers;
• Attempt to probe, scan, or test the vulnerability of any Lance system or network or breach any security or authentication measures;
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Lance Service or staff member of Lance.
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lance or any of Lance’s providers or any other third party (including another user) to protect the Lance Service or Site Content;
• Attempt to access or search the Lance Service or Site Content or download Site Content from the Lance Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lance or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Lance Service to the mobile numbers of people you do not know);
• Use or disclose any Lance Confidential Information, except as otherwise explicitly set forth herein.
• Use any meta tags or other hidden text or metadata utilizing a Lance trademark, logo URL or product name without Lance’s express written consent;
• Use the Lance Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Lance Service or Site Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Lance Service or Site Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Lance Service;
• Collect or store any personally identifiable information from the Lance Service from other users of the Lance Service without their express written permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual or entity to do any of the foregoing.Lance will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Lance may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Lance has no obligation to monitor your access to or use of the Lance Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Lance Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.DIGITAL MILLENNIUM COPYRIGHT ACT NOTICEIf you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Lance Service, please notify Lance’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit Lance to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.For clarity, only DMCA notices should go to the Lance, Inc. Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Lance via info@justlance.co.Links to Third-Party WebsitesThe Lance Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Lance. You acknowledge and agree that Lance has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Lance of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Lance shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Lance Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve Lance from any and all liability arising from your use of any third-party website or services or third party content.Termination and Account CancellationIf you breach any of these Terms of Service, Lance will have the right to suspend, disable or terminate your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Lance reserves the right to revoke your access to and use of the Lance Service at any time, with or without cause. In the event Lance terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time by sending an email to  info@justlance.co.If you are party to a Statement of Work, you may terminate your obligations under these Terms of Service (a “Termination for Cause”) in the event Lance fails to perform or observe any material term or condition under these Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.In the event that your account is terminated by you or by Lance for any reason, any licenses granted herein shall terminate, but your obligations described herein under the Sections titled “Fees and Payment,” “Intellectual Property,” “Confidentiality,” “Disclaimers,” “Indemnity,” and “Limitation of Liability,” as set forth herein shall survive any termination or expiration of your use of the Lance Service or any agreement, including a Statement of Work, between you and Lance, and you will not be entitled to receive any refunds for any prepaid amounts in the event of any early termination.DisclaimersTHE Lance SERVICE AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Lance EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Lance MAKES NO WARRANTY THAT THE Lance SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Lance MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, Lance SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE Lance SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE Lance SERVICE. Lance DOES NOT WARRANT THE RESULTS OF USE OF THE Lance SERVICE, AND CLIENT ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. CLIENT SHOULD NOTE THAT IN USING THE Lance SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER Lance’S CONTROL (SUCH AS A THIRD PARTY SERVERS AND THE INTERNET). Lance MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Lance OR THROUGH THE Lance SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Lance SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Lance SERVICE. YOU UNDERSTAND THAT Lance DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE Lance SERVICE, NOR DOES Lance MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE Lance SERVICE. Lance MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE Lance SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE Lance SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE Lance SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Lance SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.IndemnityYou agree to defend, indemnify, and hold Lance, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Lance Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Lance’s intellectual property rights, and any claim by a third party that the Member Data or Member Art infringes such third party’s intellectual property rights.Lance will defend indemnify and hold you (and in the case of a Corporate Member, your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees), resulting from any claim, suit, action or proceeding alleging that the Lance Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party.Limitation of LiabilityYOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE Lance SERVICE AND SITE CONTENT REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER Lance OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Lance SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, Lance SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR Lance SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF Lance SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE Lance SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE Lance SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Lance HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL Lance’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF Lance SERVICE OR FROM THE USE OF OR INABILITY TO USE THE Lance SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Lance FOR USE OF THE Lance SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Lance AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.Export ControlYou may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.Accessing and Downloading the Application from iTunesThe following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):a. You acknowledge and agree that (i) these Terms of Service are concluded between you and Lance only, and not Apple, and (ii) Lance, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.c. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Lance and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Lance.d. You and Lance acknowledge that, as between Lance and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.e. You and Lance acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Lance and Apple, Lance, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.f. You and Lance acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.g. Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.Controlling Law and JurisdictionThese Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.Entire AgreementThese Terms of Service constitute the entire and exclusive understanding and agreement between Lance and you regarding the Lance Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Lance and you regarding the Lance Service.AssignmentYou may not assign or transfer these Terms of Service, by operation of law or otherwise, without Lance’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Lance may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.NoticesAny notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Lance (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.GeneralThe failure of Lance to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Lance. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.Contacting LanceIf you have any questions about these Terms of Service, please contact Lance at info@justlance.co. You acknowledge and agree that when contacting Lance, whether by email, chat, or otherwise, you will not include any personally identifiable information in your communications, and that if such information is included in your communications with Lance, Lance will have no legal obligation or liability with regard to such information.