TERMS

License to use website

Unless otherwise stated, LPFm, LLC (hereafter LPFm) and/or its licensors own or have the right to use the intellectual property rights in the website and material on the website.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website (except for content specifically and expressly made available for redistribution).

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the LPFm Company’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the LPFm Company’s express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. The LPFm Company makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, the LPFm Company does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

The  LPFm Company and/or its affiliates will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the  LPFm Company has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the  LPFm Company’s liability in respect of any matter which it would be illegal or unlawful for the  LPFm Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, the  LPFm Company has an interest in limiting the personal liability of its owners, officers, directors, and employees. You agree that you will not bring any claim personally against the  LPFm Company’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the LPFm Company’s owners, officers, directors, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the  LPFm Company and its affiliate companies.

Indemnity

You hereby agree to indemnify the LPFm Company and undertake to keep the LPFm Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the  LPFm Company to a third party in settlement of a claim or dispute on the advice of the  LPF mCompany’s legal advisers) incurred or suffered by  LPFm Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to the  LPFm Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the LPFm Company may take such action as the LPFm Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

The LPFm Company may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

The LPFm Company may transfer, sub-contract or otherwise deal with the  LPFm Company’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Entire agreement

These terms and conditions, together with the privacy policy constitute the entire agreement between you and the LPFm Company in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Utah State law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Utah.

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PRIVACY POLICY

LPFm COMPANY PRIVACY POLICY 

Please read this Privacy Policy carefully.

LPFm, LLC (hereafter LPFm), together with its affiliates, “Company”, “we”, “us”, and “our”, is committed to ensuring the security and protection of the personal information that we collect. This Privacy Policy includes (a) our products or services and processes, which may result in the collection of personal data; (b) the purpose for processing personal data; (c) the persons or entities with whom we share personal data; and (d) how long we maintain personal data. This Privacy Policy applies to:

• All information we collect through the products, events, promotions, surveys, contests and all other services (collectively, the “Services”) provided on our websites, applications and platforms, including mobile websites, applications and platforms, any affiliated or non-affiliated third-party sites, and all social media platforms (collectively, the “Sites”); and
• All current, potential and former employees, users, independent contractors, vendors, third parties and/or any other persons whose personal data we have collected electronically, in person or otherwise.

Special Note: The Sites are general audience sites and are not designed or intended to target children younger than 13. We do not knowingly target or collect personal information from any person younger than 13.

What Information Do We Collect? 

Information We Collect Automatically. If you use the Sites, read or download information, your web or mobile browser may automatically send us your internet or other network activity, including one or more of the following (collectively, “Network Information”):

• Your internet protocol (IP) address, registration date, and one or more cookies that may uniquely identify your browser;
• Your internet domain and the specific path, actions and navigation choices;
• The internet address of the site from which you linked the Sites, and the time and date you accessed the Sites;
• Your browsing history, search history, information on your interaction with the Sites or other websites and applications or advertisements; and
• Your browser software, operating system and browser language, and information about your location and mobile device, including a unique identifier for the mobile device.

Why We Collect:

We collect this information for business and commercial purposes, including in order to:

• Maintain or analyze the functioning of the Sites or Services and to maintain network communications;
• Monitor and analyze web traffic and online behavior for search engine optimization and social media marketing;
• Host data files that enable the Sites to function, be distributed, and to provide specific features or parts of the Sites;
• To create, maintain, customize, secure, and manage your accounts with us, including for accounting, finance, and dispute resolution purposes (such as accounts receivable, accounts payable, account reconciliation, cash management, or money movement) and for consolidated management and reporting;
• To personalize your experience on the Sites and to deliver content and Services relevant to your interests and requests through our Sites (with your consent as required by law);
• To process your requests, purchases, transactions, and payments and to prevent financial fraud and other illicit activity;
• For testing, research analysis, and product development, including to develop and improve the Sites and Services;
• Initiate, assess, develop, maintain, or expand a business relationship, including negotiating, contracting, and fulfilling obligations under contracts;
• Manage a database of email information, phone information or other information and send transactional communications (such as requests for information, responses to requests for information, orders, confirmations, training, and service updates);
• Assure quality control and to enforce Company’s standards and policies;
• Manage security, including monitoring individuals with access to the Sites and Services, applications, systems, or facilities, investigation of threats, and as needed for any data security breach notification;
• Manage relationships with current and potential customers and for marketing purposes, including sending marketing, promotional, product and service, and customer communications and surveys and other communications to individuals who have not objected to receiving such communications;
• Anonymize or de-identify the personal information;
• View and incorporate content hosted on external sites; and
• Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

Information You Give To Us and Information We Collect From Others. 

If you use the Sites or Services, or you otherwise use or purchase our Services, we receive and store information you enter on the Sites, or that you give us in-person, via telephone, email, or otherwise. We may also collect personal information from third parties that operate (a) portions of the Sites and Services on our behalf or (b) independent websites. When we obtain personal data from third parties, we will treat the acquired information like the information that we collect ourselves. Depending on the Services we provide to customers and/or the services being provided to us by other third parties, we may collect (and over the previous 12 months have collected) the following information about you from you and/or others:

• Network Information;
• Personal information and identifiers, such as name, postal address, email address, telephone numbers, account name, social security number, driver’s license or state identification card number, passport number or other similar information, physical characteristics or description, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information (collectively, “Personal Information and Identifiers”);
• Protected classification information, such as race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status, sexual orientation or other similar information (collectively, “Protected Class Information”);
• Commercial information, such as the Services purchased, obtained or considered, or other purchasing or consuming histories (collectively, “Commercial Information”);
• Biometric and identifying information, such as fingerprints, faceprints, voiceprints, iris or retina scans, keystroke, gait or other physical patterns, and sleep, health or exercise data, genetic, physiological, behavioral and biological information or other similar information (collectively, “Biometric Information”);
• Sensory data, such as audio, electronic, visual, thermal, olfactory or similar information (collectively, “Sensory Information”);
• Geolocation data, such as physical location or movements (collectively, “Geolocation Information”);
• Professional or employment-related information, such as work history and job descriptions with current and prior employers (collectively, “Employment Information”);
• Education information, such as student financial information, grades, transcripts, class lists and other records related to a student maintained by an educational institution or party acting on its behalf (collectively, “Education Information”); and
• Inferences drawn from any of the personal information listed above to create a profile or summary, such as, for example, an individual’s preferences, abilities, aptitudes, predispositions, and characteristics (collectively “Profile Information”).

How We Collect Information Using Technologies and From Third Parties. We may use cookies to recognize you when you return to the Sites in order to provide you with a better user experience. Technologies like cookies, pixel tags, device or other identifiers and local storage are used to deliver, secure, and understand products, services, and ads, on and off Facebook, Instagram, Twitter, LinkedIn, YouTube, and other social media platforms. They also are used to gather information for remarketing to similar audiences on our Sites. We also allow our affiliates and third-party vendors to use cookies on our Sites; some of these parties may use cookies in ways that we do not. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log onto our Sites.

• Web Beacons. Pages of the Sites and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (i.e., recording the popularity of certain website content and verifying system and server integrity).
• Flash Cookies. Certain features of our Sites may use local stored objects (or Flash Cookies) to collect and store information about your preferences and navigation to, from, and on our Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Behavioral Tracking. We also may use these technologies to collect information your online activities over time and across third-party websites or other online services. Some web browsers may transmit “do not track” (“DNT”) signals to the Sites with which you communicate. We currently do not change our tracking practices in response to DNT settings in your web browser. Our third party partners, such as web analytics companies and third party ad networks, may collect information about you and your online activities over time and across our Sites and Services. These third parties may not change their tracking practices in response to DNT settings in your web browser and do not obligate these parties to honor DNT settings. We utilize Google Analytics for our web analytics and you can opt out of your usage data being included in our Google Analytics reports by visiting Google’s ad settings or by visiting https://tools.google.com/dlpage/gaoptout  Because of this, third-party vendors, including Google and Microsoft, show our ads on sites across the internet. You may also opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Do We Share Information With Third Parties? 

We take reasonable precautions to be sure that nonaffiliated third parties and affiliates, to whom we disclose your personally identifiable information are aware of this Privacy Policy and will treat the information in a similarly responsible manner. Our contracts and written agreements with nonaffiliated third parties that receive information from us about you prohibit those parties from transferring the information other than to provide the Services that you obtain from us.

Over the previous 12 months, we have shared the following categories of personal information with third parties: Personal Information and Identifiers, Protected Classification Information, Commercial Information, Biometric Information, Network Information, Biometric Information, Geolocation Information, Employment Information, Education Information, and Profile Information.

We will not disclose your personal information to third parties except to provide you with information or services you request, deliver our Services that include your personal information, or under certain circumstances as described in this Privacy Policy, including:

Your Consent. We may share personal data with your consent.

Disclosure For Legal Reasons. We may release personal data to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct. We may also disclose personal data where needed to affect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions.

Agents & Contractors. Our contractors sometimes have access to your personal data in the course of assisting in the operation of our business and providing Services to you. These contractors include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of the Sites and the Services. Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. Contractors have an obligation under their contracts with us to keep your information confidential and to comply with our privacy and security policies.

Links To Other Sites. The Sites may contain links to other websites and resources located on servers maintained by third parties. These links are provided for your convenience and information only and, as such, you access them at your own risk. When you click on one of those links, we will not provide any personal information about you, but may let the site know that you came from the LPFm Company Sites. We do not control the privacy practices and policies of other sites. Please read their privacy policies in order to understand what information they collect about you and how they use it.

Aggregated, Non-Personal Information. We may share aggregated, non-personal information about you with third parties. This is information that is combined with the non-personal information of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information. We also may not limit the third parties’ use of the aggregated information.

Changes In Our Corporate Structure. If all or part of the LPFm Company is merged, acquired or otherwise transferred to another entity, the personal data you have provided to us may be transferred as part of that transaction. We will take steps to ensure that any personal data that is transferred will not be used or shared in a manner inconsistent with this Privacy Policy, as it may be amended.

Do We Sell Your Personal Information?

No. Although the LPFm Company shares data with third parties as outlined in this Privacy Policy, the LPFm Company does not sell any of your personal information to any third party.

How and Where Do We Process and Store Data?

Methods of Processing. The data processing is carried out in accordance with our privacy procedures and policies and using computers and/or related software and IT tools. In some cases, the data may be accessible to certain types of (i) internal parties in charge or involved with the operation of our Sites and Services (i.e., administration, legal, sales and marketing, etc.) or (ii) external parties who assist us in providing, operating, and maintaining our Sites and Services, (i.e., third-party technical service providers, mail carriers, hosting providers, communications agencies, etc.). Still, we notify both internal and external parties of this Privacy Policy and require that internal parties (through employment agreements and related employment policies) and external parties (through written agreements) keep and maintain the data in accordance with the safeguards described in this Privacy Policy and related policies and procedures.

How Do We Protect Personal Data?

The LPFM Company protects data using administrative, technical, and physical safeguards. When we use third-party service providers, we ask those providers to implement similar safeguards. However, we cannot guaranty that your information is completely secure either within the Company or on the systems of third-party service providers.

How Long Do We Keep Your Personal Data?

We retain personal data we collect from you when we have an ongoing legitimate business need to do so (i.e., to provide you with the Services you have requested or to comply with applicable legal requirements). When we no longer have an ongoing legitimate business need to process your personal information, we will physically destroy, delete or anonymize it or, if this is not possible, then we will securely store your personal data and isolate it from any further processing until deletion is possible.

How To Contact Us

If you have any questions regarding this Privacy Policy or exercising any of your privacy rights, please contact us via the form on the CONTACT PAGE at any of our sites.

Changes To This Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will give notice to you via (i) the Sites or (ii), where feasible, and at our discretion, contact information available to us. We encourage you to periodically review this Privacy Policy so as to remain informed on how we are protecting your information.