Version 1.0 · Last revised: July 20, 2023
The website located at vocabulary-journal.com (the “Site”) is a copyrighted work belonging to Lexiconnect, LLC (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms of use (these “terms”) set forth the legally binding terms and conditions that govern your use of the site. By accessing or using the site, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). You may not access or use the site or accept the terms if you are not at least 18 years old.
Please be aware that Section 10.2 contains provisions governing how to resolve disputes between you and Company, including an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 10.2 also contains a class action and jury trial waiver. Please read Section 10.2 carefully.
Unless you opt out of the agreement to arbitrate within 30 days: (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.
Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1.
If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide as non-confidential and non-proprietary.
“User Content” means any and all information and content that a user submits to, or uses with, the Site. You are solely responsible for your User Content and assume all risks associated with its use. You represent and warrant that your User Content does not violate our Acceptable Use Policy. Company is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant to Company a nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, solely for the purposes of including your User Content in the Site.
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that violates any third-party right; that is unlawful, harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, obscene, or otherwise objectionable; that is harmful to minors; or that is in violation of any law. You further agree not to upload viruses or malicious code; send spam or unsolicited messages; harvest information about other users without consent; interfere with or disrupt the Site; attempt to gain unauthorized access to the Site; or use automated scripts to generate accounts or scrape data from the Site.
We reserve the right (but have no obligation) to review, refuse and/or remove any User Content in our sole discretion, and to investigate and/or take appropriate action against you, including removing content, terminating your Account, and/or reporting you to law enforcement.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content.
The Site may contain links to third-party websites and services and/or display third-party advertisements. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for them. You use all Third-Party Links & Ads at your own risk.
Each Site user is solely responsible for its own User Content. Your interactions with other users are solely between you and such users, and you agree that Company will not be responsible for any loss or damage incurred as a result of such interactions.
You hereby release and forever discharge Company from every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you waive California Civil Code Section 1542 in connection with the foregoing.
The site is provided on an “as-is” and “as available” basis, and Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the site will meet your requirements, be available uninterrupted, timely, secure, or error-free, or be accurate, reliable, complete, legal, or safe. If applicable law requires any warranties, all such warranties are limited in duration to 90 days from the date of first use.
To the maximum extent permitted by law, in no event shall Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of the site, even if Company has been advised of the possibility of such damages. Our liability to you for any damages arising from or related to these terms will at all times be limited to a maximum of fifty US dollars ($50).
These Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination, your Account and right to access and use the Site will terminate immediately, and this may involve deletion of your User Content. Sections 2.2 through 2.6, Section 3, and Sections 4 through 10 survive termination.
Company respects the intellectual property of others and asks that users of our Site do the same. We will remove infringing materials and, in appropriate circumstances, terminate the accounts of repeat infringers. To submit a copyright notice under 17 U.S.C. § 512(c), provide our Copyright Agent with your signature; identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a good-faith-belief statement; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
These Terms are subject to occasional revision. If we make substantial changes, we may notify you by email and/or by posting notice on the Site. Continued use of the Site following notice constitutes your acceptance of the changes.
You and Company agree that any dispute relating in any way to the Site, the services, or these Terms will be resolved by binding arbitration rather than in court, except that (1) either party may assert individualized claims in small claims court if they qualify, and (2) either party may seek equitable relief in court for infringement or misuse of intellectual property. Before commencing arbitration, the parties will engage in an Informal Dispute Resolution Conference. Arbitration will be conducted by JAMS under its applicable rules, governed by the Federal Arbitration Act. You and Company waive the right to a jury trial and to participate in a class, collective, or representative action. A Batch Arbitration process applies where 100 or more substantially similar Requests are filed. Full details, including the 30-day right to opt out (by writing to the address below), are set out in the authoritative text.
Notice / opt-out address: 651 N Broad St, Suite 201, Middletown, Delaware 19709, or email lerner.zhang@gmail.com, within 30 days after first becoming subject to this Arbitration Agreement.
You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company in violation of United States export laws or regulations.
California residents may report complaints to the Complaint Assistance Unit of the California Department of Consumer Affairs. You consent to electronic communications. These Terms constitute the entire agreement between you and us regarding the Site; if any provision is held invalid, the remaining provisions remain in effect. You may not assign these Terms without our consent; Company may freely assign them. Copyright © 2023 Lexiconnect, LLC. All rights reserved.
Lexiconnect, LLC
651 N Broad St, Suite 201, Middletown, Delaware 19709, USA
Email: lerner.zhang@gmail.com
This page summarizes and reproduces the Company’s Terms of Use for online display. Section 10.2 (Arbitration) governs dispute resolution in full; please contact us for the complete authoritative text.