End User License Agreement

LGPass Terms and Policies

This document governs the terms and policies applicable to users of the LGPass system. LGPass may also operate under alternate names, which may change over time. These naming variations don't alter the nature or terms of the agreements contained herein.

LGPass is a system used by its users (referred to throughout this agreement as "LGPass user(s)") for educational, business, and transactional purposes. This End User License Agreement is written for and being presented and approved within the LGPass system.

1. Term and Termination

This agreement will remain in effect for the duration of the LGPass user’s participation in the LGPass system unless terminated earlier in accordance with the terms herein. Either party may terminate this agreement with notice, subject to any applicable cancellation terms outlined below.

2. License Grant

LGPass grants the LGPass user a limited, non-exclusive, non-transferable license to access and use LGPass for internal business purposes in accordance with the terms herein. Membership and access to LGPass is granted on a subscription basis. Any misuse or sharing of login credentials is strictly prohibited and may result in immediate termination.

3. Cancellations and Refunds

You can cancel your LGPass subscription anytime. To cancel, simply initiate the cancellation process within your LGPass account settings or by sending an email to support@lgpass.com. Your cancellation will be processed promptly, and access will continue until the end of your current billing period.

Refund Policy: All sales are final. We offer a strict 7-day money-back guarantee for all new subscriptions only, calculated from the original date of charge. This guarantee is subject to LGPass's sole discretion and verification of non-use or legitimate technical issues preventing access. After this initial 7-day period, absolutely no refunds, partial refunds, or prorations of any kind will be issued for any reason, including but not limited to non-use, dissatisfaction, changes in personal circumstances, or early cancellation. By subscribing, you acknowledge and agree to this no-refund policy beyond the initial 7-day period.

4. Use Restrictions

LGPass user agrees not to: (a) reverse engineer, decompile, or disassemble the system; (b) use the system in any unlawful manner; (c) permit third-party access without consent; (d) upload harmful code.

5. Intellectual Property Rights

All intellectual property rights in and to LGPass, including its software code, documentation, and related materials, are and will remain the exclusive property of LGPass. This agreement does not grant the user any ownership rights—only a limited license to use the product as specified herein.

6. Warranty Disclaimer

LGPass is provided “as is” and “as available.” The Company makes no warranties or representations of any kind, express or implied, regarding the system’s functionality, availability, fitness for a particular purpose, or freedom from errors or interruptions. Your use of LGPass is at your sole risk.

7. Indemnification; Insurance

A. Indemnification. LGPass user agrees to indemnify, defend, and hold harmless LGPass and its officers, directors, shareholders, agents, and representatives from any and all losses, claims, demands, damages, liabilities, and obligations, including reasonable attorney fees and costs, arising from or related to the LGPass user's use or misuse of the system, breach of this agreement, or violation of any applicable law or third-party rights. B. Insurance. LGPass user is solely responsible for maintaining commercial general liability and professional liability insurance as is commercially reasonable.

8. Confidential Information

In the course of using LGPass, users may provide data or materials that contain sensitive or confidential information, including but not limited to recipient details, letter contents, and mailing preferences (“Confidential Information”). LGPass agrees to:

• Treat all such Confidential Information with strict confidentiality;
• Use the information solely for the purpose of processing and delivering the requested mailings;
• Not disclose or share this information with any third party, except as required to fulfill the service or as required by law;
• Implement reasonable safeguards to protect the confidentiality and integrity of such information.

9. Non-Disparagement

LGPass user agrees not to make, publish, or communicate any defamatory, disparaging, or negative remarks, comments, or statements about LGPass, its employees, affiliates, products, services, or clients, in any public or private forum (including social media), especially while actively using or following the termination of their access to the LGPass platform. This does not restrict any legally protected rights to report unlawful conduct.

10. Compliance Responsibility; Errors and Omissions

LGPass endeavors to develop and maintain reliable software. However, it's the sole responsibility of the LGPass user(s) to ensure their use of LGPass complies with all applicable federal, state, and local laws. LGPass isn't liable for any errors or omissions in user-generated content or communications, including but not limited to letters, forms, or marketing materials distributed through the system.

11. Equitable Relief

Violations of Sections 5 (Intellectual Property Rights) or 8 (Confidential Information) will cause irreparable harm to LGPass, entitling LGPass to immediate injunctive relief (without the requirement of posting a bond or other security), in addition to any and all other remedies available at law or in equity, including damages and recovery of any resulting profits.

12. Governing Law; Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-law rules.

13. Dispute Resolution

A. Mandatory Binding Arbitration. Except for actions seeking injunctive relief under Section 11, any and all disputes, controversies, or claims arising out of or relating to this agreement, its breach, termination, or validity shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. B. Mediation (Optional Pre-Arbitration Step). The parties may, by mutual written agreement, elect to attempt mediation prior to arbitration. If mediation is pursued, a mediator shall be selected per AAA rules. Each party bears its own costs; mediator fees are shared. If mediation fails within 30 days, arbitration proceeds as per Subsection A. C. Arbitration Process. A single arbitrator will be selected under AAA rules. The arbitration will be conducted in Maricopa County, Arizona. The arbitrator shall have the authority to grant any relief that would be available in a court of law, including equitable relief. The decision of the arbitrator shall be final and binding upon both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. D. Waiver of Class Action. The LGPass user expressly waives any right to participate in a class action lawsuit or class-wide arbitration against LGPass, its affiliates, or related entities. All claims must be brought in the LGPass user's individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

14. Formal Dispute Resolution Notice

Prior to initiating any formal mediation or arbitration, the LGPass user must provide LGPass with a detailed written notice of the dispute via email to support@lgpass.com. This notice must comprehensively describe the nature of the dispute, the specific facts supporting it, and the precise resolution or outcome the LGPass user seeks.

15. Entire Agreement; Modification; Assignment

This document constitutes the entire agreement between the parties regarding LGPass and supersedes all prior and contemporaneous agreements, proposals, or representations, whether written or oral. Modifications to this agreement must be in writing and signed by an authorized representative of LGPass. LGPass user may not assign this agreement or any rights hereunder without the prior written consent of LGPass.

16. Severability

If any provision of this agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

17. Notices

All notices and communications required or permitted under this agreement shall be in writing and sent solely via email to support@lgpass.com. Notices shall be deemed effective upon the date of sending.

18. Attorneys’ Fees

In any action or proceeding brought to enforce or interpret the terms of this agreement, or arising from any breach hereof, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees, investigation costs, expert witness costs, court costs, and collection fees incurred.

19. Headings

Headings are for convenience only and don't affect interpretation.

20. Survival

The obligations of the LGPass user under Sections 4 (Use Restrictions), 5 (Intellectual Property Rights), 7 (Indemnification; Insurance), 8 (Confidential Information), 9 (Non-Disparagement), 11 (Equitable Relief), 13 (Dispute Resolution), 14 (Formal Dispute Resolution Notice), 15 (Entire Agreement; Modification; Assignment), 16 (Severability), 17 (Notices), 18 (Attorneys’ Fees), and this Section 20 (Survival) shall survive the termination or expiration of this agreement.

21. Effective Date and Amendments

This agreement is effective as of July 22, 2025. It supersedes any prior End User License Agreements or related terms. LGPass reserves the right to update or modify this agreement at any time. LGPass users will be notified of material changes and will be required to acknowledge and accept the updated terms to continue using the service.