Transaction Agreement & Online Terms and Conditions

LAST UPDATED: February 2025

BY MAKING A PURCHASE, SUBMITTING ANY INFORMATION THROUGH OR BY USING THE SITE, CUSTOMER AFFIRMS THAT CUSTOMER IS OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND CUSTOMER ACCEPTS AND IS BOUND BY THIS AGREEMENT.

CUSTOMER MAY NOT SUBMIT ANY INFORMATION OR USE THE SITE IF CUSTOMER (A) DOES NOT AGREE TO THIS AGREEMENT, (B) IS NOT AT LEAST 18 YEARS OF AGE OR OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) IS PROHIBITED FROM ACCESSING OR USING THE SITE BY APPLICABLE LAW.

This Transaction Agreement and Online Terms and Conditions ("Agreement") apply to your access or use our website located at https://www.learcapital.com/, when you (further referred to as "Customer") make online purchases, and your use of any other websites, pages, features, or content owned and operated by us that direct to this Agreement (collectively, the "Site(s)").

LEAR CAPITAL, LLC (and/or its affiliates) (collectively, "LC") and Customer agree, subject to Paragraph 2.5 below, that the terms of this Agreement shall govern all pending and future transactions between the parties involving any precious metal in any form or quantity ("Precious Metals").

IMPORTANT NOTICE: This Agreement contains a binding, individual arbitration agreement and class action waiver. This means any claim must be arbitrated on an individual basis pursuant to the terms below; claims of different persons cannot be combined or aggregated, and both Customer and LC are waiving the right to file a lawsuit in Court or have a jury decide the dispute.

DO NOT CALL REGISTRY WAIVER: By accepting the terms of this Agreement, Customer hereby expressly authorizes LC to telephone Customer at the number(s) Customer has provided or provides in the future, regardless of whether or not the telephone numbers appear in the "National Do Not Call Registry" or any state equivalent. This authorization shall remain effective unless and until Customer informs LC otherwise.

SMS/TEXTING AND FEES FOR FEATURES

1. Text message program terms. LC provides users with the opportunity to interact with LC via text messages. Mobile subscribers may enroll through the Site or by other agreement. By opting in, Customer agrees to receive LC updates and offers via text from LC and LC SMS service provider, and to be bound by this Agreement.
   
   By opting in, each LC mobile text Customer:
   • Acknowledges the participant is the authorized user of the mobile device and owner of the mobile phone number provided in the enrollment process or has been authorized to act by and on behalf of the authorized user of the mobile device and owner of the mobile phone number provided;
   • Gives LC and its authorized agents express permission to send text messages (including auto-dialed, pre-recorded and/or promotional texts) to their mobile number until the subscriber tells LC to stop;
   • Agrees to receive text messages from LC even if the registered mobile number is on a do-not-call list.
   
   Participation is voluntary. Customer is not required to participate in order to purchase services from LC. Message frequency may vary. There may be costs associated with sending and receiving text messages.
   
   
2. How to Opt-Out. Customer may opt-out through the Site, over the telephone or by a direct response to the SMS text provider's opt-out option.
3. How to Cancel. To cancel our texts, please reply STOP to any text at any time and receive one final text acknowledging receipt of your STOP request.

1. PURCHASES OF PRECIOUS METALS

1.1. Payment:

Customer must deliver funds sufficient to pay for any purchase within five (5) business days of Customer's placement of the order ("Purchase Funds").

1.2. Cancellation Policy:

1. 24 Hour Risk Free Cancellation: LC will deliver to Customer a written invoice ("Invoice") following Customer's verbal confirmation of his/her purchase. Customer then has 24 hours to cancel the transaction without penalty. Customer's invoice will specify when the 24 hour clock starts (which depends on the manner of transmission) and instructions for cancelling. Customers who modify their order during the 24 hour risk free cancellation period, or modify their order within 7 days, do not receive a new or extended deadline to cancel. Certain states require longer cancellation periods, which LC honors. Please see LC's State by State Refund Policy (which is incorporated by this reference) for details for your State of residence, which is available at https://www.learcapital.com/about-lear-capital/cancellation-refund-policy. If you perform a transaction, and your State requires a refund policy, Lear will also provide your State-specific policy along with your invoice. If your State of residence is listed in LC's State by State Refund Policy, you hereby acknowledge that you have received and agree to the policy for your State.
2. With the exception noted in this Paragraph and LC's State by State Refund Policy (certain state residents only), and subject to applicable state law, ALL SALES ARE FINAL (i.e., purchases cannot be returned for a refund).

1.3. Purchase Price:

1. Definition of Spread: The "Spread" (i.e., LC's gross profit on the transaction) is the difference between the retail price quoted to Customer for the Precious Metals being purchased and LC's cost to acquire those Precious Metals from its supplier. LC's "Spread" covers LC's operating expenses (for example, insurance, rent, salaries, marketing) and LC's profit on the transaction. LC, by contrast, does not charge a Spread on buyback transactions where the Customer purchased the Precious Metals from LC – i.e., LC does not make any profit on buyback transactions.
2. Spread Range; Spread Included In Price Quoted: The price Customer is quoted to purchase Precious Metals (plus shipping/insurance and taxes, if applicable) is the price Customer will pay; LC charges no additional fees or costs. But LC's retail sales price includes the Spread, which is quoted as a percentage of the retail price (before shipping, insurance, and sales tax, if applicable). An example calculation is provided in Paragraph 1.3(d). LC's Spreads generally range between 2% and 35% of the quoted purchase price, but vary by Precious Metal, by customer, by transaction type, and over time. Customer's exact Spread will be specified and confirmed during the transaction voice confirmation process and included in Customer's invoice.
3. Buyback / Buyback Prices:
   1. The law prohibits LC from guaranteeing to buyback the Precious Metals LC sells, and LC does not guarantee that it will buyback any Precious Metals that Customer purchases. However, as of the date of the transmission of this Agreement, LC has never refused the opportunity to buyback Precious Metals that a customer purchased from LC. If you wish to sell your Precious Metals in the future, please contact LC for current buyback pricing.
   2. In order for Customer to make a profit when Customer sells Precious Metals in the future, Customer's Precious Metals must appreciate enough to cover the difference between the price originally paid and the future buyback price received. IMPORTANT NOTE: When Customer is ready to liquidate Precious Metals purchased from LC, LC will offer the highest list bid price (to buyback the Precious Metals) offered by its wholesaler. LC's wholesaler's bid price will always be lower than its wholesale ask price, the price the wholesaler charges LC for LC to purchase that same metal for re-sale to customers. The difference between the price LC pays its wholesaler and the price quoted to Customer is the Spread, as explained in Paragraph 1.3(a).
4. Example: To illustrate, if LC's retail price for a silver coin is $40 with a 20% Spread, then LC's cost to acquire that coin for sale from its supplier would be $32 and its buyback (at the same moment in time) might be approximately $30.50. In order for the customer in the example to make a profit, the buyback price would need to appreciate from $30.50 to above $40 per coin (at the time the customer is ready to sell).
5. Quotes on Customer's Holdings: Customers may request a quote on their holdings at any time. When requesting a quote, please specify whether you are looking to purchase additional Precious Metals or sell your existing holdings, as LC's buyback (buy from customer) and retail (sell to customer) quotes will vary.
6. Replacement Due To Quality Concerns: Customer agrees to inspect each delivery carefully upon receipt. If Customer is dissatisfied with the quality of any non Bullion coin or bar (specific kinds of Precious Metals) purchased from LC, Customer must notify LC within fifteen (15) days of delivery. Provided Customer's complaint is in good faith and the coin or bar has not been defaced or the tamper resistant holder, if any, compromised, LC shall (at its sole option) either (i) replace the coin or bar in question, (ii) replace it with a reasonably comparable coin or bar, even though of a different denomination, type and grade, or (iii) cancel the transaction and refund Customer's Purchase Funds.
7. Classification: Within the Precious Metals industry, Precious Metals are sometimes referred to by different categories, such as Bullion and Numismatic, among others. To LC's knowledge, (i) there are no government regulations or industry standards defining or regulating the use of these terms, (ii) industry experts may disagree regarding which Precious Metals fall into each category and what criteria should be used when classifying Precious Metals in this manner (for example, whether the Precious Metal is fixed or limited mintage and how many were or may be minted), and (iii) classification may change over time. For example, a Precious Metal that was classified as Bullion may acquire secondary market effects (e.g., high demand; scarcity) that lead to it being reclassified as something other than Bullion in the future, or the reverse could be true, such that a Precious Metal that was classified as Numismatic at the time of sale may be treated as Bullion in the future (due to low demand; over supply). LC's classification of a Precious Metal is based on LC's own classification standards and decision-making. LC's classification is an opinion only. Other sellers may classify the same Precious Metal differently for pricing purposes. In LC's opinion, Customer should base Customer's purchase decision on the qualities of the specific Precious Metal to be purchased, not its "classification" as Bullion, Numismatic, or any other label (such as limited) as such terms may not be consistently recognized or may change over time.

1.4. Delivery of Precious Metals (Non-IRA Transactions):

Unless otherwise agreed in writing, LC shall cause all Precious Metals purchased to be delivered to the Customer's address set forth above. LC shall deliver the Precious Metals to Customer no more than twenty-eight (28) days after LC verifies that Customer's Purchase Funds are backed by good funds. (Note: It may take longer to verify personal checks.) LC only uses reputable, nationally recognized delivery services. Risk of loss passes upon delivery; LC assumes no responsibility for any Precious Metals lost after delivery to Customer (in the case of a purchase by Customer) or prior to delivery to LC (in the case of a purchase from Customer). Please contact LC immediately if you believe your shipment has been lost in transit.

1.5. Remedy for Customer's Failure to Perform:

If Customer does not cancel his or her transaction within the allowed time, but then refuses to accept delivery of the Precious Metals ordered or fails to make payment when due, LC, in its sole discretion, may cancel the transaction and resell such Precious Metals on a wholesale basis. If the proceeds from such resale are less than the contract price with Customer, LC shall be entitled to recover from Customer the difference between the resale price and Customer's contract price, plus any incidental damages occasioned by Customer's breach.

1.6. Additional, Critical Disclosures:

1. LC is a seller and purchaser of Precious Metals, nothing more. LC is not an investment or financial advisor, or retirement account fiduciary, and does not provide legal or tax advice, retirement planning or retirement specific opinions/information.
2. Customer agrees that (i) no fiduciary relationship exists between LC and Customer, (ii) the decision to purchase or sell Precious Metals, and which Precious Metals to purchase or sell, are the Customer's decision alone, and (iii) purchases or sales are made subject to Customer's own research, prudence and judgment. Customer acknowledges that investment and retirement needs vary and are individual in nature, and that the general information provided by LC may not account for Customer's specific needs.
3. LC is not an IRA custodian or administrator. If you purchase Precious Metals for placement in a self-directed IRA, LC will (at Customer's request) assist in setting up Customer's self-directed IRA with a third party provider and then facilitate the sale of Precious Metals to your IRA, as held by that third party provider. LC does not provide any IRA custodial or administration services itself.
4. In LC's opinion, Precious Metals should be considered a long-term investment. Customer should be prepared to hold any Precious Metals purchased for at least a 3 to 5 year period, and preferably 5 to 10 years, to maximize the potential for gains. Customers who do not hold their Precious Metals for a lengthy period of time are unlikely to see their Precious Metals appreciate enough to cover the Spread, resulting in a loss. In LC's opinion, Customer should only invest capital that can be held for at least this period of time. But these are just LC's opinions and they are not customer-specific; Customer ultimately must decide what is right for Customer's portfolio and objectives. LC cannot guarantee, and makes no representation, that the Precious Metals will appreciate at all or appreciate sufficiently to make Customer a profit at the expiration of this or any other period of time.
5. In LC's opinion, Customer should not invest more than twenty percent (20%) of Customer's available investment funds in Precious Metals. Moreover, Precious Metals do not yield income. But again, this is just LC's opinions and it is no customer-specific; Customer ultimately must decide what is right for Customer's portfolio and objectives.
6. The success of an investment in Precious Metals is dependent upon a number of unpredictable factors. Customer acknowledges that the Precious Metals market can be volatile, that Precious Metal prices may rise or fall over time, and that past performance is no guarantee of future performance.
7. Any written or oral statements by LC, its officers, agents, sales representatives, or other representatives relating to future events or the attributes of certain Precious Metals are opinions only. Such statements, if any, are not representations of fact.
8. LC's sales representatives are commissioned salespersons i.e., their salary is based, at least in part, on the amount and profit margin of the Precious Metals they sell. In addition, from time to time, LC's sales representatives may receive other compensation tied to sales activity e.g., sales contests; bonuses tied to the sale of certain types of Precious Metals.
9. LC's sales representatives are not licensed and their knowledge of Precious Metals and the Precious Metals marketplace varies markedly.
10. LC makes no representations regarding the tax consequences of holding Precious Metals as an investment in a self-directed IRA. Customer expressly acknowledges that Customer has been advised to seek independent tax advice, from a qualified professional, regarding the tax consequences of such an investment.

1.7. Representation/Warranty; Sales Representatives Not Authorized To Make Other Representations or Warranties:

LC represents and warrants that LC will cause to be delivered to Customer the specific type and quantity of Precious Metals purchased and that LC will pay the agreed sum upon delivery of the agreed upon and as represented precious metals sold to LC. This is the only representation and warranty Customer may rely upon in purchasing Precious Metals from or selling Precious Metals to LC. LC and its officers, agents, employees, sales representatives, or other representatives are NOT authorized to make any other representations or warranties concerning any Precious Metals that LC is selling or purchasing under this Agreement.

2. ADDITIONAL TERMS

2.1. Disclaimer of Warranties:

EXCEPT AS SET FORTH IN PARAGRAPH 1.7, PRECIOUS METALS SOLD OR SERVICES PROVIDED BY LC ARE SOLD/PROVIDED ON AN "AS IS" BASIS AND LC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE.

2.2. No Liability for Consequential Damages; Limitation of Liability: [THIS PROVISION DOES NOT APPLY TO CALIFORNIA PURCHASERS.]

IN NO EVENT SHALL LC HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN TORT, CONTRACT, WARRANTY, OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE, OR STRICT LIABILITY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUSTAINED OR ARISING FROM OR RELATED TO ANY TRANSACTION COVERED BY THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF LC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, LC'S LIABILITY TO CUSTOMER FOR ANY REASON AND UPON ANY CLAIMS SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRECIOUS METALS IN DISPUTE (LESS THE VALUE OF THE PRECIOUS METALS RECEIVED).

2.3. Application to Future Transactions:

This Agreement shall control all transactions between LC and Customer unless and until such time as it is amended by LC. Customer agrees that LC may amend this Agreement at any time and from time to time, that LC may give notice to Customer of any amendment via email, in the Account or otherwise. Any changes to this Agreement become effective as of the date posted on the Website.

2.4. Force Majeure:

Neither LC nor Customer shall be liable for any failure or delay in its or their performance under this Agreement due to any cause beyond its or their respective reasonable control, including acts of war, terrorism, acts of God, pandemic, embargo, labor dispute, governmental act or failure of the Internet including, but not limited to, any disruption, failure and/or error in or of LC's computer systems, or any disruption, failure and/or error in or of any third-party ISPs as LC may use from time to time.

2.5. Dispute Resolution; Arbitration of Disputes; Class Action Waiver:

This Agreement contains a binding, individual arbitration agreement and class waiver. This means that any claim must be arbitrated on an individual basis pursuant to the terms set forth below; claims of different persons cannot be combined or aggregated, and both Customer and LC are waiving the right to file a lawsuit in Court and to have a jury decide the dispute. Please read this section carefully.

1. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR ANY OTHER DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF ANY INTERACTION BETWEEN LC AND CUSTOMER OR USE OF THE SERVICES ("DISPUTE"), SHALL BE BROUGHT AND BE DETERMINED BY FINAL, BINDING ARBITRATION IN LOS ANGELES, CALIFORNIA, BEFORE ONE ARBITRATOR. Notwithstanding the immediately preceding sentence, if the JAMS Rules or any applicable JAMS Minimum Standards require it, or the Arbitrator concludes that it would be a financial or other hardship for Customer to participate in an arbitration in Los Angeles, the Arbitrator has the authority to hold the hearing, or any part thereof, in the county where Customer lives or to permit Customer to attend via videoconference, telephonic or similar virtual participation. JUDGMENT ON ANY AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. This agreement to arbitrate shall be interpreted and enforced pursuant to the Federal Arbitration Act.
2. To the greatest and broadest extent allowed by law, the arbitrator shall determine the scope, validity, interpretation and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration.
3. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS ARBITRATION RULES. These rules may be found at https://www.jamsa-dr.com/adr-rules-procedures/. If the arbitration proceeds in Customer's county of residence (instead of Los Angeles), and there are no JAMS arbitrators or an insufficient number of JAMS arbitrators in the jurisdiction (or another jurisdiction willing to serve in such location), and the Parties are unable to agree on an arbitrator themselves, then a different arbitral association shall be selected by JAMS to conduct the arbitration.
4. CUSTOMER AND LC WAIVE THEIR RIGHTS, IF ANY, TO BRING ANY CLAIM THAT IS SUBJECT TO THIS ARBITRATION PROVISION AS A CLASS ACTION OR OTHERWISE ON A REPRESENTATIVE BASIS. In the event this provision is held unenforceable and the matter is permitted to proceed in Arbitration as a class, private attorney general, or representative action, then the entirety of this Paragraph 2.5 (including all subparts) shall be void and of no further effect, and either party may proceed to pursue the action in court.
5. 30 Day Right to Opt Out. Customer has the right to opt-out and not be bound by the arbitration agreement in this Paragraph 2.5 by sending us a written notice via U.S. Mail, or by any available nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to LC, ATTN: Legal Department, 1990 S. Bundy Dr. Los Angeles CA 90025. Customer must sign and date the notice, and include in it Customer's name, address, email and a clear statement that Customer is opting out of this arbitration agreement. The notice must be sent within 30 days of the date on which Customer first accepts this Agreement; otherwise Customer shall be bound in accordance with this Paragraph 2.5. If Customer opts out of these arbitration provisions, LC also will not be bound by them and LC shall have the right to rescind Customer's purchase transaction for a full refund. LC must exercise such right and inform Customer of its decision within 15 days of notice of Customer's opt out.

2.6. Prevailing Parties:

In the event of any Dispute, the prevailing party shall be entitled to recover its costs of suit, and which costs shall be specifically defined to include all reasonable attorneys' fees incurred by the prevailing party related to the Dispute.

2.7. Limitation on Time to Bring Any Claim: [THIS PROVISION DOES NOT APPLY TO CALIFORNIA PURCHASERS.]

Except where the law prescribes a shorter applicable statute of limitation, or prohibits shortening the otherwise applicable longer statute of limitations, any claim or legal action of any kind arising in connection with or relating in any way to purchases from or sales to LC or any other conduct of LC, must be brought within 1 year plus 1 day after the purchase or sale or other event giving rise to the claim or legal action. If this clause is determined to be unenforceable as to any particular claim or claims under the law of the applicable jurisdiction, it shall remain fully enforceable as to all other claims.

2.8. Finality; Integration Clause:

This Agreement is intended by LC and Customer as a final expression of their agreement concerning the matters set forth herein, and is also intended as a complete and exclusive statement of the terms of their agreement. This Agreement supersedes any prior oral or written statements regarding the subject matter of any transaction.

2.9. Severance Clause:

If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator (a) to be invalid, illegal, or unenforceable, or (b) to render another provision of this Agreement invalid, illegal, or unenforceable to any extent, then the provision creating the infirmity shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.

2.10. Notice For California Customers:

Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Site of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

3. USE OF THE SITE

3.1. Account Services:

There is content on the Site which is available only if Customer creates an account. When any of the Sites require Customer to create an account ("Account") or otherwise provide user or registration information, including user name and password ("User Information"), Customer must complete the registration process by providing LC with complete, truthful and accurate information. When Customer creates an Account, Customer alone is responsible for maintaining the strict confidentiality of any user name and password relied upon to gain access to the Account, and for the use by Customer and any other person or entity that accesses the Site by use of the User Information, whether or not that access was authorized by Customer. Customer must notify LC immediately of any suspected or actual unauthorized use of the Account or the User Information, and of any and all other security breaches. Customer grants to LC and to all other persons and entities involved in the maintenance and operation of the Site(s) the right to use, store, monitor, retrieve and transmit Customer's User Information in connection with maintaining and operating the Site(s). LC's information collection and use policies with respect to the privacy of your user information are set forth in the Privacy Policy, which is incorporated in this Agreement by reference for all purposes and can be found here https://www.learcapital.com/about-lear-capital/privacy/.

3.2. User Content:

Customer has no expectation of privacy regarding Customer's use of any chat areas available on the Site. LC is not responsible for information that Customer choose to share on the chat areas, or for the actions of other parties. Use of the user content that is or contains personal data will comply with the Privacy Policy.

3.3. Third Party Websites:

The Site may contain links to websites, services and content owned and/or operated by third parties. Any separate charges or obligations that Customer may incur in Customer's dealings with these third parties are Customer's sole responsibility. LC is not responsible for any such third-party websites, services or content and does not have control over any materials made available by them. LC's inclusion of a link to a third-party website, services or content in the Site does not in any way imply LC's endorsement, advertising, or promotion of such websites, services or content or any materials made available by them. By accessing a third-party website, services or content, Customer accepts that LC does not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from Customer. We are not responsible for the privacy policies of third-party sites, or for the collection, use or disclosure of any information these sites may collect. We encourage Customers to familiarize themselves with the terms of service and privacy policy applicable to any third-party website, services or content Customer may access. LC does not warrant or endorse, does not assume, and will not have any liability or responsibility to Customer or any other person for any third-party products, services, content, materials or websites. Please note that the applicable third party is fully responsible for all goods and services it provides to Customer and for any and all damages, claims, liabilities, and costs it may cause Customer to suffer, directly or indirectly, in full or in part.

3.4. Ownership and Intellectual Property:

1. The Site and any elements thereof, including, but not limited to documentation, databases and software code (including source and object code) of the Site are owned or licensed by LC and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property rights. Unless otherwise stated, LC shall own all rights, title, and interest in any code or other data generated through the Site. All such rights are reserved.
2. This Agreement only grants Customer a limited right to use the Site to the extent specified herein, while this Agreement is in effect. This Agreement does not grant Customer any right of ownership in or to the Site or any element thereof. In particular, Customer acknowledges and agrees that Customer shall have no ownership or other property right or interest in any content that appears in the Site.
3. Customer agrees not to delete, or in any manner alter, the copyright, trademark, patent, trade secret or other proprietary rights notices or markings which may appear in the Site.

3.5. Grant of Limited License:

1. On condition of Customer's acceptance of this Agreement, LC grants Customer a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site for Customer's personal, non-commercial use only. LC reserves all rights not expressly granted herein. LC also reserves the right to terminate at any time Customer's license to use the Site for any reason.
2. The Site are licensed, not sold to Customer. For the avoidance of doubt, Customer acknowledges and agrees that LC and its licensors retain ownership of the Site.
3. The license to use the Site referred remains in effect until terminated by LC, subject that the license will automatically terminate without notice from LC if Customer in any way breaches any provision of this Agreement. Upon termination of the license for any reason and on any basis, Customer must cease all use of the elements of the Site.

3.6. Conduct and Prohibited Activities:

1. Customer agrees that Customer is responsible for Customer's own conduct while using the Site and for Customer's content, and for any consequences thereof. In addition, Customer agrees not to do any of the following, unless and to the extent it is expressly permitted by the provisions of this Agreement this Agreement or by applicable law:
   1. accessing or using the Site in an unlawful way or for any unlawful purpose;
   2. transmitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or otherwise unlawful;
   3. transmitting any viruses, malware, or other malicious code in the Site;
   4. disassembling, decompiling, reverse engineering or otherwise attempting to discover the source code of, modifying or creating derivative works of the Site or any element thereof (including, but not limited to, any software that is element of the Site);
   5. using the Site for creating any product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services or products offered by LC;
   6. using any proprietary information or interfaces of LC or other intellectual property of LC in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Site;
   7. scraping, building databases or otherwise creating temporary or permanent copies of any data or information derived from the Site;
   8. interfering with, or disrupting, the Site or any element thereof; and
   9. exploiting the Site in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity.
2. Failure to follow the rules will be considered a "material breach" of this Agreement, which could lead to suspension and/or termination of your access to the Site. In particular, in certain cases, we retain the right to prohibit your future access to the Site.