Terms of Service

Effective Date: July 1, 2025

Lewis Management Corp., a Delaware corporation, owns and operates domains and websites for the Lewis Group of Companies. These include, among others, lewisgroupofcompanies.com, lewisapartments.com, lewisretailcenters.com, lewiscareers.com, and lewismc.com.

These Terms of Service (“Terms”) set forth a legally binding agreement between you and Lewis Management Corp., and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, “LMC”). These Terms govern your use of any LMC applications, programs, products, software, services and websites (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE CONTINUING TO ACCESS, BROWSE, OR USE THE SERVICES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING LMC’S LIABILITY (SECTION 8) AND REQUIRING THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS (SECTION 10).

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Services following a change to these Terms signals your acceptance of the modification(s). In some instances, both these Terms and separate terms setting forth additional conditions may apply to a service or product offered via the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

By accessing or using the Services, you acknowledge and agree to all terms and conditions contained in these Terms and acknowledge and consent to our privacy practices as described in our Privacy Policy here, which is incorporated into these Terms. If you do not agree to these Terms, please do not access or use the Services.

1. Use of the Services

Content. The Services may contain materials and other items relating to LMC and its services including data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services (collectively “Content”). All rights, title, and interest in and to the Services and the Content is the property of LMC, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

Limited License. Subject to your strict compliance with these Terms, LMC grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Services, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Services or any Content; and (ii) may be immediately suspended or terminated for any reason, in LMC’s sole discretion, and without advance notice or liability. Your unauthorized use of the Services or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Restrictions. If you access, register an account, or otherwise use the Services, you represent you are at least the age of majority in your jurisdiction. The Services are not intended for children under the age of 18 and we do not knowingly collect personal information online from individuals under the age of 18. If we become aware that we have obtained personal information from a child under the age of 18, we will delete such information in accordance with applicable law.

Prohibited Uses. LMC imposes certain restrictions on your permissible use of the Services. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Services, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with our service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (iv) using the Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; or (v) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by LMC in providing the Services. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Services and only for purposes consistent with these Terms. You may not circumvent any access or use restrictions, data encryption or content protection related to the Services. You may not data mine the Services or in any way cause harm to the Services.

Requests and Notifications. You agree to cooperate with all reasonable requests from LMC and to notify LMC promptly upon learning of any actual or suspected unauthorized use or abuse of the Services, or if you breach these Terms.

Reservation of All Rights. All rights not expressly granted to you are reserved by LMC and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Services for any purpose is prohibited.

2. Access to the Services

Your use of the Services must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by LMC in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Services or to receive any communications from LMC.

Availability of Services. The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of LMC, access to the Services may be interrupted or suspended from time to time. LMC shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, Content, availability, and equipment needed for access or use.

Suspension or Termination. LMC may immediately suspend or terminate the availability of the Services, in whole or in part, to any individual user or all users, for any reason, in LMC’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Services, or upon notice from LMC, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.

Account Creation. Certain features and functionality of Services may require the creation of an account by entering your name and email address, selecting a valid password, and providing other required registration information (“Account”). You are solely responsible for the accuracy of your registration information and for updating and maintaining it. If you create an Account, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your Account. If your Account remains inactive, LMC may disable or suspend your ability to re-access your Account and the contents contained therein. You shall not sell, transfer, or assign your Account. You will immediately notify us at the email provided in the “Contact Information” section below if you suspect any unauthorized use of your Account or any other breach of security.

3. LMC’s Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets

Unless otherwise noted, the design of the Services, the Services as a whole, all the Content, and the logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of LMC are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by LMC (our licensors, subsidiaries, or affiliates) (“LMC Marks”). LMC grants you a personal, non-transferable, non-commercial and non-exclusive right and license to use the LMC Marks. Without LMC’s prior permission, you agree not to display or use the LMC Marks in any manner. LMC reserves all patent, copyright, trade secret, trade name, trademark, service mark, license and other proprietary rights related to the Services and Content and you shall not infringe upon or violate such rights.

4. User Content You Submit

User Content. You may now or in the future have the opportunity to create, post, upload, display, publish, distribute, transmit, or otherwise make available on or submit through the Services (collectively, “Submit”) messages, text, images, graphics, photos, comments, responses, information, content, ratings, reviews, testimonials, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Content”). You acknowledge that any User Content that you Submit through the Services will be deemed to be non-confidential and may be disclosed through the Services to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.

License to LMC. You agree that LMC shall have, and hereby grant to LMC, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you Submit to LMC. LMC does not endorse any User Content, or third-party product or service that may appear in connection with use of the Services. Nothing in these Terms shall obligate LMC to use any User Content you Submit or permit the posting of such User Content on any website or platform.

We may utilize artificial intelligence, machine learning tools, or similar technology when you Submit information to LMC (“Artificial Intelligence Tools”) to enhance your experience and to assist us with customer service. You acknowledge and agree that any information, including any User Content, that you provide on the Site may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to develop and improve our services and train artificial intelligence algorithms, models, and solutions.

Representation and Warranties. You agree not to Submit User Content through this Service or to LMC except for User Content that is fully authorized for purposes of the Services and compliant with these Terms. By providing User Content on the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to Submit the User Content. It is your obligation to determine the extent to which User Content you Submit is protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct, or Submit any User Content or other material, that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable and that you will not cause damage, embarrassment, or adverse publicity to LMC. You shall defend, indemnify, and hold harmless LMC against and from all costs, expenses, losses, and damages (including attorney’s fees and costs of litigation) which LMC may reasonably incur as a result of any third party claims, proceedings, or investigations (i) arising out of or in connection with any breach of your representations and warranties or (ii) arising out of or in connection with any User Content you Submit that infringes or misappropriates any patent, copyright, trade secret, trademark or other proprietary right.

Restrictions. You will Submit only User Content that is functionally and technically compatible with the Services. You will not attempt to damage, corrupt, tamper with, or infect the Services, the Content, or any information or telecommunication system of LMC with a virus or other malicious computer program. You will only use the Services for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to the Services or undertake any other activity which may adversely affect the use or enjoyment of the Services by any person. You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, LMC reserves the right to release your details to system administrators of other websites and services and law enforcement authorities in order to assist them in resolving security incidents.

5. Reliance on Service Content and Content Accuracy

All information, including pricing, availability, and other information made available on the Services is subject to change at any time without notice to you and may not be accurate, complete, current, or reliable. LMC assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Services. Any reliance you place on such information is strictly at your own risk. LMC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its Content.

LMC will use reasonable efforts to include accurate and current information on the Services, but there may be occasions when information on the Services contains typographical errors, inaccuracies, or omissions that may relate to descriptions, availability, and other matters. LMC reserves the right to correct any errors and to update information at any time.

The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions, other than the Content provided by LMC, are solely the opinions and the responsibility of the person or entity providing those materials.

6. Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, CONTENT, LINKS AND COMMUNICATIONS, PRODUCTS, ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. LMC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES (INCLUDING THEIR CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that LMC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to any websites, companies, products, or resources do not imply any endorsement by LMC of such websites, companies, products, or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party sites or products.

8. Limitations on Liability and Remedies

LMC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH LMC (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICES OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SERVICES. LMC, ITS AFFILIATES, AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LMC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LMC’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. LMC DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH A SERVICE OR AS PART OF THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF LMC WILL BE LIMITED TO ANY AMOUNT PAID TO LMC BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

9. Waiver of Injunctive or Other Equitable Relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY LMC.

10. Dispute Resolution; Class Action Waiver; Jury Trial Waiver

APPLICABILITY. YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND LMC (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SERVICES.
DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION. If a dispute should arise between you and LMC, we want to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and LMC each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to Lewis Management Corp., 1156 N Mountain Ave., Upland, CA 91786, Attention: Legal Dept., or (2) emailed to legal.notices@lewismc.com. You and LMC agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or LMC may commence a lawsuit.
NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF WHEN THE CAUSE OF ACTION OR CLAIM ARISES.
WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

11. Indemnification

You agree to defend, indemnify, and hold harmless LMC from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Services; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. LMC reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with LMC’s defense of any claim. You will not in any event settle any claim without the prior written consent of LMC.

12. Third-Party Websites and Other Information

The Services may contain, as a convenience to you, content, links, and other information submitted by third parties over whom LMC has no control or responsibility. LMC has no obligation to monitor, control, or restrict the use of the Services, or third-party websites or services accessible via links available as part of the Services. These other websites or services are not under LMC’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with LMC, LMC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by LMC or any association with its operators.

13. Terms for Mobile Applications

Mobile App Users. Our mobile applications, which includes Lewis Communities, (“App”) are designed to work on compatible iOS and Android mobile devices and is generally available through third-party mobile stores (i.e., Apple’s App Store or the Google Play Store (each an “App Store”)). If you are accessing the Services through an App, you agree that you will read each App Store’s terms and conditions that apply to your use of the App. You agree that only your mobile service carrier or Internet service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your mobile device directly with your carrier or provider without involving us.

Terms Specific to Apple Mobile Devices. If you are accessing or using the App on any Apple mobile device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by reference:

To the extent that you are accessing the App through an Apple mobile device, you acknowledge that these Terms are entered into between you and LMC, and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third-party beneficiary as contemplated below.
The license granted to you in Section 1 of these Terms is limited, non-transferable, and subject to the permitted Usage Rules set forth in the App Store Terms of Service located at www.apple.com/legal/itunes/us/terms.html. The license is limited to use the App on any Apple-branded products that you own or control as permitted by these Terms, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing.
You acknowledge that LMC, and not Apple, is responsible for providing the App and content thereof.
As between LMC and Apple, LMC is solely responsible for providing any maintenance and support services with respect to the App that LMC may offer (which, if provided, is provided at LMC’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.
You and LMC acknowledge that LMC, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Further, you agree that if the App or your possession and use of the App infringes a third party’s intellectual property rights, LMC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your lawful use of the App.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (“jailbroken” device).
TO THE EXTENT ANY WARRANTY REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, LMC, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICES AND IF THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE LICENSE TO THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS LMC’S SOLE RESPONSIBILITY.

Terms Specific to Android Mobile Devices. If the App is provided to you through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the following terms and conditions are applicable to you and are incorporated into these Terms by reference:

You acknowledge that Google is not responsible for providing support services for the App.
If any of the terms and conditions in this Agreement are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

14. Electronic Communications

We may communicate with you electronically in regard to the Services, including by email, and we may collect information related to communications between you and LMC. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Services, your action is intended as an electronic signature which binds you as if you had signed on paper.

15. General Provisions

Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Services. The Terms do not alter any separate terms and conditions of any other written or online agreement between you and LMC. Except as expressly set forth in these Terms, (i) no failure or delay by LMC in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by LMC.

Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the Terms and remaining provisions of these Terms will remain in full force and effect. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. LMC may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of LMC.

Force Majeure. We shall not be held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, pandemics, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow-downs over the internet or any third party internet service providers.

Investigations; Cooperation with Law Enforcement. LMC reserves the right to investigate and prosecute any suspected or actual violations of these Terms. LMC may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Governing Law. These Terms, your rights and the rights of LMC within these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to choice of law principles. Any action arising out of or relating to these Terms shall be filed only in the state or federal courts located in the State of California and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable, including without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside (if different from the United States).

16. Contact Information

If you have any questions, concerns or comments about the Services or these Terms, you may contact us by email at consumerinfo@lewismc.com or you can write to us at Lewis Management Corp., 1156 N Mountain Ave., Upland, CA 91786, Attention: Legal Dept.