LessThan6Percent

Use of LessThan6Percent, Inc.’s website, LessThan6Percent.com and LessThan6Percent’s services are all subject to the terms of this legal agreement between you and LessThan6Percent. LessThan6Percent offers services to you, the "User", conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with LessThan6Percent and/or use of LessThan6Percent's services constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service on a regular basis.

With respect to LessThan6Percent.com, this agreement is in essence the grant to you by LessThan6Percent of a limited license to visit and use the LessThan6Percent.com website subject to this Terms of Service agreement. Each visit or use by you constitutes a new limited license and a re-affirmation of the Terms of Service incorporating any intervening changes.

Furthermore, all other agreements between you and LessThan6Percent will be subject to the provisions of this Terms of Service agreement. But, you may not use the service or agree to the Terms of Service or use any of LessThan6Percent's services or enter into any valid contract with LessThan6Percent if you are not of legal age or capable of forming a binding contract.

LessThan6Percent allows Users to locate and evaluate proposals from independent third party real estate agents. Users agree to supply LessThan6Percent with information about themselves and the property they want to sell. LessThan6Percent will use this information within LessThan6Percent and will provide certain details on an anonymous or non-anonymous basis depending on the LessThan6Percent service to third parties who are, in most cases, appropriate members of its real estate agent network. Users may also agree to have the information he/she has supplied to LessThan6Percent forwarded to real estate or other third-party professionals referred by LessThan6Percent. As LessThan6Percent uses email, on an almost exclusive basis, to provide LessThan6Percent services, all LessThan6Percent users must consent to receive Email from LessThan6Percent to register for LessThan6Percent services. LessThan6Percent users will also be required to consent to receive emails from third party(ies) if the LessThan6Percent service requested requires services from a third party(ies)(for example, a local real estate agent).

LessThan6Percent refers real estate agents to Users, but LessThan6Percent does not engage in actual real estate broker services. Real Estate brokerage activities are performed by local real estate agents that have been referred to you by LessThan6Percent. The terms of any agreement between a real estate agent and Users are not endorsed, recommended or otherwise known to or by LessThan6Percent.

For its services LessThan6Percent may receive payment including, but not limited to a referral fee that may be a percentage of the commission received by the real estate agents involved in the real estate transaction. LessThan6Percent's payment is due based on an agreement between LessThan6Percent and the real estate agent involved. Your registration with LessThan6Percent and use of LessThan6Percent services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

LessThan6Percent may from time to time offer eligible Users promotional opportunities to incent use of LessThan6Percent's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use a LessThan6Percent affiliated real estate agent to buy or sell a home. User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.

To assure the value of LessThan6Percent's services, you agree that all of the information you have provided to LessThan6Percent, whether online or otherwise, is accurate and complete. LessThan6Percent reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the LessThan6Percent service requested by User, you authorize LessThan6Percent to forward your information to its network of real estate agents according to the terms of the LessThan6Percent service that you use.

LessThan6Percent is a licensed real estate broker in the State of California, but does not broker real estate transactions. LessThan6Percent does not act as real estate agent for any user.

Obligations of Home Buyers/Sellers Registered with LessThan6Percent

By completing your registration with LessThan6percent.com as a potential home buyer/seller, you agree that:

1. You are of legal age and are otherwise capable of forming a legally binding contract;

2. You are interested in buying and selling property located in the United States of America;

3. LessThan6Percent may request (and you agree to provide promptly), receive, copy and review your real property transaction and/or settlement documents and you agree to respond to requests for updates involving any contact with a real estate agent introduced by LessThan6Percent;

4. You acknowledge that LessThan6Percent recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify a real estate agent's license status and background as LessThan6Percent.com, makes no representations and/or warranties about any real estate agent that may use the LessThan6Percent service.

5. You do not have an exclusive contractual or other arrangement with any real estate agent;

6. You represent that you are not licensed as a real estate agent or broker;

7. You agree to be contacted via Email or other means by LessThan6Percent, and by third parties for services you have requested;

8. As a seller, you are not bound to accept any of the proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate agent. Any endorsements posted by a real estate agent through the LessThan6Percent customer review program are the sole responsibility of the real estate agents. LessThan6Percent disclaims any liability arising from and the accuracy of any endorsements posted by real estate agents. It is your responsibility to evaluate the nature of any endorsement posted by any real estate agent and to be aware that endorsements might not reflect the actual quality of service that you may receive from a real estate agent.

Seller’s Rebate

If an eligible user works with a LessThan6Percent referred real estate agent where the user’s property sells, the user is entitled to a rebate of $500.00 within 14 days of the close of escrow. Cash rebates are available to LessThan6Percent customers who use a real estate agent referred by LessThan6Percent to sell a home.

LessThan6Percent will send the rebate check to you within 2 weeks following receipt of (1) a HUD-1 (closing statement) which shows that you used the real estate agent referred to you by LessThan6Percent AND (2) payment of applicable fees by the real estate agent to LessThan6Percent. To remain eligible for this promotion, you must send us within 30 days of the closing date of the applicable real estate transaction a copy of your HUD-1 document (you will receive this at closing), your correct mailing address, and your real estate agent's name to: LessThan6Percent, Attn: Real Estate Rebate, 220 Cypress Avenue, #129, South San Francisco, CA 94080 USA. HUD-1s sent in after this 30 day period will not be eligible for this promotion.

Buyer’s Referral Fee

A real estate agent who partners with LessThan6Percent service agrees to pay a referral fee(s) whenever a real estate agent submits a proposal to the user (seller) and subsequently handles a purchase for the user, or the sale of the user's property, regardless of the order of the transaction and whether there have been any prior contacts or referral with the buyer or seller.

For real estate agents receiving seller referrals from LessThan6Percent, the applicable referral fees are payable whenever the real estate agent has submitted a proposal to a seller through the LessThan6Percent system in the event real estate agents receiving seller referrals from LessThan6Percent where the seller subsequently becomes a purchaser, the applicable referral fees are payable whenever a real estate transaction occurs between the real estate agent and buyer. 1) the real estate agent subsequently handles the sale of any property for the seller (for the first property sale related to that seller), 2) the real estate agent subsequently handles the purchase of any property for the buyer (for the first property purchase related to that buyer) If another person posts a seller profile that relates to a prospective seller, the terms user, potential seller or buyer, as the case may be, shall include both persons. In the event of a change in the applicable referral fee, LessThan6Percent will accept the original referral fee for any transaction(s) where we are notified of such transaction(s) and where we receive a valid real estate contract dated prior to notification of the change in fee.

Modification Of LessThan6Percent Services

LessThan6Percent reserves the right at any time to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the website or any service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. LessThan6Percent shall not be liable to any User or any third party should LessThan6Percent exercise its right to modify or discontinue a service.

Use of 3rd party services

You understand and agree that the real estate agents and others who appear on the LessThan6Percent website or who may be referred by LessThan6Percent are not employed by LessThan6Percent. LessThan6Percent is not responsible or liable for any acts or omissions created or performed by these third parties. LessThan6Percent's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. LessThan6Percent does not operate or control in any respect any information, software, products or services available on such Web sites. LessThan6Percent's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Our site features Google Maps, please review their privacy policy, legal notices and Terms of Service.

Webscraping of Listing & Property Data Is Not Allowed

Crawling the LessThan6Percent.com.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from LessThan6Percent.com.

Links

Links provided on LessThan6Percent.com are put there for the user's convenience. Links may be directed to third-party content and other sites, meaning that LessThan6Percent.com has no control over what is actually posted at the destination end sites. LessThan6Percent, Inc. does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that LessThan6Percent.com can review the content and make changes to links where necessary.

License

Unless otherwise agreed in a writing signed by LessThan6Percent, by submitting content, photos, video, data or other materials directly through the LessThan6Percent’s web sites including LessThan6Percent.com (collectively, "Materials"), you hereby grant to LessThan6Percent a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to LessThan6Percent a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.

Interactive Areas

The LessThan6Percent’s web sites may offer forums, blogs, bulletin boards and Question and Answers (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. LessThan6Percent does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the LessThan6Percent web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold LessThan6Percent responsible for any third party's use of information contained in such posting.

LessThan6Percent Rights

Given the nature of the LessThan6Percent’s web sites and the volume of Materials submitted, LessThan6Percent cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the web site, including, without limitation, any Materials posted via the Forums. You expressly agree that LessThan6Percent: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you.

Representations and Warranties

You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the web site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of the web site shall not violate any agreements between you and a third party.

Indemnification

You agree to indemnify LessThan6Percent and its employees, contractors, agents, officers, directors, investors, assigns, subsidiaries and affiliates shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses(even if LessThan6Percent has been given notice or advice of the possibility of such damages) resulting from the use or the inability to use the service, whether such claim is based on breach of warranty, contract, tort(including negligence), or otherwise.

LessThan6Percent bears no responsibility for any damages arising from any failure of performance, failure of service, failure to maintain, omission, interruption, deletion, defect, delay in operation or transmission, error in operation or transmission, viruses, destruction, unauthorized access, altercation or use of records, breach of contract, behavior resulting in a tort claim, negligence and any other cause of action.

Prohibited Activities

The following is a partial list of the kinds of activities that are prohibited on or through the LessThan6Percent web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site or for any other unauthorized purpose without LessThan6Percent's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the LessThan6Percent web site or LessThan6Percent's hardware and software infrastructure or that of any of its Licensors or Suppliers.

Account Diputes

A real estate agent may always contact LessThan6Percent customer relations by e-mail or telephone concerning Charges or other questions regarding the status of a membership account. If real estate agent disputes any charges made, real estate agent must notify LessThan6Percent in writing within 30 days from the date of the charge; failure to so notify LessThan6Percent shall result in the waiver by real estate agent of any claim relating to any such disputed charge.

Termination

LessThan6Percent reserves the right to cancel the membership of any User in any LessThan6Percent Service without liability at any time without notice for any reason, including a User's breach of these Terms of Service, or the terms and conditions of any service for which the User may have registered. A User may cancel membership at any time for any reason by delivering a written notice by email to support@lessthan6percent.com.

Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

End of Terms of Service for User

LessThan6Percent offers services to you, the "real estate agent", conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with LessThan6Percent and/or use of LessThan6Percent's services constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. real estate agent shall obtain any required broker approval prior to participation in any LessThan6Percent service, and real estate agent expressly represents that all such permissions have been obtained. You are responsible for reviewing these Terms of Service on a regular basis.

Referral Fees and Registration Requirements for real estate agents

LessThan6Percent offers services targeted to real estate agents. To receive these services, real estate agents must accurately complete a registration for a desired service and agree to payment obligations for such service.

Obligations of real estate agents Registered with LessThan6Percent

By completing your registration with LessThan6Percent.com as a real estate agent, you agree that:

1. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the LessThan6Percent services;

2.You are an individual person (not a company or other association);

3. All information you submit to LessThan6Percent or pursuant to a LessThan6Percent service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to LessThan6Percent or to Users to ensure accuracy at all times;

4. You agree to be contacted via Email by LessThan6Percent, and third parties if relevant, regarding LessThan6Percent's services;

5. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested LessThan6Percent service;

6. You will not use or attempt to use any facility provided by LessThan6Percent wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;

7. You will not refer LessThan6Percent supplied referrals to any other person;

8. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your use of this LessThan6Percent service, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate agent legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;

9. You hereby grant LessThan6Percent permission to e-mail or display your Profile and such other information as may be supplied by you to LessThan6Percent on or from LessThan6Percent's website (www.LessThan6Percent.com) and such other partner and affiliate websites as LessThan6Percent shall deem advisable in its sole determination for marketing purposes;

SERVICE LEVEL AGREEMENT

Service Standards: real estate agent will make best efforts to follow up on all referrals generated through System, thus reinforcing LessThan6Percent and its partners' reputation. The real estate agent will respond to each referral within 8 hours, or let LessThan6Percent know within that time frame of their inability to meet this minimum service standard. If the real estate agent does not meet this service standard, LessThan6Percent may reassign, in its sole discretion and without refund to the real estate agent, any unserviced referrals to another real estate agent. The real estate agent may not redistribute or resell any LessThan6Percent referrals without prior written permission from LessThan6Percent. real estate agent acknowledges that not all referrals will result in benefit to the real estate agent, and that ongoing cultivation and prospecting of these referrals may be required. real estate agent realizes that referrals received through System may be consumers who have previously used and/or are currently using other Internet real estate sites and services, including but not limited to LessThan6Percent, to help them in the home selling and/or buying process.

LessThan6Percent Inc.(LessThan6Percent) is a corporation organized under the laws of the State of Delaware doing business as LessThan6Percent.com. LessThan6Percent.com is owned and operated by LessThan6Percent Inc. a licensed California real estate brokerage company that operates to assist sellers in locating competent, trained, and qualified local real estate agent representation at third-party real estate brokerages that are licensed in their respective areas.

Disclaimers and Limitations on Liability

You expressly understand and agree that: LessThan6Percent provides the service on an “As-Is”, and “As-Available basis. Using this LessThan6Percent is at your own individual risk. Any material that you download or otherwise obtain via the service is at your sole-own risk, and you will be solely responsible for any and all damages to your computer system for any loss of information or data resulting from downloading of such material.

The information provided by the service is deemed to be correct but LessThan6Percent cannot guarantee its accuracy. To the fullest extent permitted by law, LessThan6Percent expressly disclaims all warranties or representations of any kind, either express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness or particular purpose and non-infringement of proprietary rights, and warranties regarding the accuracy, sufficiency, veracity, value, aptness, inclusiveness, authenticity, safety, accessibility, operability, appropriateness, dependability, or relevance of the information, real estate data, and services provided through on in connection with, the service. LessThan6Percent does not intend the information to be a substitute for any professional advice. We recommend that you confirm the accuracy of any of the information portrayed on this website or through the course of the service. You are responsible to seek advice as deemed necessary.

Limitation of Liability

LessThan6Percent and its employees, contractors, agents, officers, directors, investors, assigns, subsidiaries and affiliates shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses(even if LessThan6Percent has been given notice or advice of the possibility of such damages) resulting from the use or the inability to use the service, whether such claim is based on breach of warranty, contract, tort(including negligence), or otherwise.

Online Listings

LessThan6Percent offers real estate agents the ability to upload his/her listings for display on the LessThan6Percent and other affiliated websites. LessThan6Percent makes no warranty or representation with respect to exposure or display of such listings.

License

Unless otherwise agreed in a writing signed by LessThan6Percent, by submitting or approving for posting content, photos, video, data or other materials directly through the LessThan6Percent web site (collectively, "Materials"), you hereby grant to LessThan6Percent a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to LessThan6Percent a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.

ERRORS AND DELAYS

LessThan6Percent is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address or telephone number provided by you or other technical problems beyond our reasonable control.

Digital Millennium Copyright Act Policy

It is the policy of LessThan6Percent to respect the legitimate rights of copyright owners, their agents, and representatives while at the same time reducing the number of allegations that we receive that are fraudulent or difficult to understand or verify. This page explains our policy regarding notices of copyright infringement and is intended to implement the procedures for the reporting of alleged copyright infringement set forth in the United States Digital Millennium Copyright Act, or DMCA (see U.S. Copyright Office website, http://www.copyright.gov, for DMCA text). Our policy includes responding to clear notices of copyright infringement. The purpose of this page is to help you understand what should be present in these notices.

Designated Agent

Notices of copyright infringement should be sent to our Designated Agent.

Our Designated Agent to receive notification of alleged infringement under the DMCA is:

LessThan6Percent

Attn: DMCA Compliance

1001 Bayhill Drive #294

San Bruno, CA 94066

Email to: support@lessthan6percent.com

Infringement Notifications

To file a notice of infringement with us, you must provide a written communication regular mail setting forth the information identified in each of the numbered paragraphs below. Email will not be accepted except by prior agreement. Please note that if you materially misrepresent that a product or activity is infringing your copyrights, you will be liable for damages, including attorneys’ fees and costs.

Please use the following format to assist us in expeditiously processing your request:

Identify the copyrighted work that you believe has been infringed using reasonable sufficient detail. For example, you may provide the title of the work, any ISBN number, or copyright registration numbers. You may also use URLs where the original copyrighted text appears.
Identify the material that you claim is infringing the copyrighted work listed in paragraph #1 above with reasonably sufficient detail to permit us to locate it. This requires that you provide any search query that you used to locate allegedly infringing content, and the URL for each allegedly infringing search result.
Provide LessThan6Percent information reasonably sufficient to permit us to contact you. If available, please provide your email address.
If available, provide LessThan6Percent information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content. If available, please provide their email address.
Include the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
Include the statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the notice.
Send the written communication to our Designated Agent at the following address:

LessThan6Percent

Attn: DMCA Compliance, Notifications

1001 Bayhill Drive Ste. 294

San Bruno, CA 94066

OR email to: support@lessthan6percent.com

Attn: DMCA Compliance, Notifications

We remind you that this legal notice will be forwarded to the person who provided the allegedly infringing content and may be sent to a third-party which may publish and/or annotate it.

Account Termination

Under appropriate circumstances, LessThan6Percent may, in its discretion, terminate authorization of users of its system or network who are repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please contact LessThan6Percent as set forth above and provide information sufficient for us to verify the repetitive infringing conduct

Dispute Resolution Process

Any claim or controversy arising out of or relating to the use of this Web site, to the services provided by LessThan6Percent, or to any acts or omissions for which you may contend LessThan6Percent is liable, including but not limited to any claim or controversy as to its arbitration value ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in San Francisco, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by LessThan6Percent. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Francisco, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND LessThan6Percent WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using LessThan6Percent's goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and LessThan6Percent, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Francisco, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

Public Records

Information deemed reliable but not guaranteed.

LessThan6Percent™ Terms of Service

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