WHAT IS A STRUCTURED SETTLEMENT?

by Structured Settlement Online Staff

An Overview of Structured Settlements and How To Maximize the Benefit for You and Your Family

Structured settlements are simple. Many lawsuits result in someone or some company paying money to another to right a wrong. Those responsible for the wrong may agree to the settlement on their own, or they may be forced to pay the money when they lose the case in court.

PRO TIP

A structured settlement is a stream of payments to a person who won or settled a lawsuit. The defendant funds the settlement. These resolutions differ from lump-sum settlements because of the way the money is paid over time.

If the amount of money is small enough, the wronged party may have the option to receive a lump sum settlement. For larger sums, however, a structured settlement annuity may be arranged.

In this case, the at-fault party puts the money toward an annuity, which is a financial product that guarantees regular payments over time from an insurance company.

The agreement details the series of payments the person who was wronged will receive as compensation for the harm done to them. Spreading the money over a longer period of time offers a better future guarantee of financial security because a single payout can be spent quickly.

Structured settlements gained popularity in the 1980s after the U.S. Congress passed the Periodic Payment Settlement Act. According to the National Structured Settlements Trade Association, almost $6 billion in new structured settlements are issued annually.

Frequently Asked Questions: Get straightforward answers to common questions about a structured settlement annuity.

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How Do Structured Settlements Work?

A structured settlement pays out money owed from a legal settlement through periodic payments in the form of a financial product known as an annuity. However, many legal settlements offer a lump-sum payment option, which provides a one-time sum of money. The key differences between both annuity settlement options are the long-term security and the taxes. For example, money received from a personal injury case is almost always tax free when you receive it. However, once the money is yours, you’re liable for taxes and dividends from the lump sum.

There are a number of reasons why an individual may receive a structured settlement.

The most common cases are:

Personal Injury

A personal injury case is a civil case where someone who’s been harmed files a lawsuit seeking money from the person believed responsible for the harm. Money in the form of a structured settlement helps recipient pay for medical expenses or other costs.

Workers’ Compensation

Most people know about workers’ compensation, which pays workers who get injured on the job while they recover. Payments can be used for medical treatment and wage replacement during periods when injured employees are unable to work and other expenses.

Medical Malpractice

In some unfortunate cases, doctors can do more harm than good. In this instance, injured patients or the families of deceased patients can sue for medical malpractice.

Wrongful Death

A structured settlement is also a common way to compensate family members who claim loved ones were victims of wrongful deaths. Families may be entitled to receive a stream of tax-free payments, to replace income after a loved one’s death.

Structured settlements — or structured annuities — are both financial products and legal judgments. While they function somewhat like private assets, they are also subject to complex regulations.

Learn about the process of being awarded a structured settlement annuity as well as the legal protections and advantages on the following pages:

Structured Settlement Payout Options

Compare and contrast the different ways to accept a cash settlement from a lawsuit.

Government Support for Structured Settlements

Learn about how the government uses the tax code to promote their use.

Structured Settlements for Minors

Read about why this type of settlement is typically used in cases involving children.

Payout Options for Structured Settlements

If you elect to receive your lawsuit payout through a structured settlement, you can determine whether to begin to receive the funds immediately or at a later date. Immediate payments can be beneficial if you require medical care, for example, or have lost your source of income. You may decide to postpone the payments until a later time, such as after you retire. During the waiting period, the annuity will grow as it earns interest.

You can also determine whether the annuity should be paid for the rest of your life, no matter how long that may be, or for a specified number of years.

You can also determine when you set up the annuity the schedule for receiving payments and whether the payments should go up or down over time.

Structured Settlement Pros and Cons

Structured annuities are ideally suited for many different types of cases. For additional information on how work, payout options, or how to access your cash ahead of the annuity contract schedule, the Structured Settlements FAQs page can be a beneficial resource.

These scheduled payments offer a number of advantages. When deciding on any financial investment, it is important to understand the benefits along with the risks.

Pros of Structured Settlements

• Payments are tax-free.
• In the event of the recipient’s death, the heir can continue to receive tax-free payments.
• Payments can be scheduled for almost any length of time and can begin immediately or be deferred for as many years as requested. They can include future lump-sum payouts or benefit increases.
• Spreading out payments over time can reduce the temptation to make large, extravagant purchases and guarantees future income. This is especially helpful if the recipient has a medical condition that will require long-term care.
• Unlike stocks, bonds and mutual funds, structured settlements do not fluctuate with market changes. Payments are guaranteed by the insurance company that issued the annuity.
• A structured settlement often yields, in total, more than a lump-sum payout would because of the interest your annuity may earn over time.

Cons of Structured Settlements

• Once terms are finalized, there’s little you can do to alter them if they do not meet your needs. You cannot renegotiate the terms if your financial situation or the overall economy changes.
• Funds are not immediately accessible in case of an emergency, and the recipient cannot place a lump-sum payout in other investments that carry higher rates of return.
• Tapping into your structured settlement without selling payments will cost you money. You will pay surrender charges and IRS penalties if you withdraw funds before age 59½.
• Some parts of a settlement, such as attorney’s fees and punitive damages, can be taxed.
• Not all states require insurance companies to disclose their costs to establish a structured settlement or lump-sum annuity. Without this information, a recipient could lose a significant amount of money through administrative fees.
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Options for Annuity Owners to Sell Payments

You should carefully consider the terms of your annuity because they can’t be renegotiated after the contract has been issued. That can limit your options if your financial situation changes due unemployment, illnesses or other setbacks.

However, annuity owners may have the option to get cash in advance of their contract schedules. Owners may sell some or all payments to structured settlement buyers. Such sales must be approved by a judge. The role of the judge is to decide if the sale is in the best interest of the annuity owner.

Other rules may apply depending on the details of your annuity contract and the laws of the state where you live. The Structured Settlement Protection Act of 2002 provides federal guidelines on such transactions.

Annuity owners should carefully consider their options before selling payments. You can learn more at Selling Structured Settlement Payments.

Topics include:

• The secondary annuity market
• Key considerations and requirements
• Selling payments for minors

Customer Reviews

• "Structured Settlement Online's Advance Program put money in my hand right away while I waited for my court date."

• Mike D., California

• "He didn’t rush me through the process or judge me for my financial situation.  My questions were answered honestly."

• Liz B., Arizona

• "My experience with Structured Settlement Online was not typical, it was a complicated long running event. Although my particular case was complicated my experience was exceptional.  The team made my experience top notch, he was very knowledgeable and skilled at his job always a step ahead. Beyond his skill though, Structured Settlement Online took the time…"

• Daniel H., New York

Structured Settlement Online Process

Turn tomorrow’s payments into today’s cash. Our process is designed for speed and flexibility.

1

Pick Up the Phone

Understanding your financial needs is our first priority. Helping to meet them is our second. Once we know your situation and your goals, your dedicated Annuity Specialist can tailor a structured settlement transfer plan that matches them.

Once you are comfortable with the process, a contract package will be overnighted to you.

2

Paperwork

This is an important part of the process. Structured Settlement Online™ makes sure that all paperwork is correct. It’s one way we can help to speed up the process. Once you receive your contract package and have reviewed it, sign where necessary and then it will be sent back to your Annuity Specialist.

3

Getting the Approval

Structured Settlement Online™ does the legwork from here. Your completed paperwork is processed, a petition is filed and a court date for the transfer approval is set. And don’t worry, from keeping you up to date on the petition process, to helping you get ready for your day in court, your Annuity Specialist will be with you during every step of the process.

4

Getting Your Money

Once your court order is signed, we get your money to you as soon as possible. As Your Trusted Settlement Expert, we offer options for getting the money from your structured settlement transfer into your hands quickly.

Your options include:

• Overnight mail
• Direct deposit into your bank account

Get Started

Structured Settlement Online™ can help you get the cash you need. Whether you want to sell a portion of your settlement and have access to a cash advance or you want to obtain a loan, we will make sense of your options, and explore the choices that best suit you.

PRIVACY POLICY

We Respect Your Privacy

This is the website of Leads and Loans, LLC.

Our mailing address is:

2050 S. Bundy Drive 

Los Angeles, CA  90025

We can be reached by email at a23properties@gmail.com

We can be reached by phone at 1.234.575.2274.

Leads and Loans, LLC is committed to providing you with excellent service for referring you to a variety of affilaites who provide financial products. Because we respect your right to privacy, we have developed this Privacy Statement to inform you about our privacy practices for the StructuredSettlementOnline.com website.

Visitor Information

From our website, we collect the following information:

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The email addresses of those who fill out a form on our website (or communicate with us via email). By submitting your email address, you consent to our keeping you informed of your cash options and other related inquiries from Leads and Loans, LLC.  We will not rent or sell your email address to third parties, and you may unsubscribe at any time.

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Information volunteered by the consumer, such as survey information, contact information, etc.

The information we collect is used internally to enhance our website and improve our business overall. No such information is shared with other organizations for commercial purposes other than with our parent companies and affiliates. We may also share such information with third party partners, but only for the purpose of having that partner offer a service in which you expressed an interest.

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By submitting your email address, you consent to our keeping you informed of your cash options and other related inquiries from Leads and Loans, LLC. We will not rent or sell your email address to third parties, and you may unsubscribe at any time. If you do not want to receive emails from us in the future, please let us know by calling us at the above telephone number.

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Upon request we provide site visitors with access to information that we have collected and that we maintain about them.

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As we want your experience on our website to be as enjoyable as possible, please contact us at the address, phone number, or email address listed above if you believe our privacy statements set forth herein are not being adhered to.

LEGAL & SERVICES DISCLAIMERS

Lottery

Leads and Loans does not provide loans, but simply refers information to 3rd party affiliates.  

If you have been pre-approved for a Leads and Loans, LLC affiates referral partner's lending program  (“L&L”)  it is because, based on the information currently available to L&L affiliates, you meet L&L affiliates’s basic selection criteria. This offer is subject to confirmation of L&L affiliates initial information and final approval based on L&L affiliates full criteria. L&L affiliates finance and loan programs are subject to borrower qualification, completion of application, verification that borrower is receiving periodic lottery payments, and that those payments are unencumbered and have sufficient collateral based on our underwriting guidelines. Call for more details.  Furthermore, there may be parameters with regard to the amount of collateral required to receive a loan or certain loan amounts as determined on a case-by-case basis. There is no cost or obligation to apply or inquire about our services. Services void where prohibited, and all transactions are subject to state and local laws. Any loan, purchase, or other financial transaction that consumer enters into with L&L or its affiliates may require consumer to grant L&L or its affiliates a right of first refusal in the consumer’s periodic payment. If, and only if, the consumer decides to sell or take a loan against his/her periodic payment, this right of first refusal will require the consumer to offer L&L affiliates the chance to match or beat any offer made for the purchase, loan, or other transfer of the consumer’s periodic payment. Certain services may not be available in all jurisdictions. Loans are subject to a default interest rate of the lesser of eighteen percent per annum or the maximum interest rate provided by applicable state law. Consumers may generally receive an advance on a transaction. The timing of advances on assignment transactions may vary.

StructuredSettlementOnline.com, and assignee's, subsidaries and associates are all wholly owned subsidiaries of Leads and Loans, LLC.  The mailing address and physical location of each of these entities is

2050 S. Bundy Drive #239, Los Angeles, CA  90025

Structured Settlements

If you have been pre-approved for a L&L affiliates advance it is because, based on the information currently available to L&L affiliates, you meet L&L affiliates’s basic selection criteria. This offer is subject to confirmation of L&L affiliates’s initial information and final approval based on L&L affiliates’s full criteria. L&L affiliates purchase and advance programs are subject to (1) confirmation that consumer is receiving structured settlement payments on a tax free basis paid over a period of time (the “periodic payments”), (2) consumer entering into an agreement to sell, transfer, or assign all or a portion of the periodic payments to L&L affiliates pursuant to the applicable state transfer statutes (the “Assignment Agreement”), (3) consumer’s periodic payments are not encumbered in any way, (4) determination by  that the facts surrounding the consumer’s decision to sell the periodic payments serve as sufficient justification for the transaction contemplated by the Assignment Agreement (the “Transaction”) and that such Transaction would likely be approved by a court of competent jurisdiction, (5) consumer executing and returning to L&L affiliates all ancillary documents required by L&L affiliates to process the transaction, (6) L&L affiliates reasonably determines the issuer and owner of the annuity policy under which the periodic payments are made are not in liquidation or receivership, and otherwise have the financial wherewithal to timely make the periodic payments, and (7) L&L’s affiliates underwriting guidelines in effect from time to time (collectively, the “Transaction Requirements”). The amount of the advance will vary based on the terms of and circumstances surrounding the Transaction. The L&L affiliates Advance Check is not a loan, it is an advance against an assignment transaction. There are no fees or interest charges applicable to such advance. Consumer is only required to repay such advance out of the purchase price paid to such consumer upon the funding of the assignment transaction contemplated in the Assignment Agreement. Upon funding of such transaction, an amount equal to the advance will be deducted from the purchase price and paid to L&L affiliates. If the transaction does not fund, for any reason, then consumer shall have no obligation to repay such advance. Consumer will receive a 1099 for any advance not repaid, and consumer should consult with a tax advisor with respect to any tax consequences. Larger advances may be available on larger transactions and for repeat customers. Advances may be paid in increments up until the funding of the Assignment Transaction. Services void where prohibited, and all transactions are subject to state and local laws. Certain services may not be available in some jurisdictions. Call for more details. Final discount rate, amount of transaction, and approval of transaction will be determined on a case-by-case basis. Call 1-800-513-1394 for more details.

Nothing contained on this website is intended to serve as legal, tax, or financial advice.  Independent legal, tax, and financial advice should be sought from lawyers, accountants, and financial experts, as appropriate.

Blog & Knowledge Base Article Content

The content posted in the blog and the knowledge base at StructuredSettlementOnline.com is published by Leads and Loans, LLC. This content is impersonal and does not provide individualized advice or recommendations for any specific structured settlement or lottery prize annuitant. The content is for informational purposes and does not constitute professional advice. You should consult with your own legal, financial and/or tax advisor. The articles and information available on this website, whether created internally or by L&L and/or L&L's unaffiliated third parties, are provided by Leads and Loans, LLC as a convenience, without representation or warranty of any kind including, but not limited to, any express or implied warranty. Although the articles and information made available on this website have been done so by Leads and Loans, LLC in good faith, Leads and Loans, LLC does not warrant the correctness thereof. Each visitor should consult multiple sources of information to better ensure the accuracy of all facts with which he/she are concerned.

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By submitting an online review at StructuredSettlementOnline.com you are giving your permission for Leads and Loans, LLC, in its sole discretion, to use your comments in marketing materials, including but not limited to website, social media and print.   The reviews featured on this website are moderated and L&L reserves the right to display reviews that, in its sole discretion, it deems appropriate.  You further understand and agree that if L&L features your review, you will only be identified by your first name, last initial, city and state.  By submitting your review, you further agree to allow L&L to contact you either via email or at the address on file regarding your review.

Terms of Use Agreement

Last updated: November 14, 2018

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CLASS ACTION WAIVER; AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY THAT APPLIES TO ALL DISPUTES WITH Leads and Loans, LLC (please see sections 12, 5, and 6). These provisions form an essential basis of our bargain.

TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITE

Leads and Loans, LLC requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement (“Agreement,” “Terms of Use,” or “Terms”). By accessing, browsing or using this website (the “Website”) or by using the goods, facilities or services offered in or through the Website through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms “Website” include use through these alternative methods).

If you do not agree to these terms and conditions, you are not authorized to access or use the Website and you are to cease accessing or otherwise using the Website.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.

For purposes of this Agreement, “You” or “Your” means the person(s) using the Website, and/or the goods, facilities or services of Leads and Loans, LLC (“Services”), including sellers of residential real estate (“Sellers”) that provide information about themselves to Leads and Loans, LLC and, by association, the investors in the Structured Settlement Online network (“Investors”).

“Structured Settlement Online”, “us” or “we” means, but is not limited to the following entities:

Leads and Loans, LLC;

StructuredSettlementOnline.com;

Investors, who are local market licensees of the Structured Settlement Online & Structured SettlementOnline.com trade names (each licensee is an independently owned and operated real estate business) or who otherwise have an association or and or contractual relationship with L&L and or its affiliates.

Leads and Loans, LLC (hereinafter “L&L”) operates this Website and shall have the right at any time to change or discontinue any aspect or feature of this Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by you of the Website or the goods, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes.

By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 13 years of age and reside in the United State and the District of Columbia. If you are under 13 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this Site or utilizing L&L’s services.

1. PRIVACY POLICY

The Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Website, received directly from you or transmitted to or from third parties.

2. LOCATOR SERVICES

When you complete the form on the Website - or contact Leads and Loans, LLC via phone numbers displayed in the Website - we match your information and service request against our list of Investors, which may include exclusive licensees of the Structured Settlement Online tradename and services as well as other real estate professionals who have an association or contractual relationship with L&L or its affiliates (collectively, “Investors”). When you submit a request through our website, you provide express written consent to L&L to provide your personal information to one or more Investors we match with your request. Sharing this information with Investors allows them to contact you using the e-mail address(es), phone number(s) (including mobile devices, SMS, and MMS), or other contact information you provided, even if you are on a Do Not Call list.

NOTE: You are providing express written consent for L&L and these associated Investors to share this private personally identifiable information for these purposes, litigation, regulatory request(s), law enforcement requests, internal analytics and/or for marketing purposes.

L&L is not a licensed real estate broker. L&L does not own, sell, invest provide, control, manage, offer, deliver, solicit sales of real estate. We do not represent you in connection with any real estate transaction, and you may want to consult with a broker or lawyer before selling or buying real property. L&L is not involved in making the offer or otherwise involved in the transaction and does not guarantee you will get the best offer available.

Users are responsible for their own activities and L&L does not make any decisions in connection with the products or Services. L&L does not endorse or recommend the products or services of any particular Investors. L&L is not an agent of either you or any Investor or Seller. L&L's services are only administrative. You should rely on your own judgment in deciding which available product or service and Investor relationship best suits your needs and financial means.

L&L has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Investor or Seller’s activities or information, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other member content (as defined below), or (iii) the performance or conduct of any member or third party.

Any information provided about an Investor or Seller is not an endorsement, certification or guarantee by L&L about any Investor or Seller, including of their identity or background or whether they are trustworthy, safe or suitable. You should always exercise due diligence and care when deciding using the Service, any financial transaction, or communicate and interact with other Investors or Sellers, whether online or in person.

Each Investor is solely responsible for its services to you, and you agree that L&L shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of their products or services, or offers. You understand that Investors may keep your request information and any other information provided by L&L or received by them in the processing of your request, whether or not you are qualified for the product or service with them or if you acquire a product or service with them. You agree to notify any particular Investor or Seller directly if you no longer want to receive communications from them.

L&L expressly reserves the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Website at any time, without prior notice.

If you choose to use the Website, including as an Investor or Seller, your relationship with L&L is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of L&L for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of L&L.

L&L is paid a license and/or marketing fee by the Investor or a third party “finder” (if the finder markets for or to the Investor or Seller) for the goods, facilities and services L&L provided. Your use of the Websites and/or L&L's Services constitutes your agreement with this compensation arrangement. Participating Investors are responsible for paying for any cost associated with the product or service, which is provided to you or any other Seller as an information service at no cost.

BY USING OUR WEBSITE OR BY CLICKING ON ANY BUTTON INDICATING AN ACCEPTANCE OR AGREEMENT TO TERMS, A CONTINUANCE OF PROCESSING OR SUBMISSION (“SUBMISSION”) YOU UNDERSTAND THAT YOU ARE CONSENTING, ACKNOWLEDGING AND AGREEING TO THE STATED TERMS AND CONDITIONS OF THAT SUBMISSION AND THAT YOU ARE SUBMITTING AN INQUIRY THROUGH L&L TO EACH OF THE INVESTORS TO WHOM YOUR INFORMATION REQUEST IS TRANSMITTED. FURTHER, THAT YOU ARE REPRESENTING ALL OF THE INFORMATION YOU HAVE PROVIDED IN THE REFERRAL FORM IS TRUE AND COMPLETE. YOU FURTHER UNDERSTAND AND AGREE THAT BY SUBMITTING YOUR INFORMATION, INCLUDING ANY TELEPHONE NUMBERS, TO US, INVESTORS, AND OTHER PROVIDERS, YOU ARE EXTENDING AN EXPRESS INVITATION FOR US OR OUR AFFILIATES, AND THEM, TO CONTACT YOU BY TELEPHONE AT THE NUMBERS (WHETHER LANDLINE OR CELLULAR) YOU HAVE PROVIDED, AND YOU HEREBY CONSENT TO ANY SUCH CALLS EVEN IF YOUR PHONE NUMBER IS ON THE DO NOT CALL LIST. TELEPHONE CALLS MAY INCLUDE PRERECORDED OR ARTIFICIAL VOICE MESSAGES AND CALLS USING AN AUTOMATIC TELEPHONE DIALING SYSTEM. YOUR CONSENT IS NOT A CONDITION OF YOUR PURCHASE.

You agree that any calls to or from us may be monitored or recorded for training or quality assurance purposes.

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You must register with the Website and have an account for certain Services. By registering for a Website account you are agreeing to these Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Website profile information accurate. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. L&L reserves the right to terminate accounts in its discretion.

4. CONTENT

You may submit feedback, ideas, reviews, comments, photos, or other content to the Website (“Submissions”). You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, or the rights of any third party. You are solely responsible for your Submissions. We may, but are not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions. You grant the Website a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. Website may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Website a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Website, without any further consent, notice and/or compensation to you or to any third parties.

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All contents of the Website are: Copyright © Leads and Loans, LLC, 2050 S. Bundy Drive #239, Los Angeles, CA  90025. All rights reserved. Insurance.Agency and StructuredSettlementOnline.com are trademarks of Leads and Loans, LLC Other product and company names mentioned herein, including the names of Investors and Sellers, may be the trademarks of their respective owners.

Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, “Mark” or “Marks”) displayed on the Website, without the prior written permission of the L&L or the applicable Mark holder specific for each such use. The Marks may not be used to disparage L&L, the Investors or Sellers, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by L&L in writing.

The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. L&L owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of L&L and the copyright owner. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

6. DISCLAIMERS

YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

7. LIMITATIONS OF LIABILITY

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR FIVE HUNDRED DOLLARS ($500.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

8. INDEMNITY

As a condition of use of the Websites and/or L&L's Services, you agree to indemnify L&L from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

9. DAMAGES

At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms for which you bear responsibility; except you acknowledge that, for certain Terms violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms violations, you agree to pay liquidated damages as may be provided for in these Terms. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these Terms are and will be cumulative.

10. INJUNCTIVE RELIEF

You acknowledge and agree that any violation or breach of these Terms may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these Terms or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.

11. LINKS TO THIRD PARTY WEBSITES

The website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. L&L does not operate or control in any respect any information, software, products or services available on such websites. L&L's inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the websites please note that L&L is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

12. ERRORS AND DELAYS

L&L IS NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS IN RESPONDING TO A REQUEST OR REFERRAL FORM CAUSED BY, INCLUDING BUT NOT LIMITED TO, AN INCORRECT EMAIL ADDRESS PROVIDED BY YOU OR OTHER TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL.

13. DISPUTE RESOLUTION/ARBITRATION

Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by L&L, or to any acts or omissions for which you may contend L&L is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND L&L 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, and 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 L&L's goods, facilities 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 L&L, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the State of Texas. 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.

14. OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by L&L) constitutes the entire agreement between you and L&L and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and L&L with respect to the Website and information, software, products and services associated with it.

This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

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