Terms of Service
Last updated: November 9, 2018
Ladder may revise these Terms at any time. Your continued usage of the Ladder Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the Ladder Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Ladder Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH LADDER ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use the Ladder Services in any manner. By visiting the Ladder Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Ladder Services in a manner consistent with any and all applicable laws and regulations.
2. USE OF THE LADDER SERVICES
2.1 Use Restrictions
The content on the Ladder Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Ladder’s licensors, and any other materials displayed through the Ladder Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Ladder. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Ladder or its licensors.
So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non-transferable license to use the Ladder Services. You may not distribute or make the Ladder Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original Ladder Services, unless such upgrade is accompanied by separate or updated Terms of Service. All rights not expressly granted herein are reserved to Ladder and its licensors, and if you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Ladder’s written permission, “mirror” any Contents contained in the Ladder Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the Ladder Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempts to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Ladder or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to Ladder’s user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) uses the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Ladder reserves the right, in its sole discretion, to refuse, discontinue, block, and/or terminate your use of, and access to, the Ladder Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), Ladder does not claim ownership of any information or material a user provides to Ladder or posts, uploads, input, submits, or transmits to the Ladder Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Ladder Services, or which, in the judgment of Ladder, exposes Ladder or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Ladder. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Ladder a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Ladder is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Ladder is not responsible for the consequences of any Submission. Ladder is not responsible for screening or monitoring Submissions made to Ladder Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Ladder may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Ladder will have no liability or responsibility to users for performance or nonperformance of such activities.
Ladder reserves the right (but is not obligated) to: (a) record the dialogue on the Ladder Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Ladder Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Ladder Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to Ladder. Ladder policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names). The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Ladder’s products, services, or marketing strategies might seem similar to ideas submitted to Ladder.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the Ladder Services or otherwise shall be the property of Ladder, and may be treated by Ladder as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to Ladder will automatically become the property of Ladder, without any compensation to you; (b) Ladder may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) Ladder has no obligation to review any Idea; and (d) Ladder has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, Ladder.
2.4 Your Account
If you use the Ladder Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Ladder reserves the right to refuse service, terminate accounts or subscriptions, remove or edit content, or cancel orders or shipments in its sole discretion.
3. TERMS OF SALE
Ladder sells nutritional products, dietary supplements, and complementary accessories, including, but not limited to, items such as water bottles and apparel (the “Products”), to end-user customers who purchase a recurring membership plan (“Members”) to have the Products shipped regularly on a schedule of the Member’s choosing only for their own personal, non-commercial use (the “Subscription”). You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.
3.2 Products and Product Pricing
The price that we will charge you for the Products and Membership may be based on a pricing structure that depends on the type and quantity of Products included in the Subscription, which shall constitute a “Plan.”. Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on the Ladder Services. Members may view or customize the Products in each Plan by using the Ladder Services or by contact Ladder’s Customer Experience team. Adding or removing Products from a Plan or changing your Subscription may change the price that we will charge you for the Products and Plan. We reserve the right to change a Product’s price or the pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.
3.3 Subscriptions and Promotions
Members may begin their Subscription with a “Promotion” allowing the Member to receive a reduced price or other incentive on one or more shipments of the Plan (each an “Order”). Members may also choose to add additional Products to their Plan on a one-time or recurring basis (“Add-On Products”). At that time, the Payment Method will be charged the price and any shipping and taxes (if applicable), of the Plan, taking into consideration any Promotion, and any Add-On Products selected. For combinations with other promotions and offers, restrictions may apply. Ladder reserves the right, in its sole discretion, to determine your eligibility for a Promotion.
Ladder will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the applicable Order based on your Subscription and any Add-On Products you select for each Order in accordance with Section 4.1, unless you cancel your Subscription in accordance with Section 4.3.
To view the specific details of your Subscription, including frequency of shipments and next ship date, as well as the price and contents of your next Order, visit our website. Ladder reserves the right, in its absolute discretion, to withdraw or modify any Product, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offers, or promotions advertised on the Ladder Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
3.4 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your Subscription, and Ladder is unable to resolve the problem, we may notify you via e-mail using the address associated with your Subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your Order may be cancelled and we may not be able to process future Orders until the problem has been resolved.
3.5 Refunds and Exchanges
If you are not satisfied with one of our Products for any reason, we will refund the amount paid for that Product in your most recent Order. Refund requests must be made directly to us at firstname.lastname@example.org within 30 days of the date of delivery. We may require that you return the Products in question as a pre-condition of a refund, in which case, we will provide a pre-paid return shipping label. We are not liable for Products that are damaged or lost in transit to Ladder. Following Ladder’s receipt of your request (typically within five (5) business days), and, if applicable, receipt of the returned Products, Ladder will credit the amount paid for the Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Ladder does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by Ladder more than 30 days after the date of delivery. We also do not provide a refund for Products that are damaged due to your misuse, lack of care, mishandling, accident, abuse or other abnormal use.
3.6 Gift Cards
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Ladder shall have the right to refuse service, suspend or terminate accounts or Subscriptions or any related account(s), cancel orders or Box shipments, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if Ladder suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the Ladder Services.
4. SUBSCRIPTION TERMS AND CANCELLATION POLICY
4.1 Recurring Subscription; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
Ladder will automatically renew your Subscription and charge your Payment Method depending on the Subscription and/or Plan shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Subscription during the Member sign-up process.
Your Payment Method will be charged at least one full business day prior to your next Plan shipping date. We will charge your Payment Method with the applicable cost for your Plan, along with any shipping and handling costs and sales or similar taxes that may be charged with your Subscription.
To avoid being charged, you must cancel your Subscription in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Subscription and Box shipping frequency selected) until you cancel.
4.2 Shipping Frequency and Modification of Ship Date
Members will be shipped an Order based on the shipping frequency and/or shipping date chosen in their account.
Ladder offers Members the ability to change the ship date of their next Order. By default, Orders will be shipped every one (1) month. Members can also choose a specific shipping date for their next Box that is anywhere between three (3) business days and up to two (2) months away. Members that wish to change the ship date of their next Order must do so at least three (3) business days prior to the next regularly scheduled Order shipping date.
4.3 Subscription Cancellation
You may cancel your Subscription at any time from the Account Details page on the Ladder website. To cancel a Subscription, click on “Cancel Plan” link under “My Subscriptions”, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next Box shipping date to avoid being charged for that Box. Cancellation requests received by Ladder through other channels may take up to five (5) business days to process. If you have any problems, please email us at email@example.com.
5. LADDER SMS TERMS AND CONDITIONS
We may offer the ability to receive text messages about your Order status, account notifications, and other special offers and announcements. In order to sign up for text messages, you must provide your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to unsubscribe, you can follow the instructions provided in those messages. If you have any questions, you may reply HELP to any Ladder alert or contact our Customer Experience team at firstname.lastname@example.org.
6. LIABILITY OF LADDER AND ITS LICENSORS AND PARTNERS
The use of the Ladder Services or the Contents is at your own risk. The Contents in the Ladder Services could include technical inaccuracies or typographical errors. Ladder may make changes or improvements at any time.
THE CONTENTS IN THE LADDER SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LADDER DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LADDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LADDER SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LADDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE LADDER SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LADDER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES
The Ladder Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Ladder Services. You agree that Ladder shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Ladder Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Ladder Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Ladder Services, or based on such third party’s participation or presence on the Ladder Services, are solely between you and the third party. Ladder makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Ladder Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold Ladder, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Ladder Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Ladder Services or Contents, or your violation of these Terms. Ladder reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
9. MODIFICATION OR SUSPENSION OF THE LADDER SERVICES
You agree that Ladder may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Ladder Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
Ladder makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Ladder Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Ladder and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
11. CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
12. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER
Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with Ladder and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our Customer Experience team at email@example.com or Ladder, Attn: Customer Experience, 3015 Main Street, Suite 350, Santa Monica, California 90405. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration & Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.
You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
13. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the Ladder Services infringes your copyright, you should notify Ladder of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that Ladder receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Ladder’s copyright agent at firstname.lastname@example.org (subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Attention: Ladder Copyright Agent
PO Box 5168
Santa Monica, CA 90405
In an effort to protect the rights of copyright owners, Ladder maintains a policy for the termination, in appropriate circumstances, of users of the Ladder Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Ladder to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
15. COMPLETE AGREEMENT