December 20, 2010.
Welcome to the Localloop Website (the “Website”). These terms apply to your use
of the Websites located at Localloop.com
and Localloop's applications and interfaces for mobile devices (collectively, the
"Website "). By accessing, browsing, crawling, scraping or in any way using the
or policies referenced herein (collectively, the "Terms of Service").
This Website is offered to you conditioned upon your acceptance without modification
of any/all the terms, conditions, and notices set forth below (collectively, the
“Agreement”). By accessing or using this Website in any manner, you agree to be
bound by the Agreement. Please read the Agreement carefully. If you do not accept
all of these terms and conditions, please do not use this Website. Be sure to return
to this page periodically to review the most current version of the Agreement.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE WEBSITE CONSTITUTES
YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE WEBSITE IF YOU ARE UNWILLING
OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
a. A "user"
is someone who accesses, browses, crawls, scrapes,
or in any way uses the Website. The terms "you" and "your" refer to you, as a user
of the Website. The terms "we", "us", "our", "and Localloop" refer to Localloop,
LLC, a Washington Limited Liability Corporation.
means ratings, reviews, text, images, photos,
audio, video, and all other forms of data or communication. "Your Content" means
Content that you submit or transmit to or through the Website, such as ratings,
reviews, compliments, invitations, and information that you display as part of your
account profile. "Localloop Content" means Content that we create and make available
on the Website. "Third Party Content" means Content that is made available on the
Website by parties other than Localloop or its users, such as data providers who
license data to Localloop for use on the Website. "Website Content" means all of
the Content that is made available on the Website, including Your Content, Third
Party Content, and Localloop Content.
You must be at least 13 years old and a resident of the United States. All others
are prohibited from using the Website. If you use the Website on behalf of a company,
entity, or organization, you must be an authorized representative with the authority
to bind it to the Terms of Service (which authority you hereby exercise).
3. Changes to the Terms of Service
We may modify the Terms of Service from time to time. When changes are made, we
will notify you by making the revised version available on this webpage and will
indicate at the top of this page the date that revisions were last made. You should
revisit these Terms of Service on a regular basis as revised versions will be binding
on you. Any such modification will be effective upon our posting of new Terms of
Service. Your continued use of the Website after any posted modification to the
Terms of Service indicates your acceptance of the modification.
4. User Accounts
As a condition of your use of this Website, you warrant that (i) all information
supplied by you on this Website is true, accurate, current and complete, (ii) if
you have a Localloop account, you will safeguard your account information and will
supervise and be completely responsible for any use of your account by anyone other
than you and (iii) you are 18 years of age or older in order to register for an
account and contribute to our Website. Localloop does not knowingly collect the
information of anyone under the age of 13. We retain the right at our sole discretion
to deny access to anyone to this Website and the services we offer, at any time
and for any reason, including, but not limited to, for violation of this Agreement.
To use some of the features on the Website, you may be required to create an account
and provide information about yourself to us. You are responsible for maintaining
the confidentiality of your account password. You are also responsible for all activities
that occur in connection with your account. You agree to notify us immediately of
any unauthorized use of your account. We reserve the right to close your account
at any time for any or no reason. There are two types of accounts:
c. A "Personal Account" is an account for your personal, non-commercial
use only. In creating a Personal Account, we require that you provide complete
and accurate information about yourself to bolster your credibility as a contributor
and to ensure no anonymous reviews are posted to the Website. You may not impersonate
someone else (e.g., adopt the identity of a celebrity or your next-door neighbor),
provide an email address other than your own, or create multiple Personal Accounts.
d. A "Business Account" is an account to be used solely for
the purpose of representing your business on the Website. In creating or updating
a Business Account, you must be an authorized representative of the business in
question, and you must provide complete and accurate information about yourself
and the business you represent, including a photo of yourself and company logo to
be displayed in connection with your Business Account. You may not provide an email
address that is not your own or create multiple Business Accounts for the same business.
5. Restrictions of Use
The content and information on this Website (including, but not limited to,
ratings, reviews, messages, data, information, text, music, sound, photos, graphics,
video, maps, icons, software, code or other material), as well as the infrastructure
used to provide such content and information, is proprietary to us. You agree not
to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell or re-sell any information,
software, products, or services obtained from or through this Website.
Additionally, you agree not to:
a. use the Website to threaten, stalk, defraud, incite, harass, or advocate
the harassment of another person, or otherwise interfere with another user's use
of the Website ;
b. use the Website to submit or transmit spam, chain letters, contests,
junk email, pyramid schemes, surveys, or other mass messaging, whether commercial
in nature or not;
c. use the Website for promotional or commercial purposes, except as expressly
allowed in writing by Localloop;
d. use the Website in a manner that may create a conflict of interest,
such as trading reviews with other business owners or writing or soliciting shill
e. use the Website for keyword spamming or to otherwise attempt to manipulate
natural search results;
f. use the Website to promote bigotry or discrimination against protected
g. use the Website to violate any third-party right, including any breach
of confidence, copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary right;
h. use the Website to submit or transmit pornography or illegal content;
i. use the Website to solicit personal information from minors or to harm
or threaten to cause harm to minors;
j. use the Website in violation of the Terms of Service or any applicable
k. modify, adapt, appropriate, reproduce, distribute, translate, create derivative
works or adaptations of, publicly display, sell, trade, or in any way exploit the
Website or Website Content (other than Your Content), except as expressly
authorized by Localloop;
l. reverse engineer any portion of the Website, except as may be permitted
under the law;
m. remove or modify any copyright, trademark or other proprietary rights notice
on the Website or on any materials printed or copied off of the Website;
n. record, process, or mine information about other users;
o. use any robot, spider, Website search/retrieval application, or other
automated device, process or means to access, retrieve, scrape, or index the Website
or any Website Content;
p. access, retrieve or index the Website to for purposes of constructing
or populating a searchable database of business reviews;
q. "frame", "mirror" or otherwise incorporate any part of this Website into
any other Website without our prior written authorization.;
r. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse
engineer any software programs used by Localloop in connection with the Website or
s. take any action that imposes, or may impose in our sole discretion, an unreasonable
or disproportionately large load on Localloop's technology infrastructure;
t. attempt to gain unauthorized access to the Website, user accounts, computer
systems or networks connected to the Website through hacking, password mining
or any other means; use the Website or any Website Content to transmit any
computer viruses, worms, defects, Trojan horses or other items of a destructive
nature (collectively, "Viruses"); use any device, software or routine that interferes
with the proper working of the Website, or otherwise attempt to interfere with the
proper working of the Website; make excessive traffic demands; use the Website to
violate the security of any computer network, crack passwords or security encryption
codes; disrupt or interfere with the security of, or otherwise cause harm to, the
Website or Website Content; remove, circumvent, disable, damage or otherwise interfere
with any security-related features of the Website , features that prevent or restrict
the use or copying of Website Content, or features that enforce limitations
on the use of the Website.
Localloop believes in protecting your privacy. Please review our current
better help you understand our practices.
7. Reviews, Comments and use of Interactive Areas
We appreciate hearing from you. Please be aware the Website may contain discussion
forums, bulletin boards, rating and review services or other forums in which you
or third parties may post reviews of consumer experiences or other content, messages,
materials or other items on the Website ("Interactive Areas"). If Localloop provides
such Interactive Areas, you are solely responsible for your use of such Interactive
Areas and use them at your own risk.
a. Permission to Use Your Content
We may use Your Content in a number of different ways, including displaying it on
the Website , reformatting it, incorporating it into other works, creating derivative
works from it, promoting it, distributing it, and allowing others to do the same
in connection with their own Websites and media platforms ("Other Media"). As such,
you irrevocably grant us permission to use Your Content for any purpose. You also
irrevocably grant the Website's users and the users of any Other Media the right
to access Your Content in connection with their use of the Website and any Other
Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions
of moral rights or attribution with respect to Your Content.
b. Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with
Your Content, including anyone's reliance on its accuracy, completeness or usefulness,
or any disclosure by you of information in Your Content that makes you personally
identifiable. You represent that you own, or have the necessary permissions to use,
and authorize the use of, Your Content as described herein. You may not imply that
Your Content is in any way sponsored or endorsed by Localloop. You may expose
yourself to liability if, for example, Your Content violates any third-party right,
including any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right; contains
material that is false, intentionally misleading, or defamatory; contains material
that is unlawful, including illegal hate speech or pornography; exploits or otherwise
harms minors; or violates or advocates the violation of any law or regulation. This
includes the following:
1. Any message, data, information, text, music, sound, photos, graphics, code
or any other material ("Content") that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy
or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
2. Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability
or violate any local, state, national or international law, including, without limitation,
the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules
of a securities exchange such as the New York Stock Exchange (NYSE), the American
Stock Exchange or the NASDAQ;
3. Content that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party;
4. Content that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity, including Localloop;
5. Unsolicited promotions, political campaigning, advertising, contests, raffles,
6. Private information of any third party, including, without limitation, surname
(family name) addresses, phone numbers, email addresses, Social Security numbers
and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. Content that is unrelated to the topic of the Interactive Area(s) in which
such Content is posted; or
9. Content or links to content that, in the sole judgment of Localloop, (a)
violates the previous subsections herein, (b) is objectionable, (c) which restricts
or inhibits any other person from using or enjoying the Interactive Areas or the
Website , or (d) which may expose Localloop or its affiliates or its users to any
harm or liability of any type.
c. Use of Content
Localloop takes no responsibility and assumes no liability for any Content posted,
stored or uploaded by you or any third party, or for any loss or damage thereto,
nor is Localloop liable for any mistakes, defamation, slander, libel, omissions,
falsehoods, obscenity, pornography or profanity you may encounter. As a provider
of interactive services, Localloop is not liable for any statements, representations
or Content provided by its users in any public forum, personal home page or other
Interactive Area. Although Localloop has no obligation to screen, edit or monitor
any of the Content posted to or distributed through any Interactive Area, Localloop
reserves the right, and has absolute discretion, to remove, screen or edit without
notice any Content posted or stored on the Website at any time and for any reason,
and you are solely responsible for creating backup copies of and replacing any Content
you post or store on the Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution
or integrity) in the Content, you hereby declare that (a) you do not require that
any personally identifying information be used in connection with the Content, or
any derivative works of or upgrades or updates thereto; (b) you have no objection
to the publication, use, modification, deletion and exploitation of the Content
by Localloop or its licensees, successors and assigns; (c) you forever waive and
agree not to claim or assert any entitlement to any and all moral rights of an author
in any of the Content; and (d) you forever release Localloop, and its licensees,
successors and assigns, from any claims that you could otherwise assert against
Localloop by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of the Website in violation of
the foregoing violates these Website Terms and may result in, among other things,
termination or suspension of your rights to use the Interactive Areas and/or the
Website. In order to cooperate with legitimate governmental requests, subpoenas
or court orders, to protect Localloop's systems and customers, or to ensure the
integrity and operation of Localloop's business and systems, Localloop may access
and disclose any information it considers necessary or appropriate, including, without
limitation, user profile information (i.e. name, email address, etc.), IP addressing
and traffic information, usage history, and posted Content. Localloop's right to
disclose any such information shall take precedence over any terms of Localloop's
We may remove or reinstate User Content from time to time at our sole discretion.
For example, we may remove a review if we believe it violates or compromises our
content. We have no obligation to retain or provide you with copies of Your Content,
nor do we guarantee any confidentiality with respect to Your Content.
Localloop and its licensees may display advertisements and other information adjacent
to or included with Your Content on the Website and Other Media. You are not entitled
to any compensation for such advertisements. The manner, mode and extent of such
advertising are subject to change without specific notice to you.
8. User Ratings and Reviews
If you rate a Localloop Certified Business and, in addition, provide comments, your
comments along with your first name and last initial will be displayed on the website.
Your act of posting a comment grants Localloop a non—exclusive, royalty free license
to use, reproduce, modify, publish, and/or distribute your comment. You acknowledge
a. your comments are subject to applicable state and federal laws, including libel
b. if you knowingly post false or misleading statements about a business or person,
you may be subject to legal action from that person or business, and
c. you will be solely responsible for such actions or damages. Localloop will
not be responsible for any such actions or damages.
Localloop reserves the right to:
a. verify comments before publication,
b. not display false, defamatory or libelous comments (or remove such comments if
they have been displayed), or
c. take such other action as may be necessary to protect Localloop from loss relating
to your comments.
In order to protect Localloop in the event of legal process, and to demonstrate
that ratings, reviews and comments have in fact been made, all ratings, reviews
and comments will be stored along with the identity of the party making the rating,
review or comment. However, such identifying material will not be disclosed without
permission unless deemed necessary to comply with applicable laws, regulations,
governmental demands or other legal process. In the event of any legal action seeking
the identity of any person making comments, a commercially reasonable effort will
be made to contact the commenting party prior to any disclosure to give that party
a chance to object to disclosure of any identifying information.
Localloop reserves the right to request that a Registered Consumer User submit proof
of a transaction prior to the awarding of any benefit, including free dispute resolution,
rewards and points, and failure to submit such proof may result in the denial of
any or all Localloop benefits related to the transaction.
Registered User Benefits
Free Dispute Resolution
Eligible Localloop Users may contact Localloop to attempt to resolve problems
arising out of a "qualified transaction" anytime within three (3) months after the
transaction date. A "qualified transaction" is a transaction by a Localloop User
with a Localloop Certified Business Provider. An "Eligible Localloop User" is a
consumer who has (i) registered with Localloop prior to the transaction for which
mediation is being sought and (ii) has submitted a rating to Localloop regarding
the qualified transaction he or she wishes to have mediated within ninety (90) days
of the qualified transaction. If the Eligible Localloop User's efforts to resolve
the problem with the Localloop Certified Provider have been unsuccessful, the Eligible
Localloop User may make a dispute resolution request via Localloop's online dispute
resolution request form or mail to such address as Localloop may specify for such
purposes. Localloop will acknowledge its receipt of the request within three (3)
business days after receipt of the information necessary to begin the resolution
process. A Localloop Customer Service Manager will assign a 3rd-Party Dispute Resolution
Manager to review the case and make a recommendation to resolve the issue.
Localloop takes a neutral approach and relies on professional 3rd-Party Dispute
Resolution Managers to resolve disputes between Certified Businesses and Registered
Users. If the Dispute Resolution Manager finds on behalf of the Certified Business
or Registered User, we accept the decision as being fair and final. We believe that
Mandatory Dispute Resolution is fair and equitable, protecting the rights and responsibilities
of both parties in the dispute.
9. Copyright Dispute Policy
We have has adopted the following policies and procedures toward copyright infringement
in accordance with Title 17, United States Code, Section 512(c), which is part of
the Digital Millennium Copyright Act ("DMCA"). The address of Localloop's Designated
Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided
at the bottom of this section. It is Localloop's policy to (i) respond to notices
of alleged copyright infringement that comply with the DMCA; and (ii) terminate
the accounts of those determined by Localloop to be "repeat infringers".
a. Procedure for Reporting Copyright Infringements. If you
are a copyright owner or agent thereof, and believe that your copyright is being
infringed in connection with the Website, please send a written notification to
the Designated Agent detailing the alleged infringement. Your written notification
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the Content on the Website that allegedly infringes
upon the copyrighted work at issue, and information reasonably sufficient to permit
Localloop to locate such Content;
3. A statement by you that you have a good faith belief that the use of the
Content identified in your notice in the manner complained of is not authorized
by the copyright owner, its agent, or the law;
4. A statement by you that you attest, under penalty of perjury, that the information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf; and
5. Your physical or electronic signature, together with your contact information
(address, telephone number and, if available, email address).
b. Procedure to Supply a Counter-Notice to the Designated Agent.
If you believe that Content has been mistakenly removed from the Website pursuant
to this DMCA policy, you may send a written counter-notice to the Designated Agent
including the following:
1. Identification of the Content that was removed, and the location on the
Website where it would have been found prior to its removal;
2. A statement under penalty of perjury that you have a good faith belief that
the Content was removed as a result of a mistake or misidentification;
3. A statement that you consent to the jurisdiction of the Federal District
Court for the judicial district in which your address is located, or if your address
is located outside the United States, for any judicial district in which Localloop
is located, and that you will accept service of process from the person who provided
notification under 512(c)(1)(C) or an agent of such person; and
4. Your physical or electronic signature, together with your contact information
(address, telephone number and, if available, email address).
c. Address for Designated Agent. Please contact the Designated Agent at the
330 112th Ave NE, Suite 301
Bellevue, WA 98004
The Designated Agent should only be contacted in connection with the issues raised
in this Section. All other inquiries directed to the Designated Agent will not be
responded to; instead, such inquiries should be made through the procedures referenced
in Sections 15 or 22 below.
10. Website Availability
We reserve the right to modify, update, or discontinue the Website at our sole discretion,
at any time, for any or no reason, and without notice or liability.
11. Unauthorized Access
We reserve the right to exercise whatever lawful means we deem necessary
to prevent unauthorized access to or use of the Website, including, but not limited
to, technological barriers, IP mapping, and contacting your Internet Service Provider
(ISP) regarding such unauthorized use.
We are under no obligation to monitor the Website or Website Content. However, we
reserve the right to investigate possible violations of the Terms of Service, block
users from the Website, and refer matters to law enforcement authorities for further
investigation. We may disclose information to third parties, including Your Content,
Dissatisfaction. If you are dissatisfied with the Website, please provide feedback
through our contacts page (click here). Your only other remedy with respect to any
dissatisfaction with (i) the Website, (ii) the Terms of Service, (iii) any policy
or practice of Localloop in operating the Website, or (iv) any content or information
transmitted through the Website, is to terminate the Terms of Service and your account.
Suggestions and Improvements. By sending us any ideas, suggestions, documents or
proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential
or proprietary information of third parties, (ii) we are under no obligation of
confidentiality, express or implied, with respect to the Feedback, (iii) we may
have something similar to the Feedback already under consideration or in development,
and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide
license to use, modify, publish, distribute and sublicense the Feedback.
We may terminate or suspend your account or ability to use the Website, in whole
or in part, at our sole discretion, for any or no reason, and without notice or
liability of any kind. For example, we may terminate or suspend your account or
ability to use the Website if you breach the Terms of Service or are suspected of
involvement in illegal activity. Any such termination or suspension could prevent
you from accessing your account, the Website, Your Content, Website Content, or
any other related information.
You may terminate the Terms of Service at any time by closing your account, discontinuing
your use of any and all parts of the Website, and providing Localloop with a notice
of termination (click to cancel membership) under the heading "Close my account".
If you close your account, we will use commercially reasonable efforts to stop displaying
your account profile on the Website , but may continue to display Your Content where
it implicates other users (e.g., compliments that you have sent to other users and
comments that you have posted to Localloop).
We own the Localloop Content, including but not limited to visual interfaces, interactive
features, graphics, design, compilation, computer code, products, software, aggregate
user review ratings and reviews, and all other elements and components of the Website
excluding User Content and Third Party Content. We also own the copyrights, trademarks,
service marks, trade names, and other intellectual and proprietary rights throughout
the world (the "IP Rights") associated with the Localloop Content and the Website,
which are protected by copyright, trade dress, patent, trademark laws and all other
applicable intellectual and proprietary rights and laws. As such, you may not modify,
reproduce, distribute, create derivative works or adaptations of, publicly display
or in any way exploit any of the Localloop Content in whole or in part except as
expressly authorized by us. Except as expressly and unambiguously provided herein,
we do not grant you any express or implied rights, and all rights in and to the
Website and the Localloop Content are retained by us.
16. Warranties, Disclaimers, and Limitations of Liability
a. THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN
"AS IS" BASIS. LOCALLOOP MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF
ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY
OF THE WEBSITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS,
SAFETY, AND IP RIGHTS OF ANY OF THE WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO
THE ACCURACY OF BUSINESS RATINGS AND REVIEWS AND BUSINESS INFORMATION LISTED ON
THE WEBSITE , AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE WEBSITE OR WEBSITE
CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES
LISTED ON THE WEBSITE. LOCALLOOP FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY,
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM LOCALLOOP
OR THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY
b. LOCALLOOP DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C)
BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF LOCALLOOP OR ANY THIRD
PARTY, OR (E) LOSS OF INFORMATION OR DATA.
c. LOCALLOOP FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING
OUT OF YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. YOUR USE OF THE WEBSITE AND
WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA
OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER
IN THE COURSE OF USING THE WEBSITE.
d. LOCALLOOP ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT
OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS
ON THE WEBSITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS,
AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH LOCALLOOP RESERVES THE RIGHT TO
MONITOR DISPUTES BETWEEN YOU AND THEM.
e. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE
LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE
IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST
EXTENT PERMITTED UNDER APPLICABLE LAW.
f. LOCALLOOP'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER,
AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE,
BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES
BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LOCALLOOP IN
CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY OR (II) US$100.00.
You agree to indemnify and hold Localloop, its parents, subsidiaries, affiliates,
any related companies, suppliers, licensors and partners, and the officers, directors,
employees, agents and representatives of each of them harmless, including costs,
liabilities and legal fees, from any claim or demand made by any third party due
to or arising out of (i) your access to or use of the Website, (ii) your violation
of the Terms of Service, or (iii) the infringement by you, or any third party using
your account, of any intellectual property or other right of any person or entity.
Localloop reserves the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us and you agree to
cooperate with our defense of these claims. You agree not to settle any matter without
the prior written consent of Localloop. Localloop will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
18. Third Parties
This Website may contain hyperlinks to Websites operated by parties other
than Localloop. Such hyperlinks are provided for your reference only. We do not
control such Websites and are not responsible for their contents or the privacy
or other practices of such Websites. Further, it is up to you to take precautions
to ensure that whatever links you select or software you download (whether from
this Website or other Websites) is free of such items as viruses, worms, trojan
horses, defects and other items of a destructive nature. Our inclusion of hyperlinks
to such Websites does not imply any endorsement of the material on such Website
s or any association with their operators. In some cases you may be asked by a third
party Website to link your profile on Localloop to a profile on another third party
Website. Choosing to do so is purely optional, and the decision to allow this information
to be linked can be disabled (with the third party Website) at any time.
The Website may include links to other Websites (each, a "Third Party Website").
We do not control or endorse any Third Party Website, and you agree that we are
not responsible for the availability or contents of such Third Party Websites. Some
of the Website 's mapping features are powered by Mapquest Inc., the use of which
(or such other URL as may be updated by Mapquest Inc.)
If there is any dispute about or involving the Website or Localloop, you agree that
any such dispute will be governed by the laws of the State of Washington without
regard to its conflict of law provisions. You agree to personal jurisdiction by
and venue in the state and federal courts in Whatcom County, Washington.
No agency, partnership, joint venture, or employment is created as a result of the
Terms of Service, and you do not have any authority of any kind to bind us in any
We may provide you with notices, including those regarding changes to the Terms
of Service by email, regular mail or postings on the Website.
Except as otherwise stated in Section 20 above, nothing herein is intended, nor
will be deemed, to confer rights or remedies upon any third party.
The Terms of Service contain the entire agreement between you and us regarding the
use of the Website, and supersede any prior agreement between you and us on such
subject matter. The parties acknowledge that no reliance is placed on any representation
made but not expressly contained in these Terms of Service.
Any failure on our part to exercise or enforce any right or provision of the Terms
of Service shall not constitute a waiver of such right or provision. The failure
of either party to exercise in any respect any right provided for herein shall not
be deemed a waiver of any further rights hereunder.
If any provision of the Terms of Service is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary so
that the Terms of Service shall otherwise remain in full force and effect and enforceable.
The Terms of Service are not assignable, transferable or sublicensable by you except
with Localloop's prior written consent, but may be assigned or transferred by us
without restriction. Any assignment attempted to be made in violation of the Terms
of Service shall be void.
The section titles in the Terms of Service are for convenience only and have no
legal or contractual effect.
20. Software available on this website
Unless otherwise specified, the materials on the Websites are presented
solely to provide information regarding and to promote Localloop’s services, Websites,
partners and other products available in the United States, its territories, possessions
and protectorates. The Localloop Websites are controlled and operated by Localloop
from its offices in the state of Washington in the United States. Localloop makes
no representation that materials on the Localloop Websites are appropriate or available
for use outside the United States. Those who choose to access the Localloop Website
from outside the United States do so on their own initiative and are responsible
for compliance with local laws, if and to the extent that local laws are applicable.
Software from the Localloop Websites is further subject to United States export
controls. No software from the Localloop Websites may be downloaded or otherwise
exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods,
or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By using the Localloop Websites,
you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
Any software that is made available to download from the Localloop Websites ("Software")
is the copyrighted work of Localloop, LLC or other third party software as identified.
Your use of such Software is governed by the terms of the end user license agreement,
if any, which accompanies, or is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement terms. For any Software
made available for download on this Website not accompanied by a License Agreement,
we hereby grant to you, the user, a limited, personal, nontransferable license to
use the Software for viewing and otherwise using this Website in accordance with
these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java,
Localloop, LLC and/or its affiliates, and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software is expressly
prohibited, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
21. Copyright and Trademark Notices
All contents of this Website are: ©2012 Localloop Global, Inc. All
rights reserved. Localloop is not responsible for content on Websites operated by
parties other than Localloop. Localloop, the parallel lines logo and all other product
or service names or slogans displayed on the Website are registered and/or common
law trademarks of Localloop, LLC and/or its suppliers or licensors, and may
not be copied, imitated or used, in whole or in part, without the prior written
permission of Localloop or the applicable trademark holder. In addition, the look
and feel of the Website, including all page headers, custom graphics, button icons
and scripts, is the service mark, trademark and/or trade dress of Localloop and
may not be copied, imitated or used, in whole or in part, without the prior written
permission of Localloop. All other trademarks, registered trademarks, product names
and company names or logos mentioned in the Website are the property of their respective
owners. Reference to any products, services, processes or other information, by
trade name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof by Localloop.
Other logos and product and company names mentioned herein may be the trademarks
of their respective owners.
If you are aware of an infringement of either your brand or our brand, please let
us know by
This Website is operated by a U.S. entity and this Agreement is governed
by the laws of the State of Washington, USA. You hereby consent to the exclusive
jurisdiction and venue of courts in Washington, USA and stipulate to the fairness
and convenience of proceedings in such courts for all disputes arising out of or
relating to the use of this Website. You agree that all claims you may have against
Localloop, LLC arising from or relating to the Website must be heard and resolved
in a court of competent subject matter jurisdiction located in the state of Washington.
Use of this Website is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including, without limitation,
You agree that no joint venture, agency, partnership, or employment relationship
exists between you and the Localloop and/or Affiliates as a result of this Agreement
or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process,
and nothing contained in this Agreement limits our right to comply with law enforcement
or other governmental or legal requests or requirements relating to your use of
this Website or information provided to or gathered by us with respect to such use.
To the extent allowed by applicable law, you agree that you will bring any claim
or cause of action arising from or relating to your access or use of this Website
within two (2) years from the date on which such claim or action arose or accrued
or such claim or cause of action will be irrevocably waived.
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 remaining provisions in the Agreement shall
continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes
the entire agreement between you and Localloop with respect to this Website and
it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between the customer and Localloop with respect to
this Website. 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
Fictitious names of companies, products, people, characters, and/or data mentioned
on this Website are not intended to represent any real individual, company, product,
or event. Any rights not expressly granted herein are reserved.
23. Service Help
For answers to your questions or ways to contact us:
Attn: Jason Gaylord
8301 212TH ST SW, Suite C
Edmonds, WA 98026
©2012 Localloop Global, Inc. All rights reserved.