Version Date: February 7th,
2018
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”)
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity (“user” or “you”) and Loyal
Cast LLC and its affiliated companies (collectively, “Company” or “we”
or “us” or “our”), concerning your access to and use of the www.loyalcast.com
website as well as any other media form, media channel, mobile website or mobile
application related or connected thereto (collectively, the “Website”). The
Website provides the following service: We provide mobile and Internet based
digital applications that allow businesses to invite their customers to
participate in promotions. (“Company Services”). Supplemental terms and
conditions or documents that may be posted on the Website from time to time,
are hereby expressly incorporated into this Agreement by reference.
Company makes no
representation that the Website is appropriate or available in other locations
other than where it is operated by Company. The information provided on the
Website is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject Company to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Website from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) must have the permission of,
and be directly supervised by, their parent or guardian to use the Website. If
you are a minor, you must have your parent or guardian read and agree to this
Agreement prior to you using the Website. Persons under the age of 13 are not
permitted to register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS
AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF
APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO
ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE
COMPANY SERVICES OR THE WEBSITE.
PURCHASES; PAYMENT
Company bills you through an online billing
account for purchases of products and/or services. You agree to pay Company all
charges at the prices then in effect for the products you or other persons
using your billing account may purchase, and you authorize Company to charge
your chosen payment provider for any such purchases. You agree to make payment
using that selected payment method. If you have ordered a product or service
that is subject to recurring charges then you consent to our charging your
payment method on a recurring basis, without requiring your prior approval from
you for each recurring charge until such time as you cancel the applicable
product or service. Company reserves the right to correct any errors or
mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed
required by Company. Company may change prices at any time. All payments shall
be in U.S. dollars.
RETURN POLICY
Please review our Return Policy posted on our
Website prior to making any purchases.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company Services, you represent and
warrant that:
A. all
registration information you submit is truthful and accurate;
B. you
will maintain the accuracy of such information;
C. you
will keep your password confidential and will be responsible for all use of
your password and account;
D. you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use this Website; and
E. your
use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Website’s
registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Website (or any
portion thereof).
We reserve the right to remove or reclaim or
change a user name you select if we determine appropriate in our discretion,
such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a
user's actual name.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the Company Services via a
mobile application, then Company grants you a revocable, non-exclusive,
non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on
such devices strictly in accordance with the terms and conditions of this
license. You shall use the application strictly in accordance with the terms of
this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any
modification, adaptation, improvement, enhancement, translation or derivative
work from the application; (c) violate any applicable laws, rules or
regulations in connection with your access or use of the application; (d) remove,
alter or obscure any proprietary notice (including any notice of copyright or
trademark) of Company or its affiliates, partners, suppliers or the licensors
of the application; (e) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (f) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same
time; (g) use the application for creating a product, service or software that
is, directly or indirectly, competitive with or in any way a substitute for the
application; (h) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (i)
use any proprietary information or interfaces of Company or other intellectual
property of Company in the design, development, manufacture, licensing or
distribution of any applications, accessories or devices for use with the
application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play to access the
Company Services. You acknowledge that this Agreement is concluded between you
and Company only, and not with Apple Inc. or Google, Inc. (each an “App
Distributor”), and Company, not an App Distributor, is solely responsible for
the Company application and the content thereof. (1) SCOPE OF LICENSE: The
license granted to you for the Company application is limited to a non-transferable
license to use the Company application on a device that utilizes the Apple iOS
or Android operating system, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor terms of service. (2)
MAINTENANCE AND SUPPORT: Company is solely responsible for providing any
maintenance and support services with respect to the Company application, as
specified in this Agreement, or as required under applicable law. You
acknowledge that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the Company application.
(3) WARRANTY: Company is solely responsible for any product warranties, whether
express or implied by law, to the extent not effectively disclaimed. In the
event of any failure of the Company application to conform to any applicable
warranty, you may notify an App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any,
paid for the Company application, and to the maximum extent permitted by
applicable law, an App Distributor will have no other warranty obligation
whatsoever with respect to the Company application, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be Company’s sole responsibility. (4) PRODUCT
CLAIMS: You acknowledge that Company, not an App Distributor, is responsible
for addressing any claims of yours or any third party relating to the Company application
or your possession and/or use of the Company application, including, but not
limited to: (i) product liability claims; (ii) any
claim that the Company application fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in
the event of any third party claim that the Company application or your
possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant
that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country; and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY
TERMS OF AGREEMENT: You must comply with applicable third party terms of
agreement when using the Company application, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service
agreement when using the Company application. (8) THIRD PARTY BENEFICIARY:
Company and you acknowledge and agree that the App Distributors, and their
subsidiaries, are third party beneficiaries of this Agreement, and that, upon
your acceptance of the terms and conditions of this Agreement, each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce this Agreement against you as a third party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Website, you
may link your account with online accounts you may have with third party
service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information
through the Website; or (ii) allowing Company to access your Third Party
Account, as is permitted under the applicable terms and conditions that govern
your use of each Third Party Account. You represent that you are entitled to
disclose your Third Party Account login information to Company and/or grant
Company access to your Third Party Account (including, but not limited to, for
use for the purposes described herein), without breach by you of any of the
terms and conditions that govern your use of the applicable Third Party Account
and without obligating Company to pay any fees or making Company subject to any
usage limitations imposed by such third party service providers. By granting
Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if
applicable) any content that you have provided to and stored in your Third
Party Account (the “Social Network Content”) so that it is available on and
through the Website via your account, including without limitation any friend
lists, and (ii) Company may submit and receive additional information to your
Third Party Account to the extent you are notified when you link your account
with the Third Party Account. Depending on the Third Party Accounts you choose
and subject to the privacy settings that you have set in such Third Party
Accounts, personally identifiable information that you post to your Third Party
Accounts may be available on and through your account on the Website. Please
note that if a Third Party Account or associated service becomes unavailable or
Company’s access to such Third Party Account is terminated by the third party
service provider, then Social Network Content may no longer be available on and
through the Website. You will have the ability to disable the connection
between your account on the Website and your Third Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort
to review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality or non-infringement, and Company is not responsible
for any Social Network Content. You acknowledge and agree that Company may
access your e-mail address book associated with a Third Party Account and your
contacts list stored on your mobile device or tablet computer solely for the
purposes of identifying and informing you of those contacts who have also
registered to use the Website. At your request made via email to our email
address listed below, or through your account settings (if applicable), Company
will deactivate the connection between the Website and your Third Party Account
and delete any information stored on Company’s servers that was obtained
through such Third Party Account, except the username and profile picture that
become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Website or the Company Services
("Submissions") provided by you to Company are non-confidential and
Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial
or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purpose other than
that for which Company makes it available. The Website may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Company. Prohibited activity includes, but is not
limited to:
A. attempting
to bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website
B. attempting
to impersonate another user or person or using the username of another user
C. criminal or
tortious activity
D. deciphering,
decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website
E. deleting
the copyright or other proprietary rights notice from any Website content
F. engaging in
any automated use of the system, such as using any data mining, robots or
similar data gathering and extraction tools
G. except as
may be the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without
limitation, any spider, robot (or "bot"), cheat utility, scraper or
offline reader that accesses the Website, or using or launching any
unauthorized script or other software
H. harassing,
annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
I. interfering
with, disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website
J. making any
unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses
K. selling or
otherwise transferring your profile
L. systematic
retrieval of data or other content from the Website to create or compile,
directly or indirectly, a collection, compilation, database or directory
without written permission from Company
M. tricking,
defrauding or misleading Company and other users, especially in any attempt to
learn sensitive account information such as passwords
N. using any
information obtained from the Website in order to harass, abuse, or harm
another person
O. using the
Company Services as part of any effort to compete with Company or to provide
services as a service bureau
P. using the
Website in a manner inconsistent with any and all applicable laws and
regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”)
and the trademarks, service marks and logos contained therein (“Marks”) are
owned by or licensed to Company, and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Company Content, includes, without limitation, all
source code, databases, functionality, software, website designs, audio, video,
text, photographs and graphics. All Company graphics, logos, designs, page
headers, button icons, scripts and service names are registered trademarks,
common law trademarks or trade dress of Company in the United States and/or
other countries. Company's trademarks and trade dress may not be used,
including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company.
Company Content on the Website is provided to
you “AS IS” for your information and personal use only and may not be used,
copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Provided that you
are eligible to use the Website, you are granted a limited license to access
and use the Website and the Company Content and to download or print a copy of
any portion of the Company Content to which you have properly gained access
solely for your personal, non-commercial use. Company reserves all rights not
expressly granted to you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through
the Website or the Company Services) links to other websites ("Third Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the
"Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Website or any Third Party Content
posted on, available through or installed from the Website, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Websites or the Third Party
Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Website and access the
Third Party Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Website or relating to any applications you use or install from the Website.
Any purchases you make through Third Party Websites will be through other
websites and from other companies, and Company takes no responsibility
whatsoever in relation to such purchases which are exclusively between you and
the applicable third party.
SITE MANAGEMENT
Company reserves the right but does not have the
obligation to:
A. monitor the
Website for violations of this Agreement;
B. take
appropriate legal action against anyone who, in Company’s sole discretion,
violates this Agreement, including without limitation, reporting such user to
law enforcement authorities;
C. in Company’s
sole discretion and without limitation, refuse, restrict access to or
availability of, or disable (to the extent technologically feasible) any user’s
contribution or any portion thereof that may violate this Agreement or any
Company policy;
D. in Company’s
sole discretion and without limitation, notice or liability to remove from the
Website or otherwise disable all files and content that are excessive in size
or are in any way burdensome to Company’s systems;
E. otherwise
manage the Website in a manner designed to protect the rights and property of
Company and others and to facilitate the proper functioning of the Website.
PRIVACY POLICY
We care about the privacy of our users. Please
review the Company Privacy Policy. By using the Website or Company Services,
you are consenting to have your personal data transferred to and processed in
the United States. By using the Website or the Company Services, you are
consenting to the terms of our Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and
effect while you use the Website or are otherwise a user or member of the
Website, as applicable. You may terminate your use or participation at any
time, for any reason, by following the instructions for terminating user accounts
in your account settings, if available, or by contacting us using the contact
information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE
COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION,
AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE
COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU
HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website
and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order
to fulfill the purposes of such provisions, need to survive the termination or
expiration of this Agreement, shall be deemed to survive for as long as
necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO
CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO
MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,
EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS
HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY
ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account
for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, Company reserves the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to
time. Any and all changes to this Agreement will be posted on the Website and
revisions will be indicated by date. You agree to be bound to any changes to
this Agreement when you use the Company Services after any such modification
becomes effective. Company may also, in its discretion, choose to alert all
users with whom it maintains email information of such modifications by means
of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact
information current in your account settings to ensure you are informed of
changes. You agree that you will periodically check
the Website for updates to this Agreement and you will read the messages we
send you to inform you of any changes. Modifications to this Agreement
shall be effective after posting.
To Services
Company reserves the right at any time to modify
or discontinue, temporarily or permanently, the Company Services (or any part
thereof) with or without notice. You agree that Company shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the
Website, or between users and any third party, you understand and agree that
Company is under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release Company, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or the Company Services.
With Company
A. Governing Law;
Jurisdiction. This Agreement and
all aspects of the Website and Company Services shall be governed by and
construed in accordance with the internal laws of the State/Commonwealth of
Florida, without regard to conflict of law provisions. With respect to any
disputes or claims not subject to informal dispute resolution or arbitration
(as set forth below), you agree not to commence or prosecute any action in
connection therewith other than in the state and federal courts located in
United States County, State of Florida, and you hereby consent to, and waive
all defenses of lack of personal jurisdiction and forum non conveniens
with respect to, venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods is excluded from this Agreement. Additionally,
application of the Uniform Computer Information Transaction Act (UCITA) is
excluded from this Agreement. In no event shall any claim, action or
proceeding by you related in any way to the Website or Company Services be
instituted more than two (2) years after the cause of action arose.
B. Informal Resolution. To expedite
resolution and control the cost of any dispute, controversy or claim related to
this Agreement ("Dispute"), you and Company agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days days before
initiating any arbitration or court proceeding. Such informal negotiations
commence upon written notice from one person to the other.
C. Binding Arbitration. If you and Company
are unable to resolve a Dispute through informal negotiations, either you or
Company may elect to have the Dispute (except those Disputes expressly excluded
below) finally and exclusively resolved by binding arbitration. Any election to
arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND
THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the AAA website www.adr.org. The determination of whether a
Dispute is subject to arbitration shall be governed by the Federal Arbitration
Act and determined by a court rather than an arbitrator. Your arbitration fees
and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs
are determined by the arbitrator to be excessive, Company will pay all
arbitration fees and expenses. The arbitration may be conducted in person,
through the submission of documents, by phone or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless
requested by a party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will
take place in United States County, State of Florida. Except as otherwise
provided in this Agreement, you and Company may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions. You and Company
agree that any arbitration shall be limited to the Dispute between Company and
you individually. To the full extent permitted by law, (1) no arbitration shall
be joined with any other; (2) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures;
and (3) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or concerning the
validity of any of your or Company’s intellectual property rights; (2) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy or unauthorized use; and (3) any claim for injunctive relief. If this
Section is found to be illegal or unenforceable then neither you nor Company
will elect to arbitrate any Dispute falling within that portion of this Section
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and you and Company agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
Occasionally there may be information on the
Website that contains typographical errors, inaccuracies or omissions that may
relate to service descriptions, pricing, availability, and various other
information. Company reserves the right to correct any errors, inaccuracies or
omissions and to change or update the information at any time, without prior
notice.
DISCLAIMERS
Company cannot control the nature of all of the
content available on the Website. By operating the Website, Company does not
represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation
content hosted on third party websites or provided by third party applications,
or that Company believes contributions, blogs or other content to be accurate,
useful or non-harmful. We do not control and are not responsible for unlawful
or otherwise objectionable content you may encounter on the Website or in
connection with any contributions. The Company is not responsible for the
conduct, whether online or offline, of any user of the Website or Company
Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND
COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY,
AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE
PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "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."
INDEMNITY
You agree to defend, indemnify and hold Company,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from and against, any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of your contributed content, use of the
Company Services, and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth above. Notwithstanding
the foregoing, Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify
Company, and you agree to cooperate, at your expense, with Company’s defense of
such claims. Company will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any
notices given to Company shall be given by email to the address listed in the
contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as
each party may specify. Notice shall be deemed to be given twenty-four (24)
hours after the email is sent, unless the sending party is notified that the
email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you
transfer to the Website for the purpose of the performance of the Company
Services, as well as data relating to your use of the Company Services.
Although we perform regular routine backups of data, you are primarily
responsible for all data that you have transferred or that relates to any
activity you have undertaken using the Company Services. You agree that
Company shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against Company arising from any
such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the
ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR
AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL
RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY
SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND
APPLICATIONS. In order to access and retain your electronic records, you may be
required to have certain hardware and software, which are your sole
responsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement
between you and Company regarding the use of the Company Services. The failure
of Company to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual effect.
This Agreement operates to the fullest extent permissible by law. This
Agreement and your account may not be assigned by you without our express
written consent. Company may assign any or all of its rights and obligations to
others at any time. Company shall not be responsible or liable for any loss,
damage, delay or failure to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions. There is
no joint venture, partnership, employment or agency relationship created
between you and Company as a result of this Agreement or use of the Website and
Company Services. Upon Company’s request, you will furnish Company any
documentation, substantiation or releases necessary to verify your compliance
with this Agreement. You agree that this Agreement will not be construed
against Company by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of this Agreement and the
lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company
Services or to receive further information regarding use of the Company
Services, please contact Company as set forth below or, if any complaint with
us is not satisfactorily resolved, and you are a California resident, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at 1-916-445-1254.
Loyal Cast LLC
181 Garland Circle
Palm Harbor, FL 34683
Email: info@loyalcast.com