We reserve the right to modify or amend these Terms from time to time. Please check back periodically to see if there are any changes. Your continued use of any part of the Site following posting of changes to these Terms shall mean you accept these changes.
1. Site Content
(a) All contents of this Site are: ©2016 PeopleLoop, Inc. All rights reserved. PEOPLELOOP, THE LOOP™ and Company’s logo are trademarks of Company. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to, text, software, sound, photographs, buttons, images, logos, video and graphics (collectively, the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use the Content as expressly authorized herein or in writing by the Company. Neither these Terms nor your use of this Site transfers any right, title or interest in this Site or the Content to you, and Company and its third-party licensors retain all of its and their respective Intellectual Property Rights in and to the Site and Content. Any rights not expressly ranted are reserved.
(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Company. You shall not use any data mining, robots, or similar data gathering and extraction methods in connection with the Sites.
(c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Content of this Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. This Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of this Site. Company does not make any representations regarding the legality of this Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.
(d) Certain materials on this Site may be furnished by third parties, including any advertisements. Certain product, service, or company designations for companies other than Company may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, to any our intellectual property or any third party’s intellectual property. Any rights not expressly granted herein are reserved.
You may not use the Site or Content for any purpose that is unlawful or prohibited by these Terms. By using this Site, including all Content and services available through it, you agree that you shall not:
(a) delete, modify, hack or attempt to change or alter any of the Content on the Site;
(b) attempt to access computer systems, or networks connected to any of our servers or to this Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Site;
(c) use any device, software or routine capable of damaging or otherwise interfering with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
(d) use any robot, spider, scraper, crawler, indexing agent or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site;
(e) use any Company names, service marks, or trademarks without our prior written consent, including without limitation, as metatags, search engine keywords, or hidden text, or remove any copyright notice or trademark legend, attribution or other notice placed on or contained within any of the Content;
(f) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(g) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
(h) create a false identity for the purpose of misleading others;
(i) provide false information or impersonate someone else;
(j) publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or
(k) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:
(a) the Content is used solely for personal, non-commercial informational, or internal business purposes;
(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
(c) all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
(d) the Content is not modified or altered in any way; and
(e) no graphics are used separately from accompanying text.
Other Sites; Third-Party Content
As a convenience to you, this Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to Site users. Information and views contained in Linked Sites are not adopted or endorsed by us.
Company does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any Internet sites. Company reserves the right to terminate such links at any time. The fact that Company offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.
5. Termination of Site/Modifications to Site
Company reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1-2 and 4-18 of these Terms shall survive any termination. Company may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. The Company may alter, suspend or discontinue the Site in whole or in part at any time and for any reason, without notice. You acknowledge and agree that Company will not be liable to you or any third party in the event that Company exercises its right to modify or terminate access to the Site or portions of the Site.
In accordance with the Digital Millennium Copyright Act (“DMCA”), Company has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at firstname.lastname@example.org or through the address set forth at the end of this page. When notifying Company of the alleged copyright infringement, please include all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by Company to infringe a copyright or otherwise violate any intellectual property rights, Company will remove or disable access to any such material.
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
Ideas and Data
You acknowledge and agree that you may be providing certain feedback, statements, suggestions and ideas (“Ideas”) to Company, directly or through a third party, in connection with your use of the Site, which Company may use in future modifications to the Site, multimedia works and/or advertising and promotional materials relating thereto. In addition, you acknowledge and agree that Company may have access to certain analytic and demographic data (“Data”) with respect to your use of the Site. You hereby assign to Company any and all right, title, and interest in any Ideas and Data, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights.
You acknowledge and agree that submission of Ideas and Data to Company, either orally or in writing, will not in any way establish a confidential relationship with Company, nor will it place Company in the position of receiving a disclosure in trust. Company will not be obligated and makes no commitment to treat or maintain Ideas which you submit as confidential. In addition, you do not expect any type of payment or remuneration from Company for Ideas or Data. You agree that all documents and materials submitted to Company will become the property of Company, unless Company agrees otherwise in writing. No obligation is assumed or may be implied on the part of Company by receipt or examination of the Idea or Data submission to use the Ideas and Data, compensate you or otherwise enter into another agreement with you.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION,: (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR CONTENT; (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, OR ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
YOU AGREE THAT ACCESS TO AND USE OF THE SITE AND SERVICES PROVIDED IN CONNECTION THEREWITH AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. If, notwithstanding the other provisions of these Terms, the Company is found to be liable to you or any third party for any damage or loss which arises out of your use of the Site or any Content or services provided in connection with the Site, the Company’s liability shall in no event exceed the greater of one-hundred dollars ($100.00 USD).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Company, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of another.
Limitation on Actions Brought Against Company
You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
THE USE OF THE SITE REQUIRES THE INDIVIDUAL ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES. SUBJECT TO THIS SECTION, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE: (1) IN COURT; (2) BEFORE A JUDGE OR JURY; OR (3) IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
You agree that any dispute arising out of or relating in any way to your use of this Site or the purchase of products from the Company through the Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Company’s Intellectual Property Rights, Company may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Los Angeles, California, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents: (a) to the non-exclusive jurisdiction of the state or federal courts located in Los Angeles County, California for any action (i) to compel arbitration; (ii) to enforce any award of the arbitrators; or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies; and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Los Angeles County, California and each party hereby waives any defense related to personal jurisdiction, process or venue.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
If you have any questions about these Terms, the practices of Company, or your dealings with this Site, please contact us through the address below.
1219 Morningside Drive, Suite 102
Manhattan Beach, CA 90266
Last Updated: February 16, 2016