Terms of Use

These Terms of Use and Privacy Policy, hereinafter known together as the “Agreement” govern your access to our website, www.lotsofonlinepeople.com (the “Site”) and use of LOOP Content, consisting of all material and Products provided on, by, and through the Site, all of which was created by, and is owned, controlled and operated by, Lots of Online People, LLC, a Delaware limited liability company (“LOOP,” “Us,” or “We”).  Please read this Agreement carefully, as you must agree to it in its entirety in order to access or use this Site and LOOP Content.

ACCEPTANCE OF agreement

You demonstrate that you agree to be bound by this Agreement by clicking on an “Accept” or similar button or accessing any LOOP Content.  By doing so, You further represent that You have read, and understand these terms, and have had an opportunity to consult legal counsel to explain any terms that you may not understand.  If You do not accept all of the terms of this Agreement, You are not authorized to access or use this Site or LOOP Content.

DEfinitions

As used in this Agreement, the following terms have the following meanings:

 

  1. Account—refers to the account created by a User in accordance with the registration requirements described in this Agreement.
  2. Agreement—refers to these Terms of Use and Privacy Policy.
  3. LOOP, Us, or We—refers to our company, “Lots of Online People, LLC”; our Site; our Products; or a combination of all or some of the preceding definitions, depending on the context in which the word is used.
  4. LOOP Content—refers to all of the Products and all other content provided by LOOP on, by, and through the Site, as well as all portions thereof and information, records, fields and data contained therein. LOOP Content does not include User Content.
  5. Privacy Policy—refers to our Privacy Policy located at lotsofonlinepeople.com/privacy-policy.
  6. Product or Products—refers to the reports, research, surveys, analyses or any other products or services that We provide through our Site and the Site itself.
  7. Site—refers to our website, lotsofonlinepeople.com, and the webpages available at our website.
  8. Term—refers to the term of this Agreement, in accordance with the section titled “Term and Termination.”
  9. TOU—refers to these Terms of Use.
  10. User—refers to anyone who uses our Site or LOOP Content, including general visitors to our Site.
  11. User Profile—refers to all User created Accounts with User provided information.
  12. User Content—refers to all information, data and content that You submit, publish or display on the Site or to LOOP.
  13. You—refers to you, the natural person, or the entity that is entering into this Agreement with LOOP.

representations and warranties by you

You represent and warrant that:

  1. You have the right, authority and capacity to agree to and abide by this Agreement.
  2. You will use the Site and LOOP Content in a manner consistent with any and all applicable laws and regulations.
  3. Your agreement to and performance under this Agreement will not (i) conflict with the terms of any other agreement or instrument to which You are or become a party or by which You are or become bound, or (ii) obligate You to violate or breach any obligations with a third party, including obligations of confidentiality.
  4. You are aged 18 years or older and of the minimum age required in your jurisdiction to be allowed to enter in a legally binding contract.
  5. You will provide Us with accurate and truthful information including, but not limited to, personal information, payment information, and other information that We deem necessary to provide you with LOOP Content.
  6. You are registering for LOOP Content on behalf of yourself as a natural person, or on behalf of a legal entity, such as a company, for whom you have the legal authority to bind to contract.
  7. You own or are authorized to use all rights to the content to which you submit to or through the Site or to LOOP.
  8. There is no other existing contract or duty that affects You that conflicts with or is inconsistent with this Agreement, nor will you enter into a contract or other commitment that conflicts with or is inconsistent with this Agreement.
  9. You are not in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, LOOP, or You. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, You may not access or use the Site or LOOP Content.

user profiles; user content, and account

  1. User Profile. When You register with the Site, you are establishing your identity for the purposes this Agreement and with respect to access to LOOP Content.  You will be asked to create an Account and provide LOOP with certain information including, without limitation, a valid email address.  Any such information that You submit will be treated in accordance with the Privacy Policy.  You may also have the opportunity to create a User Profile.  Any information for a User Profile submitted by You must be accurate and describe You.  You acknowledge and agree that You are solely responsible for the form, content and accuracy of any User Profile.  LOOP does not represent or guarantee the truthfulness, accuracy, or reliability of any User Profile or derivative works derived therefrom.
  2. User Content. By posting or otherwise submitting or transmitting User Content to Us or the Portal, including your User Profile, You acknowledge and agree that You are solely responsible for the form, content and accuracy of any User Content.  LOOP does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content, derivative works from User Content, or any other materials posted by Users, nor does LOOP endorse any opinions expressed by Users.  LOOP cannot be responsible for maintaining any User Content that You provide to Us, and We may delete or destroy any such User Content at any time.  LOOP claims no ownership or control over any User Content, except to delete or remove it pursuant to the section titled “Terms and Termination.”  You acknowledge that any reliance on material posted by other Users will be at your own risk.
  3. License to Use User Content. You grant to LOOP a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, license, sublicense, sell, resell, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute the User Content, and to prepare derivative works of, or incorporate into other works such User Content in connection with the marketing and promotion of LOOP or for any other purpose, in LOOP’s discretion.  This license shall survive in perpetuity and shall not be negated by any termination of this Agreement.

ownership and use of loop content

  1. Ownership of LOOP Content. You agree and acknowledge that LOOP Content is the sole and exclusive property of LOOP, and that all copyright and intellectual property rights in and to LOOP Content are, and shall remain, the sole and exclusive property of LOOP.
  2. Limited License to Use LOOP Content. Subject to the terms and conditions of this Agreement, LOOP agrees to grant You a non-exclusive, non-transferable license to access and use LOOP Content during the Term.
  3. Limitations on Use.
    1. You shall have no right to sell, resell, license, sublicense, transfer or otherwise make available to any other person or entity LOOP Content or any portion thereof.
    2. You agree not to post, use, or store LOOP Content or any portion thereof on any website or shared directory, or in any networked computer environment where LOOP Content may be accessed by any person who is not an authorized User under this Agreement.
  • You agree not to copy, distribute, display, disseminate, or otherwise reproduce LOOP Content or any information or content about, related to, or derived from LOOP Content, Products, or the Site (including but not limited to the Site content, design, text, graphics and interfaces) without receiving LOOP’s prior written permission.
  1. You agree not to make any illegal or unauthorized use of LOOP Content or any portion thereof. You understand and agree that You are solely responsible, at your own expense, for complying with any restrictions and requirements created by applicable law.  You may use LOOP Content only for purposes expressly permitted by LOOP.  You may not use LOOP Content for any other purpose.
  2. You agree not to use the Site or LOOP Content in any commercial product or service, without LOOP’s express prior written consent.
  3. You shall not engage in any form of scraping, data extraction or data mining with respect to LOOP Content or the Site (including but not limited to the Site content, design, text, graphics and interfaces), or encourage others to do so, without prior written permission of an authorized officer of LOOP.
  • The trademarks displayed on the Site or LOOP Content are registered and unregistered trademarks of LOOP or are licensed to LOOP by a third party and may not be used in violation of applicable rights. Nothing contained on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of the applicable rights holder.  Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent.
  • You may not make any public announcements, press releases, advertising, marketing, promotional or other materials (whether in print, electronically or otherwise) that display or use any name, mark, logo or brand of LOOP without the prior written consent of LOOP.
  1. You agree not to use the Site or LOOP Content to establish, advance, or otherwise add to a business, service, or other venture (whether for profit or not for profit) that competes in any way with the business of, or services or Products offered by, LOOP.
  2. You agree not to use the Site or LOOP Content to infringe the intellectual property rights of others in any way.
  3. You may not (and may not authorize any other party to) co-brand or frame the Site or LOOP Content, without the express prior written permission of an authorized representative of LOOP. For purposes of this Agreement, “co-branding” means to display, whether by hyperlink or otherwise, a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give the impression that such other party has the right to display, publish, or distribute the Site or LOOP Content.  You agree to cooperate with LOOP in causing any unauthorized co- branding or framing immediately to cease.
  • You agree that this section goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
  1. Authorized Uses. Without limiting the User’s full authorized enjoyment of our LOOP Content, nor affecting the generality of any other restrictions, LOOP authorizes the following limited uses:
    1. You may use LOOP Content for your internal, bona fide business purposes.
    2. You may share LOOP Content within your organization, provided that they do not share LOOP Content with anyone else and you acknowledge that you will be legally responsible for their use of LOOP Content.
  • You may share LOOP Content with family members who share the same postal address, provided that they do not share LOOP Content with anyone else and you acknowledge that you will be legally responsible for their use of LOOP Content.
  1. Revocation of Consent. LOOP shall have the right, in its sole discretion, to revoke our consent for You to access and use the Site, the LOOP Content, or any other permission granted to you under this Agreement, at any time.  In the event of such revocation, You agree to immediately cease your reference to and use of the Site and LOOP Content, and, if We so request, take immediate action to remove any usage of LOOP Content that you may have engaged in, even if it would cause a loss to You.  You further agree to, within three (3) days following termination, destroy or return to LOOP, at LOOP’s option, all copies (whether electronic or hard copy) of LOOP Content.  Revocation of your license to access and use LOOP Content shall not negate any term or condition of this Agreement.

rules of use

Violations of system or network security may result in civil and/or criminal liability.  LOOP may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.  By way of example, and not as a limitation, You agree not to use the Site or Products to:

  1. Violate the laws of the United States, its states, or any political entity having jurisdiction over this Agreement, whether or not the political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  2. Transmit, post, distribute, store or destroy material, including without limitation LOOP Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of this Agreement.
  3. Harass, incite harassment or advocate harassment of any group, company, or individual.
  4. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  5. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Site, Product, or Users’ computers.
  6. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
  7. Use any device to navigate or search LOOP Content other than the tools available on the Site, generally available third-party web browsers, or other tools approved by LOOP.
  8. Use any data mining, robots or similar data gathering or extraction methods.
  9. Violate or attempt to violate the security of LOOP Content including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  10. Reverse engineer or decompile any parts of the Site or LOOP Content.
  11. Frame or link to any LOOP Content or information available from the Site, unless expressly permitted by LOOP.
  12. Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by this Agreement, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media.
  13. Post any User Content or create a User Profile on behalf of another natural person or entity for whom You are not authorized to represent or bind to contract.
  14. Share with any third party any login credentials to the Site.
  15. Access data not intended for You or log into a server or Account which You are not authorized to access.
  16. Post or submit to the Site any incomplete, false or inaccurate information or information that is not your own.
  17. Post content that contains restricted or password-only access pages, or hidden pages or images.
  18. Solicit passwords or personally identifiable information from other Users.
  19. Delete or alter any material posted by any other person or entity.
  20. Attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing.”
  21. Promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protected devices, or providing or making available pirated music or other media or links to pirated music or other media files.
  22. Create any User Content or User Profile that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined LOOP in its sole discretion.
  23. Do anything else which could bring LOOP into disrepute or violate the rights of any person.

term and termination

  1. The Term will commence once you agree to this Agreement in the manner described in the above section entitled “Acceptance of Agreement.”  This Agreement will remain in full force and effect while You are a User of the Site and until terminated in accordance with this section.
  2. LOOP, in its sole discretion, may terminate, delete, or suspend User Accounts at any time for any reason or for no reason, without prior notice.  Our liability for refunding You, if You have paid anything to us, will be limited to the amount You paid for Products which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case You agree that We are not required to provide any refund or other compensation whatsoever.  LOOP reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Site and immediate termination of your registration with or ability to access LOOP Content, upon any breach by You of this Agreement, for any other use of the services or the Site or Products that LOOP, at its sole discretion, deems improper, or if LOOP is unable to verify or authenticate any information You submit when registering for the Site.  You acknowledge that if You cancel your Account or your Account is terminated by LOOP for any reason, all your Account information, User Profile and User Content may be deleted by LOOP and may be removed from any public area of the Site.  Information may continue to be available for some period of time because of delays in propagating such deletion through LOOP’s web servers.  In addition, third parties may retain saved copies of your information.
  3. Survival upon Termination. The termination of this Agreement for any reason or no reason at all shall not negate any term or condition contained herein, including but not limited to the ownership provisions, intellectual property provisions, nondisclosure obligations, notification of copyright infringement provisions, warranty disclaimers, limitations on liability, and indemnity requirements.

availability of loop content

You agree that LOOP Content may be unavailable at times.  Reasons for such unavailability may be related to security, technical, or legal issues.  You agree that LOOP is not required to inform you of any such periods of unavailability even if anticipated or planned by LOOP.  Without limitation on the generality of the foregoing, LOOP shall generally attempt to inform its Users of such planned or anticipated periods of unavailability prior to their occurrence unless there is good reason not to do so.

access to the site

LOOP reserves the right to modify or discontinue any Products or LOOP Content, as well as your access to the Site, with or without notice to You.  You acknowledge and accept that LOOP does not guarantee continuous uninterrupted service or access to the Site or Products, and operation of the Site or Products may be interfered with or adversely affected by numerous factors or circumstances outside of LOOP’s control.  All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and LOOP does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.

noninterference with business

By using the Site and accepting this Agreement, You agree not to engage in any employment or business activity that is competitive in any way with the Products We provide. You further agree not to solicit, attempt to solicit, or induce, either directly or through others, any employee, independent contractor or consultant of LOOP to terminate or breach an employment, contractual, or other relationship with LOOP in order to become an employee, consultant or independent contractor to or for You or any other person or entity.

notification of copyright infringement

If You believe that your copyrighted work has been uploaded, posted or copied to the Site and is accessible on the Site in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to LOOP’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

 

  1. Your address, telephone number, and email address;
  2. A list of each copyrighted work that You claim has been infringed and a description that is sufficient to allow LOOP to identify the specific material;
  3. A description of where the alleged infringing material is located, sufficient to allow LOOP to locate the material;
  4. A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, or its authorized agent;
  5. An electronic or physical signature by You, as the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by You, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement can be reached at Attn: Legal Department, Copyright Agent, info@LotsOfOnlinePeople.com.

disclaimer of warranties

ALL OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE, INCLUDING TEXT, GRAPHICS, DOWNLOADS, INFORMATION, ACCESS TO THE SERVER, LINKS OR OTHER ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LOOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SITE, LOOP CONTENT, OR ANY SERVICES OR INFORMATION PROVIDED IN TERMS OF ITS AVAILABILITY, ACCURACY, ADEQUACY, CORRECTNESS, PRECISION, USEFULNESS, TIMELINESS, COMPLETENESS, THOROUGHNESS, RELIABILITY OR OTHERWISE.  LOOP EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED THEREIN, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, ACCESS TO OR USE OF THE SITE, OR YOUR DOWNLOADING OF ANY LOOP CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS (WHETHER ISSUED OR PENDING), AND FREEDOM FROM DEFECT, COMPUTER VIRUS OR OTHER ERROR, IS GIVEN IN CONJUNCTION WITH ANY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED BY LOOP.  WE MAKE NO WARRANTY THAT THE SITE OR THE LOOP CONTENT THEREON WILL MEET YOUR REQUIREMENTS.  THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.

 

THE LOOP CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LOOP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.  YOU, AND NOT LOOP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR LOOP CONTENT.  LOOP MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR LOOP CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of THIS AGREEMENT, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.

 

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

limitation of liability, generally

In no event shall LOOP, its directors, officers, employees, agents, suppliers, licensors, attorneys, consultants, or any third parties be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits or goodwill, lost business, lost employment opportunity, business interruption, loss of revenue or loss of use, any other losses or expenses arising out of or related to this Agreement, the Site, LOOP Content, Products, any information received from this Site, any email distributed to any User from the Site, any linked website or use thereof or inability to use by any party, or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, however such damages are caused and under any theory of liability, and even if LOOP, or representatives thereof, had advance notice or were advised of the possibility of such damages, losses or expenses in advance.  In no event shall LOOP, its directors, officers, employees, agents, suppliers, licensors, attorneys or any third parties appearing on the Site be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any User or other person or entity on or through the Site.  LOOP’S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE LOOP CONTENT, THE PRODUCTS, AND ANY INFORMATION PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED $500.00.

no liability for links to other sites

The Site may contain links to websites controlled, maintained, related to or offered by third parties.  You acknowledge that LOOP is not responsible for the availability of, or the content located on or through any such third-party website.  LOOP has not reviewed any or all of such sites and is not responsible for the content of those sites.  LOOP makes no representations about and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to the Site.  By providing such links, LOOP does not endorse or recommend any products or services offered or information contained therein, nor is LOOP liable for any failure of products or services offered or advertised at those websites.  If You decide to access such linked third-party websites, You do so at your own risk.  Your use of third-party sites is subject to the terms of use and privacy policies of each such site, and We are not responsible for anything contained therein.  You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding the content on those sites.  The inclusion of any link to a website controlled by a third-party does not necessarily imply endorsement by LOOP of that site.

limitation of liability for termination of account

In the event of termination for violation of this Agreement, You acknowledge and agree that LOOP will provide You with no refund.  If LOOP terminates your account for any other reason, without limiting the full effect of any other provision that limits liability in this Agreement, LOOP’s liability for termination of the account shall be limited to the amount You paid for LOOP Content for which you have paid but have not yet received.

indemnification

You agree to indemnify, defend and hold harmless LOOP and LOOP’s affiliates and subsidiaries, and all of their respective shareholders, members, directors, officers, employees, business partners, representatives, consultants, attorneys and agents from and against any and all third party claims, suits, causes of action (whether known or unknown), proceedings, losses, damages, liabilities, judgments, penalties, fines, costs, demands and expenses including reasonable attorneys’ fees and costs, related to or arising from your (i) use of the Site or LOOP Content; (ii) Your creation or use of User Content; (iii) any breach of any obligation under, or violation of, this Agreement by You, your consultants, employees, agents, and/or affiliates; (vi) any alleged or actual violation of any applicable law by You, your consultants, employees, agents, and/or affiliates; (vii) any allegation of infringement by You, your consultants, employees, agents, and/or affiliates, or any other User using your computer or Account, of any intellectual property or any other right of any person or entity; or (viii) any negligence, gross negligence, or intentional misconduct by You, your consultants, employees, agents, and/or affiliates, or any other User using your computer or Account in connection with this Agreement.

 

You also agree that you have a duty to defend Us against such claims and We may require you to pay for an attorney(s) of our choice in such cases.  LOOP shall provide notice to You promptly of any such claim, suit or proceeding, and LOOP reserves the right and shall have the option to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate fully with LOOP’s defense of such claim.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this section, We may elect to settle with the party/parties making the claim, and You shall be liable for the damages as though We had proceeded with a trial.  Your indemnification and defense obligations hereunder shall extend to claims occurring after this Agreement is terminated, as well as while it is in force, and shall continue until any such claims are finally adjudicated or barred by applicable laws.

legal and equitable remedies

Because LOOP’s obligations under this Agreement are unique and because You may have access to and become acquainted with the Confidential Information of LOOP, You acknowledge that damages alone would not be an adequate remedy for the breach of any of the provisions of this agreement. Accordingly, without prejudice to any other rights and remedies it may have, the LOOP shall be entitled to the granting of equitable relief (including without limitation injunctive relief) concerning any threatened or actual breach of any of the provisions of this agreement.

availability outside the u.s.

LOOP makes no claims that the Site may be lawfully viewed or accessed outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If You access the Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  If You access the Site from outside of the United States, You acknowledge that any personal information You provide will be processed in the United States and You hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement.

california users and residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about LOOP should be sent to the following:

 

Lots of Online People, LLC

Attn: Legal Department

1250 Eye Street, NW, Suite 200

Washington, DC 20005

info@LotsOfOnlinePeople.com.

 

California users are also entitled to the following specific consumer rights notice:  The Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

general provisions

  1. Assignment of Rights. You may not assign, transfer, or resell your rights and/or obligations under this Agreement to any other person or entity without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other person or entity at our discretion.
  2. Nothing in this Agreement is intended to or does create any type of joint venture, credit- or-debtor, escrow, partnership, or any employer/employee or fiduciary or franchise relationship between You and LOOP (or any of LOOP’s affiliates).
  3. Entire Agreement. This Agreement is the entire and exclusive agreement between You and LOOP (excluding with respect to any services for which you have a separate written agreement with LOOP, signed by You and an authorized officer of LOOP, that is explicitly in addition to or in place of this Agreement), and this Agreement supersedes and replaces any prior agreements between You and LOOP regarding the Site or LOOP Content.
  4. We may amend this Agreement from time to time.  The most current version of the Agreement can be reviewed by clicking on the “Terms of Use” or “Privacy Policy” hypertext links located at the bottom of our Web pages. Your continued use of the Site or LOOP Content shall constitute your acceptance of any such modifications.  Under no circumstances shall You have the right or ability to amend, modify, supplement or alter in way this Agreement.
  5. Governing Law; Consent to Personal Jurisdiction. This Agreement shall be governed by and construed according to the laws of the State of Delaware, without respect to its conflict of laws principles.  The offer and acceptance of this contract are deemed to have occurred in Delaware.  You agree that any dispute arising from or relating to these this Agreement will be heard solely by a court of competent jurisdiction in the State of Delaware.  You hereby expressly consent to the personal jurisdiction of the courts located in Delaware for any lawsuit filed there against You by LOOP arising from or related to this Agreement and waive any objection to Delaware courts as the proper venue for any such lawsuit.  You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
  6. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect (i) that provision shall be deemed modified to achieve an economic effect that is as near as possible to that provided by the original provision or, if that is not possible, the Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein; and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected.  If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.  If two or more provisions of this Agreement are deemed to conflict with each other’s operation, LOOP shall have the sole right to elect which provision remains in force.
  7. Non-Waiver. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law shall not be construed as our waiver of the right to enforce that same provision or law under the same or different circumstances at any time in the future.  Moreover, our waiver of any breach of this Agreement shall not be a waiver of any preceding or succeeding breach.  We shall not be required to give notice to enforce strict adherence to all terms of this Agreement.  Any remedies stated in this Agreement are cumulative, and not exclusive, of any other remedies available to a party under this Agreement or at law or equity.
  8. Force Majeure. You agree that We are not responsible to You for anything that We may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
  9. Language. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
  10. Language. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.