Effective as of November 26, 2018
Except as required by law, we may, without notice or without liability to you, suspend or deactivate your Account (defined below), or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:
You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.
All purchases of LTGCs shall be made through the use of “L&T Dollars,” which are credits to your Account that are either purchased by you from Loop & Tie or provided to you in connection with a promotional offer from Loop & Tie or through a cancellation or refund from time to time.
L&T Dollars are not refundable, transferrable, or exchangeable. L&T Dollars can only be used on the Site to send LTGCs to Recipients and have no other utility. LTGCs are not gift cards. Any L&T Dollars associated with your Account do not reflect a cash value or balance of US Dollars or any currency. L&T Dollars do not expire. Unauthorized or fraudulent use, resale, acquisition, or distribution of L&T Dollars is prohibited. Loop & Tie may cancel, revoke, or otherwise prevent the use of L&T Dollars if Loop & Tie suspects any unauthorized or fraudulent use of L&T Dollars and/or if Loop & Tie mistakenly credits your Account with L&T Dollars.
Each LTGC may be exercised to select and receive (1) specified Good in the applicable Gift Collection. When a Recipient desires to exercise a LTGC, such Recipient must visit the Site, select the applicable Good, and provide a valid shipping address within the continental United States. The Recipient is responsible for providing accurate and complete delivery information to receive Goods. Should a selected Good no longer be available, Loop & Tie will attempt to notify the Recipient, at which time the Recipient may choose to receive a substitute Good. Loop & Tie will make available, restock or eliminate Goods from the Gift Collections in our sole discretion.
Once the Recipient exercises the LTGC, it may not be canceled or used by any other party. If a Recipient declines a LTGC, or if an email containing a LTGC is sent to an invalid email address, L&T Dollars correlating to the price of such LTGC will be credited to the Purchaser’s account. If a LTGC is cancelled by the Purchaser within one (1) year after the LTGC is sent to the Recipient (or such other time period prescribed by applicable law), L&T Dollars correlating to the price of such LTGC will be credited to the Purchaser’s account.
User Conduct. You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively “ Content ”) that you upload, post, publish or display (collectively, “ Post ”) or, email or otherwise transmit or use via the Site or pursuant to any of the Services offered thereon. You hereby grant Loop & Tie a perpetual, irrevocable, non-exclusive, sub-licensable, transferable, worldwide royalty-free right and license to use all Content you Post on the Site or otherwise, for any purpose, including the right to copy, store, modify, distribute, perform, display, reformat, excerpt, translate and create derivative works of such Content, in any media known now or in the future, and to allow others to do the same. You irrevocably waive any so-called moral rights and rights of attribution.
You agree not to use the Site or Services to Post or otherwise transmit Content that is illegal, obscene, hateful, threatening, defamatory, an invasion of privacy, an infringement of intellectual property rights (including publicity rights), violates a contractual or fiduciary right, duty or agreement, constitutes anti-competitive collaboration and/or antitrust violations, or is otherwise injurious to third parties or objectionable, in Loop & Tie’s sole judgment, and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. Loop & Tie reserves the right, but not the obligation, to monitor, edit, and/or remove any Content in its sole discretion. Loop & Tie takes no responsibility and assumes no liability for any Content you Post or otherwise transmit using the Site or the Services or any deletion of or failure to store any Content.
Notwithstanding the right and license granted above, it is understood that by merely permitting your Posts and Content to appear on the Site, Loop & Tie has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Post or Content. You represent that you have all necessary rights to make the Content available to Loop & Tie, and you also acknowledge that such Posts are non-confidential for all purposes and that Loop & Tie has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Post originated; that Loop & Tie will not be liable for any errors or omissions in any Post; and that Loop & Tie cannot guarantee the identity of any other users with whom you may interact in the course of using the Site. Loop & Tie recommends that you do not Post or display any confidential or sensitive information on the Site.
UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SITE, SERVICES, THESE TERMS OR BREACH OF THESE TERMS, INCLUDING STATUTORY CONSUMER CLAIMS (EACH, A “ DISPUTE ”), SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (" AAA ") UNDER ITS COMMERCIAL ARBITRATION RULES AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“ AAA CONSUMER RULES ”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE AT WWW.ADR.ORG . YOU UNDERSTAND THAT ABSENT THIS SECTION 10, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, IF CONTESTED, 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 RULES AND, WHERE APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, WE WILL PAY ALL ARBITRATION FEES AND EXPENSES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE, AT YOUR ELECTION, SUBJECT TO THE DETERMINATION OF THE ARBITRATOR. IF IN PERSON, ANY ARBITRATION HEARING THAT YOU ATTEND SHALL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT OF YOUR RESIDENCE.
RESTRICTIONS. YOU AND WE AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US 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. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.
EXCEPTIONS TO ARBITRATION. YOU AND WE AGREE THAT THE FOLLOWING DISPUTES (AND ONLY THESE DISPUTES) ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING BINDING ARBITRATION AND MAY BE BROUGHT IN ANY COURT HAVING JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: (1) ANY SUIT TO COMPEL ARBITRATION, STAY PROCEEDING PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR; AND (2) ANY SUIT TO SEEK TEMPORARY INJUNCTIVE RELIEF THAT WILL REMAIN IN PLACE ONLY UNTIL AN ARBITRATOR CAN DETERMINE WHETHER THE RELIEF SHOULD BE CONTINUED, MODIFIED OR REMOVED.
SEVERABILITY. YOU AND WE AGREE THAT IF ANY PORTION OF THIS SECTION 10 IS FOUND ILLEGAL OR UNENFORCEABLE, THAT PORTION SHALL BE SEVERED AND THE REMAINDER OF THIS SECTION 10 SHALL BE GIVEN FULL FORCE AND EFFECT.