The fine print when using Loop & Tie
We have tried to draft the terms and conditions of these Terms of Service (these “Terms of Service”) to be readable, but should you have any questions or concerns or if you would simply like to better understand how we do things at Loop & Tie, please do not hesitate to contact us.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Services (as defined below) offered by NOOM, Inc. d/b/a Loop & Tie (“Loop & Tie”) at www.loopandtie.com (either through a web site, a web widget, an application for a third-party web site or service, any mobile application, or any other similar platform, whether owned, controlled, operated or offered by Loop & Tie (collectively, the “Site”) are provided to parties registering with and using the Services (each such person, a “User” and collectively, the “Users”), whether such User (a “Purchaser”) is purchasing L&T Dollars (as defined below), using L&T Dollars to select and send Loop & Tie Gift Choices (as defined below) or such User (a “Recipient”) has received a Loop & Tie Gift Choice (as defined below), under these Terms of Service and any additional operating rules or policies that may be published by Loop & Tie on the Site. These Terms of Service are legally binding between each User and Loop & Tie, they comprise the entire agreement between each User and Loop & Tie and they supersede all prior agreements, arrangements or understandings between each User and Loop & Tie regarding the subject matter contained herein. BY ACCESSING THE SITE, COMPLETING THE REGISTRATION PROCESS, PURCHASING L&T DOLLARS, OR SELECTING OR REDEEMING A LOOP & TIE GIFT CHOICE, EACH USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
2. PROHIBITED SERVICES
Use of the Services is void where prohibited and by using the Services, each User represents and warrants that such User has the right, authority, and capacity to enter into these Terms of Service and to abide by all the terms and conditions herein. Each User must be at least 18 years of age (or have reached the age of majority if that is not 18 years of age where such User lives) to use the Services, provided, however, that certain gifts may require the Purchaser and/or the Recipient to be a certain age in order to use the Services or redeem an LTGC (as defined below). Each User swears and affirms that he or she is over the age of 21 if such User is selecting or redeeming an LTGC for any Goods (as defined below) which contains alcohol (an “Alcohol Product”). Loop & Tie reserves the right to prosecute to the fullest extent of the law: any attempt by any User to misconstrue his or her age, either directly or indirectly; or any attempt to use the Site or the Services to provide an Alcohol Product to a person under the age of 21. Selection by a Purchaser, and redemption by a Recipient, of any Alcohol Products is subject to all applicable laws.
Users may register on the Site to (i) select an electronic gift (a “Loop & Tie Gift Choice” or “LTGC”), (ii) redeem an LTGC or (iii) view and edit their account (“Account”). In order to register with Loop & Tie, Users may be required to provide, among other information, Facebook account validation, a valid email address (which will be used as a unique identifier for User’s Account), a valid phone number and create a password, as appropriate. Purchaser and Recipient are solely responsible for determining if redemption of an LTGC is appropriate, and Loop & Tie accepts no liability for any such redemption, the refusal to redeem an LTGC, for the acts or omissions of any Recipient prior to or following redemption of an LTGC, or for lost or stolen LTGCs.
4. DESCRIPTION OF SERVICE
The Site allows Purchasers to purchase L&T Dollars and to use such L&T Dollars to select LTGC for a Recipient, such as a friend, colleague, family member or other acquaintance, in various denominations specified on the Site (such denominations, “Gift Collections”) and each such LTGC can then be redeemed by the Recipient for the products or services (the “Goods”) offered on the Site in such Gift Collections, which shall then be shipped by Loop & Tie, or a third party on behalf of Loop & Tie, to the Recipient (collectively, the “Services”). Such prices are subject to change at any time, with or without notice. All applicable sales taxes (computed to the nearest cent) are included in the total of each order.GOODS
A list of available Goods is provided on the Site and may vary by Gift Collection. Loop & Tie reserves the right to make changes in the list of Goods in any Gift Collection, at any time, with or without notice, and does not guarantee that specific Goods will be available at all times. Loop & Tie has the right to place additional restrictions on LTGCs, including without limitation, the Goods for which an LTGC can be redeemed, the quantities of LTGC’s that may be redeemed at any given time, and any stipulations with respect to the shipment of any Goods.TERMS OF SALE
Each LTGC is valid for the redemption of one (1) specified Good in the applicable Gift Collection. Unless additional transactions take place, LTGCs are redeemable only in the Gift Collection for which they were selected, as specified on the Site. Purchaser will be required to provide a valid email address or mobile phone number for the Recipient. The Recipient must have a web-enabled computer or mobile device capable of loading and running the Site and must also be able to receive email, text messages and/or Facebook notifications (standard text messaging and/or data rates will apply where applicable). When a Recipient desires to redeem an LTGC, such Recipient must visit the Site, select the applicable Goods, and provide a valid shipping address within the 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 and Tie will attempt to notify the recipient, at which time the Recipient may choose to receive a substitute Good. Once the Recipient redeems the LTGC, it will not be available for any further use. Purchaser represents and warrants that it has the right to provide all information to Loop & Tie necessary to order and provide the LTGC or otherwise use the Services. If a Recipient declines an LTGC, an LTGC is bounced, of if the LTGC is cancelled because the Recipient fails to redeem the LTGC, in each case, within 1 year after receipt of the LTGC, L&T Dollars correlating to the price of such LTGC will be deposited back into the Purchaser’s Account.REFUNDS AND RETURNS
An LTGC is only redeemable by a Recipient directly on the Site and cannot be redeemed for cash, in whole or in part, unless required by law. All selections for LTGCs are non-refundable and non-reversable. Additionally, LTGCs cannot be returned or exchanged for L&T Dollars. However, Loop & Tie may, in its sole discretion, cancel any order and refund any amounts paid. Goods may not be returned unless they are deemed defective upon receipt by the Recipient. Any such returns must be coordinated directly with Loop & Tie.
5. L&T Dollars.
Users may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use L&T Dollars. “L&T Dollars” are a form of Loop & Tie currency that may be applied as a credit only towards the selection of LTGCs. L&T Dollars do not have a cash value and so they are not refundable for cash, except where required by applicable law. Resale of L&T Dollars is strictly prohibited. L&T Dollars are issued in U.S. dollars. L&T Dollars cannot be exchanged for cash or deposited into a bank account and cannot be used to purchase other L&T Dollars. Users may only purchase L&T Dollars from Loop & Tie through the Site and not in any other way, unless explicitly approved by Loop & Tie. Regardless of the terminology used, L&T Dollars represent a limited license right governed by these Terms of Service. Except as otherwise prohibited by applicable law, L&T Dollars obtained by a User are licensed to the User, and each User hereby acknowledges that no title or ownership in or to L&T Dollars is being transferred or assigned hereunder. These Terms of Service should not be construed as a sale of any rights in L&T Dollars. Any L&T Dollars balance shown in a Purchaser’s Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of the User’s license. L&T Dollars do not incur fees for non-use; provided, however, that the license granted hereunder to Users shall terminate, or be altered, in connection with the expiration of purchased L&T Dollars. Additionally, the license granted hereunder will terminate when Loop & Tie ceases providing the Services or when User’s Account is otherwise terminated.
Users may not sell or otherwise distribute access to L&T Dollars to any other person or entity. L&T Dollars cannot be combined, co-mingled or otherwise merged with L&T Dollars in any other Account whether registered to a specific User or not. Unauthorized or fraudulent use, resale, acquisition or distribution of L&T Dollars is prohibited. Loop & Tie may cancel, revoke or otherwise prevent the issuance of L&T Dollars if Loop & Tie suspect any unauthorized or fraudulent use and/or if we mistakenly credit a User’s Account with L&T Dollars.TYPES OF L&T DOLLARS
There are two types of L&T Dollars: (1) Paid L&T Dollars, which are purchased or given in exchange for express consideration in certain incremental values; and (2) Promotional L&T Dollars, which are given to certain customers in connection with a specific promotion.EXPIRATION OF L&T DOLLARS
Promotional L&T Dollars expire based on the terms of the particular promotion. Unless the terms of such promotion for Promotional L&T Dollars provides an earlier date of expiration, all L&T Dollars will expire after two (2) years of inactivity with respect to the Purchaser’s Account (except where expiration after two (2) years of such date is prohibited by law, in which case, they will expire at the first legal date or, if not legally permitted to expire, they will not expire at all), regardless of reactivation. Expired L&T Dollars may not be used to select LTGCs. In the event L&T Dollars are returned to a Purchaser’s Account (because the Recipient declines an LTGC, an LTGC is bounced, of because an LTGC is cancelled because the Recipient fails to redeem such LTGC, in each case, within 1 year after receipt of the LTGC,) after the correlating L&T Dollars used to select such LTGC have expired, the term of the L&T Dollars will be renewed for an addition two (2) years.PURCHASE OF L&T DOLLARS
All L&T Dollars are saved in a User’s Account. By submitting an order to purchase L&T Dollars through the Site or through any other method offered by Loop & Tie, Purchaser authorize Loop & Tie or its designated payment processor to charge the credit card account Purchaser specifies for the payment amount. All payments are to be made in U.S. dollars using credit cards with billing addresses in the United States (as indicated by the zip code or country code that User provides when submitting payment). Users are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with such User’s purchase, and Loop & Tie reserves the right to collect such taxes or other fees from User at any time by charging such User’s provided credit card. Loop & Tie reserves the right to terminate a User’s Account for any reason, including credit card processing issues.
6. NO RESALE; CONTENT; NO UNLAWFUL USE.
User’s right to use the Services is personal to such User. User agrees not to resell or make any commercial use of the Services without the express written consent of Loop & Tie.
User is solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively “Content”) that User uploads, posts, publishes or displays (collectively, “Post”) or, emails or otherwise transmits or uses via the Site or pursuant to any of the Services offered thereon. User hereby grants Loop & Tie a perpetual, irrevocable, non-exclusive, sub-licensable, transferable, worldwide royalty-free right and license to use all Content User provides to Loop & Tie 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. User irrevocably waives any so-called moral rights and rights of attribution.
Loop & Tie reserves the right, but does not assume the responsibility, to monitor or review User’s conduct on the Site and/or use of the Services. User’s use of the Site and the Services is subject to all applicable laws and regulations.
User agrees not to use the Site or any of the Services to:
Post, email, transmit Content in any way that, in the sole judgment of Loop & Tie:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful (racially, ethnically or otherwise) or is in any manner objectionable, which determination shall be in the sole judgment of Loop & Tie;
- is contrary to any applicable law or under any contractual or fiduciary obligations of User, Loop & Tie, or any third party;
- infringes on any intellectual property or other proprietary rights of Loop & Tie or any other party;
- constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or use any distribution lists (commercial or otherwise);
- utilizes software viruses, invalid data, viruses, worms, other software agents, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (whether owned by Loop & Tie or any other party); or
- restricts or inhibits any other person from using or enjoying the Services, or which may expose Loop & Tie or its users to any harm or liability of any type;
- “stalk”, harass or otherwise violate the legal rights of others;
- harm any person in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent User’s affiliation with any person or entity;
- manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or pursuant to the use of the Services;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized pursuant to these Terms of Service;
- interfere with or disrupt the Site, the Services or any servers or networks connected therewith, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- utilize any “deep-link”, “page-scrape”, “robot”, “spider”, “bot” or other automatic tool to use or access the Site or the Services in any manner not explicitly agreed to by Loop & Tie
- violate any terms which may be applicable for any particular area of the Services; or intentionally or unintentionally violate any applicable law or regulation;
- use the Site or the Services in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Site or the Services or interfere with any other party's use and enjoyment of the Site or the Service; or
- access or obtain or attempt to access or obtain any materials or information through any means not intentionally made available or provided for through the Services.
Loop & Tie has the right, in its sole discretion, to terminate User’s Account, such User’s ability to utilize the Site and the Services, and to void any applicable LTGC, if Loop & Tie, in its sole discretion, determines that User’s acts or omissions violate any terms or conditions of these Terms of Service.
User is solely responsible for maintaining the confidentiality of User’s password and Account information, and for any and all activities that occur through User’s account. User may change the password or any other Account information once logged in to the Site. User agrees to notify Loop & Tie immediately of any unauthorized use of the Account or any other breach of security known to User, and must promptly inform Loop & Tie of actual or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a User Account or password. User remains liable for any use of the Services through its Account, whether or not authorized by User. In consideration for using the Service, User agrees to: (1) provide certain current, complete, and accurate information about User when prompted to do so by the Site or requested by Loop & Tie, and (2) maintain and update such information as required in order to keep such information current, complete and accurate. If any information provided by User is inaccurate, Loop & Tie reserves the right to terminate User’s Account and the right to use the Site and the Services.
“Loop & Tie”, all Loop & Tie logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Loop & Tie or otherwise, are proprietary to Loop & Tie and may not be used by any User or any other party for any reason other than as expressly permitted by these Terms of Service. All other trademarks not owned by Loop & Tie (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Loop & Tie or its affiliates and neither User, nor any third party shall acquire any ownership rights in such marks, logos or names by using the Site or the Services.
11. INDEMNIFICATION / LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, USER AGREES TO INDEMNIFY AND HOLD LOOP & TIE, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, EQUITY OWNERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “L&T GROUP”), AS APPLICABLE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF USER’S USE OF THE SERVICES, ANY CONTENT PROVIDED BY USER, THE VIOLATION OF THESE TERMS OF SERVICE BY USER, THE INFRINGEMENT BY USER (OR ANY OTHER USER OF THE SERVICE USING USER’S ACCOUNT) OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. THIS INCLUDES, BUT IS NOT LIMITED IN ANY WAY TO, ANY HARM A USER MAY EXPERIENCE FROM RECEIVING ANY OF THE GOODS OFFERED ON THE SITE – WHETHER CONSUMABLE OR NOT. LOOP & TIE IS IN NO WAY RESPONSIBLE FOR INJURY CAUSED AS A RESULT OF ANY GOOD, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FOOD ALLERGY, DEFECT, UNSAFE PRODUCT OR PACKAGING, PRODUCT LIABILITY, INJURIES (INCLUDING DEATH) OR OTHERWISE. IT IS USER’S SOLE RESPONSIBILITY TO CONFIRM GOOD INGREDIENTS OR GOOD COMPONENTS AND ENSURE APPROPRIATE SAFETY MEASURES ARE TAKEN WHEN USING ANY GOODS. SIMILARLY LOOP & TIE IS NOT RESPONSIBLE FOR ANY HARM A USER MAY EXPERIENCE BY USING OR HANDLING ANY NON-CONSUMABLE PRODUCT ACQUIRED THROUGH THE SERVICES. USER AGREES AND UNDERSTAND AND INTENDS THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON USER AND USERS HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS. IN ADDITION, LOOP & TIE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF LOOP & TIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES OR A LOOP & TIE GIFT CHOICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS REDEEMED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH LOOP & TIE OR A THIRD PARTY THROUGH THE USE OF THE SITE OR THE SERVICES OR A LOOP & TIE GIFT CHOICE; OR (IV) UNAUTHORIZED ACCESS TO USER’S ACCOUNT OR ALTERATION OF USER’S ACCOUNT OR DATA. USER SPECIFICALLY AGREES THAT LOOP & TIE IS NOT RESPONSIBLE OR LIABLE TO USER OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE OR THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF USER’S RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. LOOP & TIE’S TOTAL LIABILITY TO USER FOR BREACH OF CONTRACT AND FOR ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING IN CONNECTION WITH THESE TERMS OF SERVICES, THE SITE, SERVICE, OR THE LOOP & TIE GIFT CHOICES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY USER TO LOOP & TIE HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
User may terminate its participation in the Services with or without cause at any time and effective immediately. Likewise, Loop & Tie may terminate the Services or User’s use of the Services with or without cause at any time and effective immediately, in which case all unredeemed LTGCs will be forfeited. Loop & Tie shall not be liable to User or any third party for termination of the Services or termination of User’s use of the Services. Should User object to any terms or conditions of the Terms of Service or any subsequent modifications Loop & Tie makes to the Terms of Service or become dissatisfied with the Services in any way, User’s only recourse is to immediately: (1) discontinue use of the Service; and (2) notify Loop & Tie of User’s termination and, (3) at User’s discretion, notify Loop & Tie of the reasons for User’s termination. Upon termination of User’s participation in the Service, User’s right to use the Services shall cease immediately. All provisions of these Terms of Service which, according to their terms or their nature, should survive termination of any User’s participation, including without limitation provisions with respect to limitation of liability and disclaimer of warranties, shall so survive.
13. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS
Loop & Tie shall not be liable for User’s interactions with any retailers and/or individuals found on or through the Site. Loop & Tie has no obligation to become involved in disputes between Users, or between Users and any third party.
14. LINKS TO THIRD PARTY SITES
Any web sites that are accessible via links included within the Site that take User away from the Site are not under Loop & Tie’s control and Loop & Tie is not responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage Users to read those policies and know their rights under any web site User visits.
15. VIOLATION OF TERMS BY OTHER USERS
Loop & Tie asks that all Users take reasonable action to ensure that all users of the Site or the Services follow the terms of these Terms of Service by reporting any use of the Site or Services, or any reviews, messages or other postings that violate these Terms of Service. To report a violation of these Terms of Service, please email us at email@example.com.
16. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USER’S USE OF THE SITE, SERVICES AND GOODS IS AT USER’S SOLE RISK AND EXPENSE AND IS SUBJECT TO THESE TERMS OF SERVICE (AS MAY BE POSTED OR MODIFIED BY LOOP & TIE FROM TIME TO TIME), ANY APPLICABLE LAW, AND ANY ADDITIONAL TERMS AND CONDITIONS IMPOSED BY ANY SUPPLIER WITH WHOM THE RECIPIENT REDEEMS THE LTGC. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOOP & TIE 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 AND NON-INFRINGEMENT. LOOP & TIE MAKES NO WARRANTY THAT THE GOODS OR THE SERVICES WILL MEET USER’S REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LOOP & TIE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. USER ACKNOWLEDGES THAT LOOP & TIE DOES NOT CONTROL CONTENT, INFORMATION OR GOODS OFFERED BY SUPPLIERS, ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION OR GOODS PROVIDED PURSUANT TO A LICENSE WITH LOOP & TIE FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. LOOP & TIE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR GOODS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO SUPPLIERS, ADVERTISERS AND USERS) THROUGH THE SITE OR SERVICES. LOOP & TIE MAKES NO WARRANTY REGARDING ANY GOODS REDEEMED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE OR THE USE OF AN LTGC. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE L&T GROUP, THROUGH THE SITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17. GENERAL PROVISIONS
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of laws provisions. The exclusive jurisdiction and venue of any action arising out of or related to these Terms of Service will be either the state or federal courts in Austin, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts; provided, however, that Loop & Tie, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to these Terms of Service, use by any User of the Site or the Services, or with respect to any Goods through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. The prevailing party in any action to enforce these Terms of Service shall be entitled to reasonable costs and attorneys’ fees. Loop & Tie’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Loop & Tie in writing. User and Loop & Tie agree that any lawsuit arising out of or related to the these Terms of Service, use by any User of the Site or the Services, or with respect to any Goods, which is brought by a User or any third party, must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. No party shall be liable for failure of or delay in performing obligations (except for obligations regarding payment of money) set forth in these Terms of Service, and no party shall be deemed in breach of such obligations, if such failure or delay is due to natural disasters or any causes reasonably beyond the control of such party. The provisions of these Terms of Service are solely for the benefit of User and Loop & Tie, and, except as specifically provided herein, no third party (including creditors of any party) may seek to enforce, or benefit from, these provisions, or seek redress for any breach or other damage, alleged or proved, under these Term of Service. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
If any provision of these Terms of Service, either in whole or in part, is held to be illegal, invalid, void as against public policy, or unenforceable for any reason under present or future law, such provision shall be fully severable without effect on the remaining provisions, which shall continue in full force and effect and remain legal, valid, effective, and enforceable as if the illegal, invalid, void, or unenforceable provision(s) had never comprised a part of such provision or these Terms of Service, as applicable. In lieu of the illegal, invalid, void, or unenforceable provision, there shall be added a provision as similar in terms and legal effect to the illegal, invalid, void, or unenforceable provision as may be possible and which may be legal, valid, effective and enforceable.
19. MODIFICATIONS TO THE SERVICES AND TO TERMS OF SERVICE
Loop & Tie reserves the right to modify or discontinue all or any portion of the Services with or without notice to User. Loop & Tie shall not be liable to User if Loop & Tie modifies or discontinues all or any portion of the Services. Loop & Tie may change the terms and conditions of the Terms of Services at any time in its sole discretion. User’s continued use of the Site or the Services subsequent to such modification to the Terms of Service shall be deemed an acknowledgement and acceptance by User thereof.UPDATES TO TERMS OF SERVICE
October 28, 2015: Loop & Tie updated the “Content; No Unlawful Use”, “Indemnification” and “Modification to the Service and to Terms of Service” sections to reflect current practices, and added a “Service Fee” subsection to the “Description of Service” section.