Terms Of Service
Effective as of November 26, 2018
- PLEASE READ THESE TERMS (DEFINED BELOW) CAREFULLY. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 10 BELOW ENTITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER.”
- BY ACCESSING, USING OR ATTEMPTING TO USE THE SITE OR SERVICES (DEFINED BELOW) IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE OR ANY SERVICES.
- Description of Services. Loop & Tie provides a proprietary gifting platform and certain related services accessed through the Site (collectively, the “ Services ”), through which, subject to these Terms, (i) a user may purchase and send an electronic gift (a “ Loop & Tie Gift Choice ” or “ LTGC ”) to whomever you choose (each such person, a “ Recipient ”), and (ii) following receipt, the Recipient can exercise their Loop & Tie Gift Choice to receive a product a product or service (each, a “ Good ”) from the applicable collection of gift choices we offer (each, a “ Gift Collection ”), which will then be shipped to the Recipient, either by Loop & Tie or a third party. IN ORDER TO USE THE SERVICES, YOU MUST:
- be a United States resident and be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity); and
- have and use a valid Account (see Section 1(d) below for information regarding Account creation).
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:
- if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
- if you provide any incomplete, incorrect or false information to us;
- if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
- if we believe that your use of any method of payment is unauthorized, or if your method of payment does not have sufficient available funds (or credit, as applicable), or that has expired, or if your method pf payment is declined or your payment is blocked or reversed for any reason;
- if you have breached any portion of these Terms;
- if we determine that your Account is inactive;
- if we determine such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law, rule or regulation.
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.
- Goods. Loop & Tie selects the Goods included in each Gift Collection and reserves the right to make changes to the Goods included in any Gift Collection in our sole discretion and without notice to you. Loop & Tie does not guarantee any specific Good will be available at any time.
- User Account. In order to use the Services to send LTGCs (a “ Purchaser ”), you must create a user account with Loop & Tie (“ Account ”) through the Site. In order to create an Account, you may be required to provide, among other information, a valid email address (which will be used as a unique identifier for your Account), a valid phone number and create a password, as appropriate. Loop & Tie may offer you the ability to register and/or log in to the Site using a third party account. Loop & Tie does not control, is not responsible for, does not endorse, and fully disclaims any and all liability associated with your use of such third-party services. You represent and warrant that you will comply with all terms and conditions associated with such third-party services, and agree to defend and hold Loop & Tie, its subsidiaries and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to any such third-party services.
- Account Security. You are responsible for maintaining the confidentiality of your Account credentials and are fully responsible for any and all activities that occur under your Account. You agree to notify Loop & Tie immediately if you know or suspect unauthorized use of your Account or any other security breach you know or suspect, such as loss, theft, unauthorized disclosure or use of your Account or password. Loop & Tie is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords or any unauthorized use of your Account. While Loop & Tie has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Loop & Tie is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site.
- Alcohol Products. Loop & Tie does offer some Goods that contain alcohol (an “ Alcohol Product ”). You must be at least 21 years of age to purchase or receive an Alcohol Product, or use any Site functionality related to Alcohol Products. Loop & Tie reserves the right to prosecute to the fullest extent of the law any attempt by anyone to misconstrue his or her age, either directly or indirectly; and/or any attempt to use the Site or the Services to provide an Alcohol Product to a person under the age of 21. Selection and/or receipt of any Alcohol Products is subject to all applicable laws. Alcohol Products may not be available for shipment to all states.
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.
Terms of Sale.
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.
- International Gift Collections. Gift Collections are limited to Recipients in the continental United States. If you would like to send LTGCs to Recipients located outside of the continental United States, please email us at firstname.lastname@example.org and request access to the International Gift Collections.
- Refunds and Returns. A LTGC may only be exercised by a Recipient directly on the Site and cannot be exchanged for cash, in whole or in part, unless required by law. All LTGC selections are non-reversible. However, Loop & Tie may, at the Purchaser’s request, and prior to the Recipient’s execution of the LTGC, cancel any LTGC and provide a corresponding credit to the Purchaser. 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.
- No Liability. Loop & Tie disclaims all liability for any act or decision by a Recipient to exercise or refuse to exercise a LTGC, for any other act or omission of any Recipient, or for any lost, stolen, or misdirected LTGC.
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.
- No Resale of Services. Unless otherwise agreed to by Loop & Tie, your right to use the Services is personal to you. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, sell, exploit, transfer, or transmit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services.
- Violation of the Terms. If you are using the Site on behalf of an entity or group, you represent that you have the necessary rights, authorization, and authority to enter into these Terms on behalf of such entity or group and references to “you” herein shall also be interpreted to reference the entity or group. Loop & Tie asks that you take reasonable action to ensure that everyone using the Site and the Services follows these Terms by reporting any use of the Site or Services, or any Posted Content that violate these Terms. If you have such a violation to report, please email us at email@example.com .
- Restrictions . You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Sites, or any portion of the Site including (a) use any "deep link, “page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (b) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Loop & Tie server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (d) reverse look-up, trace, or seek to trace any information on another user of or visitor to the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Loop & Tie's systems or networks or any systems or networks connected to the Site, (f) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Loop & Tie on or through the Site, or (h) use the Site in an unlawful manner.
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.