Terms Of Service
Last Update: July 1, 2020
- PLEASE READ THESE TERMS OF SERVICE (“TERMS”) 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 THIS WEBSITE OR SERVICES 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.
1) THE SERVICES
- Description of Services. Loop & Tie provides a proprietary gifting platform (the “ Platform ”), and certain related products and services accessed through the Site (collectively, the “ Services ”). Subject to these Terms, (i) an individual user (“Individual User”) may send a gift link (“LTGL”) to whomever it may choose (each such person, a “ Recipient ”), or (ii) a corporate user (“Corporate User,” together with Individual User, each a “User”) may send a promotional gift link (“PGL”, together with “LTGL”, a “Gift Link”) to a Recipient and following receipt of the Gift Link sent by a User, the Recipient may redeem that link to receive their Loop & Tie Gift or Promotional Gift (each, a “ Gift ”) 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.
- License to Use the Platform. Subject to the terms and conditions of this Agreement, You are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Platform to send Loop & Tie Gifts if you are an Individual User or Promotional Gifts if you are a Corporate User to Recipients. Loop & Tie reserves all rights not expressly granted herein in the Platform and the Services. Loop & Tie may terminate this license at any time for any reason or no reason.
- Additional Services. In addition, Loop & Tie may offer certain enhanced products and features, which may include without limitation, a subscription plan, access to premium data and analytics, marketing tools, etc. (“ Paid Services ”) which You will be able to access for payment of the applicable subscription or other fees set forth on the pricing page on the Site (the “ Pricing Page ”). If you elect to access any Paid Services, You agree to any additional terms applicable to such products and services and to pay the then current fees set forth on the Pricing Page in accordance with the pricing terms set forth herein.
- Modifications to Service. Loop & Tie reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part or feature thereof, including without limitation any Paid Services) with or without notice. Without limiting the generality of the forgoing, Loop & Tie may change its pricing at any time or add new fees and charges at any time in its sole discretion, but will provide notice to You of these changes via information posted on the Site. You agree that Loop & Tie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Goods. Loop & Tie selects the goods that comprise the Gifts included in each Gift Collection and reserves the right to make changes or substitutions to the Gifts included in any Gift Collection in our sole discretion and without notice to You. Loop & Tie does not guarantee any specific Gift will be available at any time and does not provide refunds for Gifts that may be unavailable at the time of redemption.
- Alcohol Products. Loop & Tie does offer some Gifts 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.
2) USER ACCOUNTS
- User Account. In order to use the Platform to send Gifts to Recipients, You must create a user account with Loop & Tie (“ User Account ”). 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. Loop & Tie allows for two different types of User Accounts, Corporate and Individual User Accounts. Corporate User Accounts are established by business entities purchasing bulk Promotional Gifts to send to Recipients. Individual User Accounts are established by persons purchasing Loop & Tie Gifts to send to Recipients. Different terms and conditions may apply to Your purchase depending on your User Account. Please review these Terms to fully understand the terms and conditions that may apply to Your specific purchase and your specific Account.
- Corporate User Accounts. Corporate Users must create and use a valid Corporate User Account. To create a valid Corporate User Account Corporate Users are required to provide the following information:
1) Corporate Phone Number
2) Corporate Website
3) Corporate Mailing Address
4) Email Address of individual creating account (will be used as a unique identifier for your Corporate User Account).
Corporate User Accounts must be created by an individual with authority to act on behalf of the entity for which the account is being established. Approval of Corporate Accounts for bulk orders and the terms of such orders is at the sole discretion of Loop & Tie. Corporate User Accounts may be subject to additional terms and conditions to be contained in a platform agreement and order form(s) (the “ Platform Agreement ”) that may be entered into between Loop & Tie and such Corporate User. The terms set forth in this Terms of Service shall be incorporated therein and included by reference, provided however that in the event of a conflict, the terms set forth in the most recent order form accompanying the Platform Agreement (“ Order Form ”), then the Platform Agreement, then these Terms shall govern in that order. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT OPEN A CORPORATE USER ACCOUNT AND MAY NOT USE THE SERVICES AS A CORPORATE USER.
- Individual User Accounts. Individual Users must create and use a valid Individual User Account. To create a valid Individual User Account, You must be a United States resident, be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity), and provide the following:
3) Email Address (will be used as a unique identifier for your Account),
- Suspension or Deactivation of Accounts. Except as required by law, we may, without notice or without liability to You, in our sole discretion, suspend or deactivate your Account, or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including but not necessarily limited to the following circumstances:
1) If we have determined, You directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
2) If You provide any incomplete, incorrect or false information to us;
3) If You attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
4) If we determine 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 of payment is declined or your payment is blocked or reversed for any reason;
5) If You have breached any portion of these Terms;
6) If we determine that your Account is inactive; i.e. if a gift has not been sent from your Account in the preceding twelve (12) months;
7) 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.
- Account Security. You are responsible for maintaining the confidentiality of Your User 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. By agreeing to these Terms 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. 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.
3) BILLING AND PAYMENTS
- L & T Credits. All Gifts are paid for by You with L & T Credits, the currency used on the Site (“ L & T Credits ”). L & T Credits are purchased in packages at the prices set forth on the Pricing Page either a la carte or as part of a subscription, and paid for in accordance with the payment terms set forth herein. All L & T Credits are automatically debited when You send Gift Links to Recipients to redeem Gifts or are saved in Your User Account to be debited when you send additional Gift Links. L&T Credits are not refundable, transferrable, or exchangeable. L&T Credits can only be used on the Platform to purchase Gifts from Loop & Tie that will be sent by Loop & Tie to Recipients who redeem Gift Links and have no other utility. Any L&T Credits associated with Your account do not reflect a cash value or balance of US Dollars or any currency. Unauthorized or fraudulent use, resale, acquisition, or distribution of L&T Credits is prohibited. Loop & Tie may cancel, revoke, or otherwise prevent the issuance of L&T Credits if Loop & Tie suspects any unauthorized or fraudulent use of L&T Credits and/or if Loop & Tie mistakenly credits Customer’s account with L&T Credits. L & T Credits must be used by Corporate Users within twelve (12) months of the date of purchase or Your ability to use the L & T Credits will be forfeited, except as otherwise prohibited by law.
- Account Balance. When You purchase L&T Credits and other Products and Services, the purchase will be deducted from Your Payment Method (as defined below) or placed as a pre-paid account balance (an “ Account Balance ”) in Your User Account which will be drawn against for all Fees owed to Loop & Tie for Products and Services purchased by You. If there is not a sufficient amount of money available in your Account Balance at the time a Recipient redeems a Gift Link sent by You, Loop & Tie may, in its sole discretion (i) refuse to complete the requested Gift send, or (ii) charge Your Payment Method all Fees owed for such Gift. Fees charged are as described on the Pricing Page and are not refundable.
- Fees. By using the Platform to send Gifts, You agree to pay Loop & Tie the following:
1) the amount owed for the purchase of L & T Credits that will be debited when you send a Gift Link or deposited into your Account to be debited when you send additional Gift Links;
2) a processing fee, which includes without limitation, fees for processing, inventory, pick and pack services, shipping and handling, service and Sales Taxes, to be calculated as a percentage of L & T Credits purchased by You for the purchase of Gifts to be sent to Recipients by Loop & Tie (“ Processing Fees ”). As used herein, Sales Taxes means any sales, goods, or any similar tax or fee, including without limitation any taxes, levies, duties or similar governmental assessments of any nature, including without limitation any value-added, sales, use or withholding taxes, assessable by any jurisdiction for Gifts sent to Recipients on Your behalf;
3) any and all fees for damaged or defective goods returned by Recipients, the cost of replacement goods, and any and all reshipping costs, including without limitation Sales Taxes; and
4) fees for the initial subscription term and any renewal subscription term(s) selected by You (“ Subscription Fees ”) and all other fees for Additional Products and Services purchased by You hereunder, as specified on the Pricing Page (together, “ Fees ”).
- Payment. When You create Your User Account, You will provide Loop & Tie with a current, valid, accepted method of payment (“ Payment Method ”) and hereby authorize Loop & Tie to charge such Payment Method all Fees for all Products and Services selected by You. Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated on the Pricing Page. You are responsible for providing complete and accurate billing and contact information to Loop & Tie and notifying Loop & Tie of any changes to such information.
- Change Payment Methods. You may edit your Payment Method information by logging onto our Site and editing it in Your account settings or emailing [email protected]. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, You nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method. This may result in a change to your payment billing dates. If we cannot charge Your account, we reserve the right, but are not obligated, to terminate Your access to our Site or any portion thereof.
- Late Payments. Late payments are subject to interest charges of 1.5% per month or the maximum amount allowed by law, whichever is lower. If any charge owing by You is 30 days or more overdue, (or 10 or more days overdue in the case of amounts You have authorized Loop & Tie to charge to Your Payment Method), Loop & Tie may, without limiting its other rights and remedies, accelerate Your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend Services until such amounts are paid in full, provided that, other than for customers paying by credit card or direct debit whose payment has been declined, Loop & Tie will give You at least 10 days’ prior notice that its account is overdue, before suspending services to You.
- Payment Disputes. Loop & Tie will not exercise its rights under the “Late Payments” or “Suspension or Deactivation of Accounts” section above if Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute.
- Subscription Services. If You elect to purchase a subscription, You authorize us to charge You for Your initial subscription period and a recurring annual Subscription Fee at the then current rate, which may change from time to time as reflected on the Pricing Page. Your first annual subscription cycle (“ Subscription Cycle ”) will be billed immediately. Unless we expressly communicate otherwise or You terminate prior to the end of the then current Subscription Cycle, Your subscription will automatically renew each year and You will be billed on the same date each year. Fees are based on Products and Services purchased at the subscription levels chosen by You and not actual usage. Features purchased cannot be decreased during the relevant Subscription Cycle. If You are a Corporate User and You have purchased a subscription, then (i) L & T Credits purchased as part of that subscription will expire at the end of each Subscription Cycle, meaning that any L & T Credits You don’t use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise, (ii) there will be no refund or payment for any unused L & T Credits, and (iii) when Your Subscription Cycle automatically renews for the next year, You’ll automatically receive Your new allotment of credits.
- Cancellation of Subscription. Unless we communicate otherwise, You may terminate Your subscription at any time before Your subscription renews by going into your account settings and letting us know You would like to cancel or emailing [email protected]. Following any cancellation, You will continue to have access to your subscription and all L & T Credits, Products, Services or features through the end of Your current prepaid Subscription Cycle, provided however that If Your subscription is terminated by us for nonpayment, Your L & T Credits will expire immediately.
- Payment Refunds. Generally, payment obligations are non-cancellable and Fees are nonrefundable unless we specifically communicate otherwise at the time of purchase. WE DO NOT PROVIDE REFUNDS OR MAKE GOODS FOR ANY PRIOR SUBSCRIPTION TERMS OR FOR ANY UNUSED L & T CREDITS, UNSENT GIFTS, OR UNDELIVERABLE OR UNOPENED GIFT LINKS, EXCEPT AS REQUIRED BY LAW.
- Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on Your next annual billing cycle upon notice communicated through a posting on the Site or such other means as we may deem appropriate from time to time, such as email. If You do not cancel your subscription, You will be deemed to have accepted these new fees.
- Cooling Off Period. Please be advised that the applicable provisions in the below sections entitled “Cooling Off Period”, and “Digital Content” only apply to Users located in the UK or EU. A User may cancel a purchase of L & T Credits or other Products and Services hereunder at any time within a 14 day “cooling-off” period starting the day after the date of purchase of any Product or Service hereunder. To cancel a purchase, the User must clearly inform Loop & Tie , preferably (a) by sending an email to [email protected] providing the User’s name, address, and any order reference number, or (b) by completing and mailing a cancellation form. If the User cancels a purchase within the cooling-off period and before using any L & T Credits or other Products, the full purchase of L & T Credits or other Products and Services will be refunded. If the User cancels a purchase of L & T Credits or other Products and Services purchased within the cooling-off period but has already used some of the L & T Credits or other Products or Services, the value of the purchased L & T Credits used will be deducted from any refund due to the User on a pro rata basis. Loop & Tie tracks L & T Credits and other Products and Services used, and Customer Support will advise the amount of refund when contacted. Refunds will be processed as soon as commercially reasonable and, in any case, within 14 days of receipt of the User’s cancellation request. Refunds will be made by the same method originally used to pay for the purchase, unless agreed otherwise.
- Taxes. Loop & Tie is only responsible for paying to the appropriate authorities (i) taxes assessable against it based on its income, property and employees and (ii) Sales Taxes on Gifts sent to Recipients by Loop & Tie. Except as set forth in the preceding sentence, You are responsible for paying all other taxes, including without limitation (i) any Sales Taxes on the Products, Services and L & T Credits purchased by You hereunder, and (iii) any taxes resulting from your use of the Platform. If Loop & Tie has the legal obligation to pay or collect Sales Taxes for which You are responsible under this section, Loop & Tie will deduct such Sales Taxes from Your Account Balance or charge Your Payment Method unless You provide Loop & Tie with a valid tax exemption certificate authorized by the appropriate taxing authority. If any such taxes are required to be withheld, You shall pay an amount to such that the net amount payable to Loop & Tie after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement.
4) TERMS OF SALE
- Corporate Users. After purchasing Promotional Gifts using L&T Credits, Corporate Users send PGLs to Recipients as part of a promotion, loyalty, incentive or award program. Each PGL may be exercised by the Recipient to select and receive (1) specified Gift in the Gift Collection available on the Site. When a Recipient desires to exercise a PGL, such Recipient must visit the Site, select the applicable Gift, and provide a valid shipping address within the continental United States or Canada. The Recipient is responsible for providing accurate and complete delivery information to receive Gifts. Should a selected Gift no longer be available, the Corporate User or Loop & Tie, as the case may be, will attempt to notify the Recipient, at which time the Recipient may choose to receive a substitute Gift. The availability of any specific Gift is not guaranteed. Loop & Tie will make available, restock or eliminate Gifts from the Gift Collections in our sole discretion, without notice to you. Corporate Users may choose the expiration date associated with the PGLs that they send to Recipients, provided however that (i) such expiration date shall be one (1) year from the date that such PGL is sent to Recipient, unless otherwise specified by Corporate User and communicated to Recipient at the time that PGL is sent to Recipient, and (ii) such expiration date must be a date that is no later than the first year anniversary of the date that such Corporate User purchased the PGLs from Loop & Tie. Once a Recipient redeems a PGL sent by a Corporate User, the PGL may not be canceled or used by any other party. PGLs cannot be returned by the Recipient nor refunded to the Corporate User if (i) opened by the Recipient, even if Recipient fails to redeem for a Gift, nor (ii) cancelled by You, (iii) not redeemed by Recipient, (iv) sent to an incorrect email address, (v) the email address bounces, or (vi) the PGL is declined by Recipient, or any variation thereof. Loop & Tie will not credit Corporate User’s account for such declined or unused PGLs, except as required by law. PGLs are not assignable and cannot be used for any purpose or on any Site other than Loop & Tie. PGLs cannot be used in part, and must be used in full to select and receive a Gift that is the same value as the Gift included in the PGL received by Recipient. If a Corporate User has purchased a subscription, then all PGLs sent by Corporate Users to Recipients will be counted towards the total number of PGLs purchased by Corporate Users during the applicable Subscription Cycle, regardless of whether they are (i) opened by the Recipient, even if Recipient fails to redeem for a Gift, (ii) cancelled by You, (iii) not redeemed by Recipient, (iv) sent to an incorrect email address, (v) the email address bounces, or (vi) the PGL is declined by Recipient, or any variation thereof.
- Individual Users. After purchasing Gifts using L & T Credits, Individual Users send LTGLs to Recipients to choose a Gift from a Loop & Tie Gift Collection. Each LTGL may be exercised by the Recipient to select and receive (1) specified Gift in the applicable Gift Collection available on the Site. When a Recipient desires to exercise an LTGL, such Recipient must visit the Site, select the applicable Gift, and provide a valid shipping address within the continental United States or Canada. The Recipient is responsible for providing accurate and complete delivery information to receive Gifts. Should a selected Gift no longer be available, Loop & Tie will attempt to notify the Recipient, at which time the Recipient may choose to receive a substitute Gift. The availability of any specific Gift is not guaranteed. Loop & Tie will make available, restock or eliminate Gifts from the Gift Collections in our sole discretion, without notice to you. Once the Recipient redeems the LTGL sent by an Individual User, it may not be canceled or used by any other party. LTGLs cannot be returned by the Recipient nor refunded to the Individual User if opened by the Recipient, even if Recipient fails to redeem for a Gift. Loop & Tie will not credit Individual User’s account for such declined or unused PGLs, except as required by law. LTGLs are not assignable and cannot be used for any purpose or on any Site other than Loop & Tie. LTGLs cannot be used in part, and must be used in full to select and receive a Gift that is the same value as the Gift included in the LTGL received by Recipient.
- International Gift Collections. Gift Collections are limited to Recipients in the continental United States. If an Individual User would like to send LTGLs to Recipients located outside of the continental United States, please email us at [email protected] and request the ability to send gifts to Recipients outside of the Unites States or Canada. If You are a Corporate User, You must enter into a Platform Agreement with us and elect to send PGLs to Recipients outside of the United States on the applicable Order Form of your Platform Agreement.
- Gift Returns and Refunds. A Gift Link may only be redeemed by a Recipient directly on the Site and cannot be exchanged for cash, in whole or in part, unless required by law. All Gift selections are non-refundable and non-reversible. Gifts may not be returned unless they are deemed defective upon receipt by the Recipient. Any such returns must be coordinated directly with Loop & Tie, but You shall be responsible for any replacement costs and reshipping costs, including without limitation shipping and handling, and Sales Taxes. Loop & Tie disclaims all liability for any act or decision by a Recipient to redeem or refuse to redeem a Gift Link, for any other act or omission of any Recipient, or for any lost, stolen, or misdirected Gift Link to the extent not caused by Loop & Tie. However, You may cancel any Gift Link prior to the Recipient’s redemption thereof. Notwithstanding the foregoing, if You have purchased a subscription, any Gift Links sent by You will be counted towards the total number of LTGLs or PGLs purchased by You pursuant to the subscription tier elected by You and paid for by You, whether the LTGLs or PGLs are received by or redeemed by Recipient, or canceled by You prior to receipt or redemption by Recipient.
- No Liability. Loop & Tie disclaims all liability for any act or decision by a Recipient to exercise or refuse to exercise a Gift Link, for any other act or omission of any Recipient, or for any lost, stolen, or misdirected Gift Link.
5) CONDITIONS OF USE.
- 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, or are a Corporate User, 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, group, or business for which you are authorized to enter into these Terms. 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 protected].
- 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.
- INTELLECTUAL PROPERTY. Loop & Tie reserves all rights in and to the Site and all related intellectual property. “Loop & Tie,” and all associated logos, trademarks or other identifiers displayed within the Site are the sole property of Loop & Tie or its licensors. You acknowledge that, as between you and Loop & Tie, all rights, title and interest, including all copyright, trademark, patent, trade secret and other intellectual property or proprietary rights, related to the Site (including all modifications, improvements, upgrades, and derivative works thereof) belong exclusively to Loop & Tie. You shall honor and comply with any and all contractual, statutory or common law rights of Loop & Tie, as well as any applicable third parties, arising out of or relating to the provision or use of the Site or Services.
- TERMINATION. Loop & Tie, in its sole discretion, may suspend or terminate your Account or use of the Services, remove and discard any Content, for any reason, including, without limitation, for lack of use or if Loop & Tie believes you have violated these Terms, in letter or in spirit. Loop & Tie may also, in its sole discretion, discontinue providing the Services, or any part thereof, with or without notice. You may terminate your Account and use of the Services at any time and for any reason by sending an email to [email protected] and requesting that your Account be closed. If you object to any terms and conditions of the Terms, your only recourse is to cease use of the Services and to terminate your Account. You are invited to contact Loop & Tie and let us know your reasons for terminating your Account. Upon termination, your right to use the Services will immediately end. All provisions of these Terms which, according to their terms or their nature, should survive termination, including, without limitation, provisions with respect to limitation or liability and disclaimer of warranties, shall survive.
- INTERACTIONS WITH THIRD PARTIES. Any websites that are accessible via links embedded in the Site that take you away from the Site are not within Loop & Tie’s control and we are not responsible for the content, products, services, or terms of any linked website. All such websites are subject to the terms, conditions, policies, and procedures of the owner of such website and not these Terms. Accordingly, Loop & Tie hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on any such websites accessible through links on the Site. We encourage you to read the applicable terms and conditions to understand your rights and obligations.
- INDEMNIFICATION AND LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE 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 YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED BY YOU, THE VIOLATION OF THESE TERMS BY YOU, THE INFRINGEMENT BY YOU (OR ANYONE ACCESSING THE SITE USING YOUR 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 YOU MAY EXPERIENCE FROM RECEIVING ANY OF THE GIFTS 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 YOUR 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 YOU MAY EXPERIENCE BY USING OR HANDLING ANY NON-CONSUMABLE PRODUCT ACQUIRED THROUGH THE SERVICES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, 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, INCLUDING 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 YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT LOOP & TIE IS NOT RESPONSIBLE OR LIABLE TO YOU 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 SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR 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 YOU FOR BREACH OF CONTRACT AND FOR ANY AND ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SERVICES, OR THE LOOP & TIE GIFT CHOICES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU 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 YOU.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, SERVICES AND GOODS ARE AT YOUR SOLE RISK AND EXPENSE AND SUBJECT TO THESE TERMS, ANY APPLICABLE LAW, AND ANY ADDITIONAL TERMS AND CONDITIONS IMPOSED BY ANY SUPPLIER OF GOODS. THE SITE, SERVICES AND GOODS 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 OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. LOOP & TIE MAKES NO WARRANTY THAT THE SITE, SERVICES AND GOODS WILL MEET YOUR REQUIREMENTS, THAT SPECIFIC GOODS WILL BE AVAILABLE, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT LOOP & TIE DOES NOT CONTROL CONTENT, INFORMATION OR GOODS OFFERED BY SUPPLIERS, ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SITE. LOOP & TIE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE GOODS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. LOOP & TIE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE USE OF A LTGL OR PGL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE L&T GROUP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER. 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.
- GENERAL TERMS. These Terms constitute the entire agreement between you and Loop & Tie and govern your use of the Services, superseding any prior agreements between you and Loop & Tie with respect to your use of the Site, Services, and your Account. You may also be subject to additional terms and conditions that may apply when you use third party services in conjunction with your use of the Services, and you represent and warrant that you will comply with all such additional terms and conditions. These Terms are governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of laws provisions. Except as provided in the Dispute Resolution by Binding Arbitration and Class Action Waiver section above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Travis County, Texas. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SUCH SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THESE TERMS. Loop & Tie’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Loop & Tie in writing. You and Loop & Tie agree that any lawsuit arising out of or related to these Terms, Your use of the Site or the Services, or with respect to any Gifts, which is brought by You 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 or delay in performing obligations (except for obligations regarding payment of money) set forth in these Terms, and no party shall be deemed in breach of such obligations, if such failure or delay is due to natural disasters or any cause reasonably beyond the control of such party. The provisions of these Terms are solely for the benefit of you 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 Terms. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
- SEVERABILITY. If any provisions of these Terms, 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, 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.
- MODIFICATION OF TERMS. Loop & Tie reserves the right to modify or discontinue all or any portion of the Services with or without notice to you. Loop & Tie shall not be liable to you if we modify or discontinue all or any portion of the Services. Loop & Tie may change the terms and conditions of these Terms at any time in its sole discretion. Your continued use of the Site or the Services subsequent to such modification shall be deemed an acknowledgment and acceptance thereof.
- CONTACT INFORMATION. If you have any questions regarding these Terms and/or the Site, please contact Loop & Tie at [email protected].