Terms of Use of Internet Site, Copyright &
Trademark, Purchase of Products & Services
By accessing any areas of this Internet
site or by ordering any product or service through the use of this
Internet site, User agrees with LOC Global that User is bound by the
terms set forth below. The terms of this agreement include terms on
use of this Internet site, terms on the purchase of products and
services, and terms regarding copyright and trademark matters.
"LOC Global" means (1) entities
controlled by, under common control with or controlling LOC Global,
(2) any contractual affiliate of the entities in (1) above that are
authorized to use the LOC Global brand name and which either sell
logistics services or manage a portion of the LOC Global logistics
network, and (3) any entity which is a member of the LOC Global
Network as defined from time to time by LOC Global.
1.
Access To and From Website
Transmissions and communications to and from
this Website, even if done with the use of a secure Internet browser,
may be read or intercepted by third parties. Each user of this Website
agrees that LOC Global will not be held liable should such
interception occur. All information submitted to LOC Global via this
Website shall be and remain the property of LOC Global and LOC Global
shall be free to use, for any purpose, any ideas, concepts, know- how
or techniques contained in information a user to this Website
provides.
2. Use of
Website Contents
All information, documents and materials posted
in this Website are solely for the internal use of LOC Global users
and may not be resold, republished, or copied (for other than internal
use), without the prior written consent of LOC Global. In addition,
all information, documents and materials posted in this Website are
subject to change. All products and services described in this Website
are subject to the terms of the applicable agreements, are only
offered in jurisdictions where they may be legally offered for sale
and not all products and services are available in all geographic
areas. A particular Website user's eligibility for particular products
and services is subject to final LOC Global approval.
The World's Logistics Operations Center, LOC
Global, the LOC Global logo, Rent-a-LOC, LOC1, LOC2, LOC Extranet, LOC
University, LOC Certified Manager, LOC Career Certified
Manager, LOC Certified Consultant, LOC Career Certified Consultant,
LOC Partner, LOC Premier Partner, LOC Strategic Partner, MyLOC, and
LOC Global Tools for Teams, are
trademarks of LOC Global. Tri-Level View and 3LV are trademarks of
Damon Schechter. Other product names are trademarks or registered
trademarks of their respective owners.
3. Links to
Other Websites
LOC Global may establish links between this
Website and other websites operated by unaffiliated third parties. LOC
Global has no control over any other such websites or the contents
therein and the existence of any such link shall not constitute an
endorsement by LOC Global of such websites, or the contents or
operators thereof.
4.
No Warranties,
Limitation of Liability
The contents, information and materials
contained in this website, including text, graphics, links or other
items are provided "as is" and "as available." LOC Global does not
warrant the accuracy, adequacy or completeness of this information and
expressly disclaims liability for errors or omissions in this
information and materials. No warranty of any kind, implied, express
or statutory, including but not limited to the warranties of
non-infringement of third party rights, title, merchantability,
fitness for a particular purpose, freedom from computer virus, or year
2000 compatibility, is given in conjunction with the information.
In no event will LOC Global be liable for any
damages, including without limitation, direct or indirect, special,
incidental, punitive, or consequential damages, losses or expenses
arising in connection with this website or use thereof or the
inability to use by any party, or in connection with any failure or
performance, error, omission, interruption, defect, delay in operation
or transmission, computer virus or line or system failure, even if LOC
Global, or representatives thereof, are advised of the possibility of
such damages, losses or expenses. The access by any user to any
hyperlinks to other internet resources are at the user's own risk and
the content, accuracy, opinions expressed and other links provided by
these resources are not investigated, verified, monitored or endorsed
by LOC Global.
5. Miscellaneous
Whenever possible, each provision of these terms
and conditions shall be interpreted in such a manner as to be
effective and valid under applicable law, but if any provision of
these terms and conditions shall be prohibited by or invalid under
applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity, without invalidating the remainder of
such provision and for the remaining provisions of these terms and
conditions. No waiver by LOC Global of any term or condition described
herein shall operate as a waiver of any other term or condition
described herein.
6.
Trademarks and Copyrights
LOC Global and its affiliates may also claim
trademark and service mark rights in marks contained in this Website.
Copyrights and Trademarks to material affiliated with Delivering the
Goods: The Art of Managing Your Supply Chain is owned by Damon
Schechter. Copyrights in the pages and in the screens displaying the
pages, and in the information and material therein and in their
arrangement, is owned by LOC Global unless otherwise indicated.
7.
Security Policy
LOC Global uses reasonable precautions to protect the privacy of
your credit card and other ordering information by utilizing a Secure
Socket Layer ("SSL") connection. Accordingly, your credit card and
other ordering information, such as your name and address, is
encrypted using the SSL connection and is not expected to be read in
an intelligible form as it travels to LOC Global's’ order processing
system. LOC Global's’ order processing systems is not connected to the
Internet and is not accessible to the public.
8. Purchases
User agrees to purchase the products and services ordered on the
various order screens when user clicks on the "SUBMIT" or similar
button on the product or service order screens. The terms of the
purchase agreement include the information included on the various
order screens, the terms of this Section 8, and the LOC Extranet Terms
and Conditions of Service (see Section 9). Such agreement is in
addition to and not in lieu of the agreement with user formed by
User’s use of the Internet site.
No Warranties by LOC Global
LOC GLOBAL MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS
SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LOC GLOBAL DOES
NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND
USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. LOC GLOBAL IS NOT THE
MANUFACTURER OF THE PRODUCTS AND THE ONLY WARRANTY APPLICABLE TO THE
PRODUCTS USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE
PRODUCT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS
AGREEMENT.
Product warranty by Manufacturer
Most LOC Global products comes with a limited warranty provided by
the manufacturer. If available, the warranty for the products that you
ordered can be viewed on this Internet site or with the product
itself.
Limitation of Liability
Neither LOC Global nor any of its affiliates, nor the directors,
employees or other representatives of any of them, is liable for
damages arising out of or in connection with the use of the products
or services obtained through this Internet site. This is a
comprehensive limitation of liability that applies to all damages of
any kind, including compensatory, direct, indirect or consequential
damages, loss of data, income or profit, loss of or damage to property
and claims of third parties.
Shipping and Billing to US Addresses Only; Availability
LOC Global does not process orders to foreign shipping or billing
addresses. LOC Global tries to give product availability information
on this Internet site, but sometimes products are unexpectedly
unavailable. In addition, LOC Global updates and improves its products
and services on a continuous basis. LOC Global will inform you if any
LOC Global products that you ordered turn out to be unavailable or if
any service that you ordered has been changed. LOC Global may use
email to so inform you.
Email Receipt
After you place an order with LOC Global, you should receive an
email acknowledgment within one business day to confirm that LOC
Global has accepted your order and is processing it. The email will
contain the details of your order, the itemized and total amounts that
will be billed to your credit card, including all applicable taxes and
charges. A receipt will also be included with your purchase. Be sure
to keep your receipt. You will need it if you require any warranty
service.
Charging Your Credit Card
LOC Global charges your credit card immediately after it receives
your order and performs the credit check. If your credit card is
rejected when LOC Global charges it, LOC Global is not obligated to
ship any products or activate any service for your account. In such
cases, LOC Global will make a reasonable attempt to contact you by
email to advise you of the situation.
Prices, Taxes and Shipping & Handling
All prices are stated and payable in US dollars. The prices for
products and services quoted on this Internet site do not include
taxes or shipping and handling.
LOC Global charges all applicable taxes on products and Services. A
shipping and handling charge may be applied to all orders.
9. LOC Extranet
The following are the terms and conditions for use of the LOC
Extranet service including without limitation storage and other
services which may be offered from time to time by LOC Global for use
with your LOC ID (each feature individually and collectively referred
to as the "Service"). Please read them carefully. This Service is
provided to individuals who are at least 18 years old or minors who
have parental permission to open and maintain an account. BY CLICKING
THE "I ACCEPT", "REGISTER" OR SIMILAR BUTTON AND COMPLETING THE
REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN
ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND
CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Summary of Terms of Service
- You agree to provide true and
correct information about yourself in the LOC Global sign up form.
- You agree not to use the service for
illegal purposes or for the transmission of material that is
unlawful, harassing, libelous, invasive of another's privacy,
abusive, threatening, harmful, vulgar, obscene, tortuous, or
otherwise objectionable, or that infringes or may infringe the
intellectual property or other rights of another.
- You agree that LOC Global and its
designees may in their sole discretion terminate your account if
they believe you have in any way violated the Terms of Service.
- You agree that LOC Global does not
endorse and is not responsible for any accounts created by the
service or any content or material contained in any account or the
conduct of any account or account member.
- Please report any violations of the
Terms of Service to us here.
Description of Service
LOC Global is providing User with the capability to create and
join accounts. LOC Global is also providing User with the software
tools for organizing information and communicating with other users
including other members of an account, via the World Wide Web. LOC
Global does not charge User for the Service, except for enhancements
User may elect to obtain (though LOC Global may in the future charge a
fee for use of the Service). User must: (a) provide for User's own
access to the World Wide Web and pay any service fees associated with
such access, and (b) provide all equipment necessary for User to make
such connection to the World Wide Web, including a computer and modem.
User Registration Obligations
In consideration of use of the Service, User agrees to: (a) provide
true, accurate, current and complete information about User as
prompted by the Registration Form, and (b) to maintain and update this
information to keep it true, accurate, current and complete. This
information about a User shall be referred to as "Registration Data."
If any information provided by User is untrue, inaccurate, not current
or incomplete, LOC Global has the right to terminate User's account
and refuse any and all current or future use of the Service.
Use of Registration Data
User agrees LOC Global or its designee may disclose Registration Data
to third parties about User and information about User's use of the
Service provided that such disclosures do not include User's name,
mailing address, email address, telephone or facsimile number, or
account number, except as authorized by User or User's representative
or as required by law or legal process, or as set forth in the next
section
Service Privacy Policy
LOC Global considers files transmitted
via the Service to be the private property of the User. LOC Global
will not monitor, edit or disclose the contents of a User's private
storage, except that User agrees LOC Global may do so: (a) as required
by law; (b) to comply with legal process; (c) if necessary to enforce
the Terms of Service Agreement; (d) to respond to claims that such
contents violate the rights of third-parties; (e) to protect the
rights or property of LOC Global or others.
User understands and agrees that technical processing of files is and
may be required (a) to upload and download files; (b) to conform to
the technical requirements of connecting networks; (c) to conform to
the limitations of the Service; or (d) to conform to other, similar
technical requirements.
User acknowledges and agrees that LOC Global does not endorse the
content of any User files and is not responsible or liable for any
unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, tortuous, or otherwise objectionable
content, or content that infringes or may infringe the intellectual
property or other rights of another.
User also acknowledges and agrees that
LOC Global may access accounts, messages and other tools of the
Service as necessary to identify or resolve technical problems or to
respond to service complaints.
Modifications to Terms of Service
LOC Global may change the Terms of Service from time to time.
By accessing this site, user
agrees to be bound by the modifications to
the Terms of Service.
Modifications to Service
LOC Global reserves the right to modify or discontinue, temporarily or
permanently, the Service with or without notice to User. User agrees
that LOC Global shall not be liable to User or any third-party for any
modification or discontinuance of the Service.
Member Account, Password and
Security
User will receive a password and account designation upon completing
the registration process. User is responsible for maintaining the
confidentiality of the password and account, and is fully responsible
for all activities which occur under User's password or account. User
agrees to immediately notify the Service of any unauthorized use of
User's password or account or any other breach of security.
The Service shall include a maximum of
one (1) free ID and password per subscriber. Additional IDs and
passwords may be added as enhancements. LOC Global prohibits
ID/password sharing. Each account Member must have his or her own ID
and password.
Member Conduct and Responsibilities
User agrees to abide by all applicable local, state, national, and
international laws and regulations in User's use of the Service, and
agrees not to interfere with the use and enjoyment of the Service by
other Users. User agrees to be solely responsible for the contents of
User's transmissions through the Service.
User agrees (a) not to use the Service for illegal purposes; (b) not
to interfere with or disrupt the Service or servers or networks
connected to the Service; (c) to comply with all requirements,
procedures, policies and regulations of networks connected to the
Service; and (d) to comply with all applicable laws regarding the
transmission of technical data exported from the United States.
User agrees not to transmit through the Service any unlawful,
harassing, libelous, privacy invading, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind. User
agrees not to transmit any material that violates the rights of
another, including but not limited to the intellectual property rights
of another. User agrees not to transmit any material that violates any
applicable local, state, national, or international law or regulation.
User agrees not to attempt to gain unauthorized access to other
computer systems or networks connected to the Service.
LOC Global may, but is not in any way
obligated to, enforce this agreement against any user.
Owners
A user who creates an account is
considered the Owner of the account. Owners make their own decisions
about the subject matter of the account and membership guidelines for
the account. Owners are responsible for all activities of the account
and for ensuring that the account complies with this agreement. They
also have special administrative privileges (e.g., they can change
account information, invite new members, etc.).
In addition, Owners will establish,
implement and enforce minimum age requirements and not allow members
under 18 years of age to join any account that is inappropriate for
minors or of an age sensitive subject matter including, without
limitation, any account that concerns or includes pornography or any
sexually explicit language or content.
Account Membership
User acknowledges that the Service
allows users to create accounts according to membership rules
determined by the Owners. Owners of accounts have the discretion to
remove users from their accounts at any time. User agrees that LOC
Global has no responsibility for the conduct or content of any
account, the membership rules or requirements of any account, or
resolving any disputes arising from any account or use of the Service.
Indemnity
User agrees to indemnify and hold LOC Global, and its parents,
subsidiaries, affiliates, officers, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of User's use of the Service, User's
connection to the Service, User's violation of the Terms of Service
Agreement, or User's violation of any rights of another.
No Resale of Service
User agrees not to resell the Service or use of or access to the
Service.
Storage
LOC Global assumes no responsibility for the deletion or failure to
store files. Users are responsible for data backup. LOC Global may
establish an upper limit on the size of storage it will maintain for
User. Additional storage and backup services may be added for a fee,
or under the terms of a specific promotion..
Provision of Service
User's purchase of a LOC Global service
does not mean that we must provide Services to User. LOC Global may
decide not to provide Services to User for any lawful reason. LOC
Global may request that User provide LOC Global with any information
LOC Global reasonably requires to determine whether User qualifies for
Services. Services in some areas are managed and provided under
contract with LOC Global by independent affiliates with access to the
LOC Global Network. Some Services may not be available or may operate
differently in certain affiliate markets or other areas.
Credit Verification
LOC Global may require User to have and
maintain satisfactory credit to receive and continue to receive
Services. LOC Global may verify User's credit before agreeing to
provide Services to User and LOC Global may verify User's credit at
any time while LOC Global provides Services to User. Credit
verification may include a review of credit reports that LOC Global
receives from credit bureaus. If at any time LOC Global determines, in
its sole discretion, that payment for Services may not be made when
due, LOC Global may suspend Services and require that User provide
payment on account or a guarantee of payment before LOC Global resumes
Services.
Service Plan
LOC Global provides fixed length
Service Plans. Except as permitted by the Agreement, User must
maintain service with LOC Global on User's Service Plan for the
minimum term associated with that Service Plan. LOC Global may offer
non-identical Service Plans to different individuals or entities.
Services and coverage under some Service Plans may be more limited
than available under other Service Plans. User's Service Plan sets out
the charges for Services and is User's Service Plan until that Service
Plan is changed, User switch to a different Service Plan, or User
Services terminate. Based on User's credit rating or other factors,
LOC Global may require that User make a deposit, prepayment, or a
series of deposits or prepayments, or be subject to an account
spending limit, before Services are activated or maintained.
Changing Service Plans
After User's Service Plan expires, User
may change to a different Service Plan for which User qualifies
without limitation. Any change is effective at the start of User's
next full service plan cycle unless otherwise specified by LOC Global
at the time that User places his or her change order. LOC Global may
require a service charge for implementing any change directed by User
in addition to the charges associated with the Service Plan or
optional service features User selects.
If User wishes to change to a different
Service Plan before User's Service Plan expires, User may be required
to accept a new fixed length Service Plan and LOC Global may require
User to pay an early termination fee or other fee.
Termination
User agrees that LOC Global may terminate User's password, account or
use of the Service if LOC Global believes (a) that User has violated
or acted inconsistently with the letter or spirit of the Terms of
Service Agreement, (b) that User has violated the rights of LOC
Global or other Users or parties, or (c) User fails to pay any charges
due us for service or otherwise. User further agrees that LOC Global
may terminate User's password, account or use of the Service if User
fails to use the Service at least one time during a reasonable period
of time as determined by LOC Global from time to time which period
shall not be less than three months.
EXCEPT AS PERMITTED BY THE AGREEMENT, IF
USER TERMINATES USER'S FIXED TERM SERVICE PLAN BEFORE THE END OF THE
TERM, OR IF LOC GLOBAL TERMINATES SERVICES FOR CAUSE BEFORE THE END OF
THE TERM, USER WILL BE REQUIRED TO PAY AN EARLY TERMINATION FEE.
If User is
dissatisfied with the Service or any related terms, conditions,
rules, policies, guidelines, or practices, User's sole remedy is to
discontinue using the Service, cancel User's account, and pay the
early termination fee. Cancellation will be effective at the end of the term which notice of
cancellation is received. Upon cancellation, Service will be
terminated and all files stored on LOC Global servers will be
deleted.
If Services are terminated before the end
of User's current invoicing cycle, LOC Global will not prorate the
monthly recurring charge to the date of termination, and User will not
receive any credit or refund for any unused portion of User's Service
Plan.
User acknowledges and agrees that any termination of service under
this Agreement under any provision of this Agreement may be effected
without prior notice, and acknowledges and agrees that LOC Global may
immediately delete data files in User's account and bar any further
access to such files or the Service.
Service Activation Fee
User may be required to pay a
non-refundable service activation fee when user activates a new
service plan, or has LOC Global switch a service to a different plan.
Payment
If User has authorized payment for
Services by credit card or by debiting a bank account, no additional
notice or consent is required before LOC Global invoices the credit
card or debits the bank account for all amounts due to LOC Global or
billed by LOC Global on behalf of a third party. User must promptly
notify LOC Global of any change in User's invoicing address or of the
credit card or bank account used for payment. LOC Global reserves the
right to require payment by money order, cashier's check or other
secured form of payment. If LOC Global takes action to receive payment
beyond invoicing user for charges for Services, User must pay LOC
Global's costs and expenses of collection, including attorneys' fees
and expenses, the fees of any collection agency and court costs. If
LOC Global acts as an invoicing agent for a third-party service
provider, payments received are first applied to amounts due and owing
to LOC Global and any remaining amounts are applied to sums due and
owing to the third-party service provider. LOC Global may immediately
charge an additional fee for any check or other negotiable instrument
endorsed by user and returned unpaid by a financial institution for
any reason. User may be charged fees for certain methods of payment.
Late Payment Charges
Payment is past due if LOC Global does
not receive it by the first day of the billing cycle, which is
typically the monthly anniversary of the order date. Any payment for
Services and equipment not made when due accrues late charges until
paid at the rate of 5% per month or at the highest rate allowed by
law. Acceptance of late or partial payments (even if marked "paid in
full") does not waive LOC Global's right to collect all amounts that
User owes LOC Global. If User's Service has been suspended due to
non-payment, User may be charged a reactivation fee.
Disputed Charges
User must raise any dispute that User
has about any charges to User within 15 days of billing, or User has
accepted the billing. User may notify LOC Global of any dispute by
notifying LOC Global customer service. Calls to LOC Global's sales or
general business offices are not notice of a dispute. If disputed
billing procedures are described on an invoice or notice, User must
follow them.
Deposits
If LOC Global requires a deposit for
User to establish or keep Services, LOC Global will hold the deposit
as partial guarantee of payment for Services. LOC Global may change
the deposit amount at any time to reflect revised estimated monthly
charges based upon User's usage. A deposit may not be used to pay any
billing (unless it is used to pay a final billing) or delay payment.
The deposit amount, the length of time LOC Global holds the deposit
and changes to the deposit amount are determined based on User's
credit and payment history. The rate of interest, if any, on the
deposit is subject to change. LOC Global may mix deposits with its
other funds. If Services are terminated for any reason, LOC Global
may, without notice to User, apply User's deposit toward payment of
outstanding charges and return any excess to User at User's last known
address within 75 days after termination of Services. If the U.S.
Postal Service cannot deliver the money to User and returns it to LOC
Global, LOC Global will hold it for User for one year from the date of
return and, during that period, LOC Global may charge a servicing fee
against the deposit balance. Any money held during this one-year
period will not accrue interest for User's benefit. User forfeits any
portion of the money left after the one-year period.
Taxes and Surcharges
LOC Global bills Users for taxes, fees
and other charges levied by or remitted directly to federal, state or
local authorities, or foreign government on Services including,
without limitation, sales, gross receipts, use, and excise taxes. If
User claims any tax exemption, User must provide LOC Global with a
valid tax-exempt document. Any tax exemption applies only from the
date LOC Global receives a valid tax-exempt document.
LOC Global also bills Users for fees
that LOC Global collects and remit to the government, such as
surcharges that LOC Global collects and keeps to pay for the costs of
complying with government mandates. These charges are neither taxes
nor government imposed assessments.
Stolen
Accounts
If User's account is stolen, User must
notify LOC Global by contacting LOC Global customer service. User is
responsible for all charges for Services provided to stolen account
before User notifies LOC Global of the theft. LOC Global will
deactivate Services to the account upon notification to LOC Global of
any theft. User may be required to provide evidence of the theft (for
example, a police report or sworn statement). LOC Global will
deactivate Services to any account without prior notice to User if LOC
Global suspects any unlawful or fraudulent use of the account. User
agrees to cooperate reasonably with LOC Global in investigating
suspected unlawful or fraudulent use.
Dealings with Advertisers
User's correspondence with or participation in promotions of
advertisers found on the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
User and such advertiser. User agrees not to hold LOC Global liable
for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the
Service.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LOC GLOBAL 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.
LOC GLOBAL MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S
REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
ERROR FREE, OR ACCESSIBLE VIA ANY PARTICULAR BROWSER; NOR DOES LOC
Global MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA UPLOADED OR
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE
SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE UPLOAD AND DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
LOC GLOBAL MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM LOC Global OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
LOC GLOBAL TECHNOLOGY REFERENCES SITES AND INFORMATION LOCATED
WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE LOC GLOBAL HAS NO CONTROL
OVER SUCH SITES AND INFORMATION, LOC GLOBAL MAKES NO GUARANTEES AS TO
SUCH SITES AND INFORMATION, INCLUDING AS TO: (I) THE ACCURACY,
CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR
(II) WHETHER A SEARCH MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
BECAUSE SOME OF THE CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT
IS ADULT-ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE
TECHNOLOGY PROVIDED BY LOC GLOBAL AUTOMATICALLY AND UNINTENTIONALLY
GENERATES LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. LOC Global
CAN MAKE NO CLAIM THAT SUCH SURPRISES WILL NOT OCCUR. COMPUTERIZED
SEARCH TECHNOLOGY DOES NOT GIVE YOU SEARCH RESULTS LIMITED TO ONLY THE
HITS THAT YOU WERE SEEKING. THERE MAY BE EXTRANEOUS HITS AS WELL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
USER AGREES THAT LOC GLOBAL SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLE, EVEN IF LOC GLOBAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT LOC GLOBAL SHALL NOT BE LIABLE FOR ANY
DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF
SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTISEMENT.
IN NO EVENT SHALL LOC GLOBAL'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY APPLY TO YOU.
MANDATORY ARBITRATION OF DISPUTES
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER
AND THE COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR
OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT,
INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY
OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL
OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND
BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL
ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A
CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS
ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY
CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE
OTHERWISE WOULD HAVE THE RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitrator will be selected according to the rules of
CPR or, alternatively, may be selected by agreement of the parties,
who shall cooperate in good faith to select the arbitrator. The
arbitration will be conducted by, and under the then-applicable rules
of the CPR Institute for Dispute Resolution. All expedited procedures
prescribed by the applicable rules will apply. Any required hearing
fees and costs shall be paid by the parties as required by the
applicable rules or as required by applicable law, but the arbitrator
shall have the power to apportion such costs as the arbitrator deems
appropriate.
The arbitrator's decision and award will be final and binding
(subject to the appeal clause below), and judgment on the award
rendered by the arbitrator may be entered in any court with
jurisdiction.
An appeal may be taken under the CPR Arbitration Appeal Procedure
from any final award of any arbitral panel in any arbitration arising
out of or related to this agreement that is conducted in accordance
with the requirements of such Appeal Procedure. Unless otherwise
agreed by the parties and the appeal tribunal, the appeal shall be
conducted at the place of the original arbitration.
If any party files a judicial or administrative action asserting a
claim that is subject to arbitration and another party successfully
stays such action or compels arbitration, the party filing that action
must pay the other party's costs and expenses incurred in seeking such
stay or compelling arbitration, including attorney's fees.
Relating to Financial Matters
If you intend to create or join any account, receive or request any
news, messages, alerts or other information form the Service
concerning companies, stock quotes, investments or securities, read
the above two sections again. They go doubly for you. In addition, for
this type of information particularly, the watchword should be "let
the investor beware." The Service is provided for informational
purposes only, and no content or material included in the Service is
intended for trading or investing purposes. LOC Global shall not be
responsible or liable for the accuracy, usefulness or availability of
any information transmitted via the Service, and shall not be
responsible or liable for any trading or investment decisions made
based on such information.
Notice
Any notice to User or to the Service shall be made via either email or
regular mail. The Service may also provide notices of changes to the
Terms of Service Agreement or other matters by displaying notices to
Users generally on the Service.
Miscellaneous
The Terms of Service Agreement and the relationship between User and
LOC Global shall be governed by the laws of the State of California
without regard to its conflict of law provisions. User and LOC Global
agree to submit to the personal and exclusive jurisdiction of the
courts located within the state of California.
The failure of LOC Global to exercise or enforce any right or
provision of the Terms of Service Agreement shall not constitute a
waiver of such right or provision. If any provision of the Terms of
Service Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms of Service Agreement
remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the Terms of Service Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service Agreement are for
convenience only and have no legal or contractual effect.
