LOOPINGCLOUD (“LOOPINGCLOUD”, or the “Company”) and its website, LOOPINGCLOUD
(the “Site” or the “Website”) provides its products and services to you subject
to the following conditions. Please read these Terms and Conditions (the “Terms”)
carefully before accessing or using the Site. By accessing, registering for or using
the Site, or purchasing products through the Site, you agree to be bound by these
Terms and Conditions, which are as follows:
Where appropriate, LOOPINGCLOUD is referred to below as “LOOPINGCLOUD,” “we,” “us,”
“our,” or “Company.” The term “you” refers to the user, subscriber or viewer of
our website.
PERMISSIBLE USE OF WEBSITE
You agree that:
(a) Your use of the LOOPINGCLOUD website is subject to and governed by these terms
and conditions;
(b) Only persons at least 18 years of age may access or use LOOPINGCLOUD and transact
business with LOOPINGCLOUD;
(c) You will comply with and be bound by these Terms and Conditions in their then-current
form as they appear on LOOPINGCLOUD each time you access and use the LOOPINGCLOUD website;
(d) Each visit to LOOPINGCLOUD by you indicates and confirms your agreement to be
bound by our Terms and Conditions; and
(e) These Terms and Conditions are a legally binding and enforceable agreement between
yourself and LOOPINGCLOUD.
You agree not to use or attempt to use LOOPINGCLOUD for any purpose that:
(a) is any way unauthorized, unlawful or prohibited, or that is harmful or destructive
to LOOPINGCLOUD or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited
e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with LOOPINGCLOUD’s network services;
(e) attempts to gain unauthorized access to LOOPINGCLOUD’s network services or proprietary
information;
(f) impairs or limits LOOPINGCLOUD’s ability to operate the LOOPINGCLOUD website or
any other person’s ability to access and use LOOPINGCLOUD;
(g) uses any methods, means, or devices to access LOOPINGCLOUD or cause access to
LOOPINGCLOUD for purposes of manipulating the results of any Internet search engine,
or for any other purpose other than conducting business with LOOPINGCLOUD;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any
person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that
violates child pornography laws, child sexual exploitation laws and laws prohibiting
the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful,
threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable
content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way
or involves images or content that depicts, promotes, encourages, indicates, advocates
or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of LOOPINGCLOUD or any of its officers,
agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual
property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.
LOOPINGCLOUD reserves the right to establish general practices and limits concerning
use of the Website via different subscription plans and tiers of service, as set
forth in our Subscription Services Page, including without limitation restrictions
relating to property and items that may be submitted for sale by auction or otherwise,
the maximum number of days that listings, messages, postings, property, items, or
other uploaded Content will be retained by the Website, the number of times you
can edit a listing, the maximum size of any message that may be sent from or received
by an account on the Website, the type and quantity of transactional data stored
and presented in connection with your account, and the maximum disk space that will
be allotted on LOOPINGCLOUD’s servers on your behalf. You agree that LOOPINGCLOUD has
no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted on the Website.
REVOCATION OF USE RIGHTS
LOOPINGCLOUD reserves the right at all times, in its sole and absolute discretion
and without notice to you, to deny your access to and use of the LOOPINGCLOUD website.
You may not use LOOPINGCLOUD or any affiliated Website to transmit unsolicited e-mail
to this Site or to anyone whose e-mail address is included under the domain name
of LOOPINGCLOUD or any affiliated Website. Violation of these Terms and Conditions
may result in a variety of actions, including cancellation of your subscription,
cancellation of your listings, limits on account privileges, and forfeiture of fees
paid to LOOPINGCLOUD.
You agree and acknowledge that it is your sole responsibility and liability, to
provide, obtain and maintain all of the hardware, software, electrical power, telecommunications,
Internet services, and other products or services necessary to access and use LOOPINGCLOUD.
REGISTRATION
In consideration of your use of the Website, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete,
or LOOPINGCLOUD has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, LOOPINGCLOUD has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any
portion thereof).
MEMBERSHIP AND BILLING
LOOPINGCLOUD offers various types of subscription plans, depending on whether you
are registered as an (1) Agent/Lister/Broker or (2) Service Provider. You can find
the specific details regarding your membership with LOOPINGCLOUD, the permissions,
rights and limitations thereto at any time. Simply sign in to your LOOPINGCLOUD account,
and go to the Profile tab. Our list of fees for each type of registration as well
as the rights and limitations thereto is provided on LOOPINGCLOUD
a. Billing
By starting your LOOPINGCLOUD membership, you are expressly agreeing that we are authorized
to charge you the membership fee associated with the type of membership that you
have selected during registration. You agree that we are authorized to charge you
the membership fee at the then-current rate to the Payment Method you provided during
registration (or to a different Payment Method if you change your account information).
Please note that prices and charges are subject to change with advanced notice.
As used in these Terms and Conditions, "billing" shall indicate either a charge
or debit, as applicable, against your Payment Method. The membership fee will be
billed at the beginning of the paying portion of your membership and each month
or year (as the case may be) thereafter unless and until you cancel your membership.
Sign in to your LOOPINGCLOUD account, go to the Profile tab, and click on Account
Details to see the commencement date for your next renewal period. We automatically
bill your Payment Method each month or year on the calendar day corresponding to
the commencement of your paying membership. Membership charges are fully earned
upon payment.
Note: In the event your monthly membership began on a day not contained in a given
month, we bill your Payment Method on the last day of such month. For example, if
you became a paying member on January 31, your Payment Method would next be billed
on February 28.
You acknowledge that the amount billed each billing period may vary for reasons
that include differing amounts due to changes in your membership plan, and you authorize
us to charge your Payment Method for such varying amounts. Payments are nonrefundable
and there are no refunds or credits for partially used periods. We may change the
fees and charges in effect, or add new fees and charges from time to time, but we
will give you advance notice of these changes by e-mail. If you want to use a different
Payment Method or if there is a change in Payment Method, such as your credit card
validity or expiration date, you may edit your Payment Method information from your
Account management page. If your Payment Method reaches its expiration date and
you do not edit your Payment Method information or cancel your account (see, "Cancellation"
below), you authorize us to continue billing that Payment Method and you remain
responsible for any uncollected amounts.
b. Ongoing Membership
Your LOOPINGCLOUD membership will continue in effect unless and until you cancel your
membership or we terminate it. You must cancel your membership before it renews
each billing period in order to avoid billing of the next membership fee to your
Payment Method. We will bill the membership fee at the then-current rate plus any
applicable tax to the Payment Method you provide to us during registration (or to
a different Payment Method if you change your account information). Membership fees
are fully earned upon payment.
c. Holds
You may place a monthly membership on hold at any time, and the hold will take effect
at the start of your next billing cycle. When the hold period has ended, your membership
will resume and we will automatically bill the membership fee at the then-current
rate plus any applicable tax to the Payment Method you provide to us during registration
(or to a different Payment Method if you change your account information). You may
cancel a hold status at any time by clicking the words "Remove hold" on your Account
management page. When you cancel a hold period, your membership will resume immediately
and we will automatically bill the membership fee at the then-current rate plus
any applicable tax to the Payment Method you provide to us during registration (or
to a different Payment Method if you change your account information).
d. Cancellation
You may cancel your LOOPINGCLOUD membership at any time, and cancellation will be
effective immediately. You will continue to have access to the program until the
current billing period ends. We do not provide refunds or credits for any partially
used membership periods. To cancel your membership, sign in to your account and
click the words "Cancel membership" on your Account management page. Follow the
instructions for cancellation.
LOOPINGCLOUD serves as a web-based platform, matching potential buyers, sellers, financiers
and other service providers with parties that may be seeking such products and services.
The role of LOOPINGCLOUD is limited to hosting listings, products or services provided
by the different subscribers and providing a platform to assist in the consummation
of transactions or the rendering of services. LOOPINGCLOUD is not responsible for,
and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted
properties or providing a "multiple listing service" as that term is traditionally
used. LOOPINGCLOUD does not receive commissions from the sale of franchises, real
estate or businesses. LOOPINGCLOUD does not counsel sellers or buyers, show properties,
negotiate sales contracts, or hold a position of trust and confidence. As such,
no brokerage relationship or any agency or fiduciary relationship is intended to
be or shall be deemed to have been created between LOOPINGCLOUD and any seller or
buyer of franchises, real estate or business listings, or anyone hiring a service
provider hereunder. LOOPINGCLOUD makes no warranties or representations about properties
or services listed on LOOPINGCLOUD, about the sellers of such properties, about the
accuracy of information provided by any party, or about the ability of a purchaser
to consummate a transaction. Subscribers are recommended to conduct their own independent
due diligence prior to entering into any transaction, and, all parties are encouraged
to seek the help of licensed real estate or business professionals and attorneys
when considering entering into a transaction.
USER SUBMITTED CONTENT
You, and not LOOPINGCLOUD, are entirely responsible for all publicly accessible Content
that you upload, promote, sell, transfer, or otherwise convey or transmit via the
Website. You expressly acknowledge and agree that your submission of Content for
use by the Website will, if accepted by LOOPINGCLOUD in its sole discretion, will
be accessible to the public, and that there is no confidentiality or privacy with
respect to your Content, including any personally identifying information that you
may make available relating thereto.
LOOPINGCLOUD does not pre-screen Content, but reserves the right in its sole discretion
to remove any Content that is made publicly available via the Website. LOOPINGCLOUD
reserves the right to remove any Content for any reason, including without limitation,
Content that reasonably appears to violate our Terms and Conditions or is otherwise
objectionable.
By uploading Content to our Website, you agree:
(i) All property and items submitted for sale, auction or otherwise will be genuine
and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance
will be true and accurate;
(ii) That you own or have the necessary licenses, rights, consents and permissions
("Rights") to your Content and any other works that you incorporate into your Content,
and you authorize and license LOOPINGCLOUD to use your Content in the manner contemplated
in these Terms and Conditions; and
(iii) That you will provide true, accurate, current and complete information, and
to make any and all disclosures required under applicable law, relating to any franchise,
real estate, business or other proprietary assets submitted by you in connection
with any Service hereunder.
By submitting your Content to LOOPINGCLOUD, you hereby grant LOOPINGCLOUD and its affiliates
a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable
rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms
based on, or modify your Content to appropriate media formats or mediums in any
and all forms and by whatever means; (ii) to use, license, sell, digitize, stream,
store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate,
translate, prepare derivative works and compilations of, compress, transmit, integrate,
insert, market and promote your Content in any and all forms and media and by whatever
means, and to exploit any and all rights relating thereto and derived therefrom;
and (iii) to use your Content, in whole or in part, for and in connection with advertising,
promotional or commercial purposes, including without limitation, the right to publicly
display, reproduce and distribute your Content in any and all forms and media and
by whatever means whether now known or hereafter devised or created, to exploit
any and all rights relating thereto and derived therefrom, and to retain any and
all revenue generated from any sales or licenses of such advertising, attribution,
links, or promotional or distribution rights.
LISTING OF PROPERTIES AND/OR BUSINESSES
By listing an item on LOOPINGCLOUD's Website, you agree to pay LOOPINGCLOUD's fees as
set forth in your Subscription Plan, and hereby assume full responsibility for the
content of the listing and item offered. LOOPINGCLOUD reserves the right to end your
listing for any reason. Sellers must treat purchaser's contact information in full
compliance with LOOPINGCLOUD's Privacy Policy. Additionally, Seller is prohibited
from sharing a Purchaser's information with third parties or use Purchaser's information
for any purpose other than communicating with the Purchaser about the item, unless
expressly permitted to do so by the buyer.
REAL ESTATE AND BUSINESS PROFESSIONALS
Parties who are licensed as an agent, broker, or other licensed real estate or business
professional must ensure that their item description conforms to all laws and regulations
applicable to online advertising of properties by such licensees in their jurisdiction.
Sellers are advised that many jurisdictions require that you provide a disclosure
statement to all prospective purchasers regarding the condition of the property
or business. You may be required to include, among other things, disclosure of the
licensee's name, any firm with which the licensee is affiliated, office location,
and the jurisdiction(s) where the licensee is licensed. A user may not list real
property or a business for a third-party unless the user is a licensed real estate
or business professional. Members are strongly advised to seek the help of a licensed
real estate professional, business broker and/or an attorney to help in the negotiation
and sale of any real estate or business.
AUCTIONS
Each state and locality in the United States has different laws, rules and regulations
with respect to the purchase and sale of real estate. As such, LOOPINGCLOUD's real
estate Auction listings do not constitute legally binding offers to purchase or
sell real estate. Rather, the LOOPINGCLOUD auction site is a platform for sellers
to list and promote their real estate listings and connect with potential purchasers.
LOOPINGCLOUD is not involved in the transaction between purchasers and sellers and,
as a result, has no control over the veracity, accuracy, quality, safety or legality
of the properties listed in the auction site and/or the Website, the ability of
sellers to sell items or the ability of purchasers to finalize purchases. LOOPINGCLOUD's
auction listings do not constitute binding agreements to purchase/sell real property.
Notwithstanding the foregoing, the parties should act in good faith, and purchasers
should not bid on a property unless they intend to complete the purchase of same,
subject to applicable due diligence. Sellers are prohibited from claiming that a
bid results in a binding obligation to finalize the transaction. At the completion
of the auction, the parties should contact each other to discuss the transaction
and exchange the necessary documentation. All such actions should be conducted pursuant
to local state, federal or county laws. Listing a property for auction results in
additional fees, regardless of whether a transaction is consummated. Please review
our “Auction Fees” page for more details. We do not take a commission from the sale
of a property listed through our Website.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the LOOPINGCLOUD website or any affiliated Website, including,
but not limited to, LOOPINGCLOUD’s respective logos, emblems, slogans, trade dress
and designs are trademarks and/or service marks of LOOPINGCLOUD (the “Marks”). You
agree not to use or otherwise appropriate any of LOOPINGCLOUD’s Marks appearing on
or in association with LOOPINGCLOUD or any affiliated Website. You will further indemnify
LOOPINGCLOUD against any loss or damage accruing to it as a result of your unauthorized
use of the LOOPINGCLOUD Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on LOOPINGCLOUD are the
property of their respective owners and may not be used without the express permission
of those respective owners. You agree not to use or otherwise appropriate any third-party
trademarks or service marks appearing on or in association with LOOPINGCLOUD, and
you assume any and all liability associated with any unauthorized use. You will
further indemnify LOOPINGCLOUD against any loss or damage accruing to it as a result
of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
(a) all Marks, source code, calculations, products, materials, data, information,
text, screens, functionality, services, design, layout, screen interfaces, the “look
and feel”, and the operation of LOOPINGCLOUD (the “Website Content”) are protected
by various intellectual property laws in the United States and abroad, including,
but not limited to, copyright law, trademark law, and common law principles of trade
secret and trade dress; and
(b) all rights associated with the Website Content are owned by LOOPINGCLOUD, its
licensors, or third-party content providers. Furthermore, you acknowledge and agree
that you do not acquire any ownership rights by downloading or viewing any Website
Content. You further acknowledge and agree that you will not in any way copy, reproduce,
publish, create derivative works from, perform, upload, post, distribute, transfer,
transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance
of any Website Content.
You may not use the Website Content, domain names (in whole or in part), or e-mail
addresses related to or derived from LOOPINGCLOUD, nor any data, trademarks, functionality,
service marks, trade names, brand names and/or logos contained within or derived
from LOOPINGCLOUD, for any purpose; meaning that you may not, among other prohibited
uses, use any Website Content, domain names, e-mail addresses, data, trademarks,
service marks, trade names, brand names and/or logos on or derived from LOOPINGCLOUD:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited
to, critical, comparative, or informational websites; and/or
(d) as a variable or data element in any algorithm that causes another Internet
browser to appear on, over, or at the same time as LOOPINGCLOUD or controls the content
of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
LOOPINGCLOUD is committed to protecting copyrights and expects you to do the same.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for
copyright owners who believe that material appearing on LOOPINGCLOUD infringes their
rights under U.S. copyright law. If you believe in good faith that any material
used or displayed on LOOPINGCLOUD infringes your copyright, you (or your agent) may
send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed; (b) identification of the copyrighted work claimed
to have been infringed (or if multiple copyrighted works are covered by a single
notification, a representative list of such works); (c) identification of the material
that is claimed to be infringing or the subject of infringing activity, and information
reasonably sufficient to allow us to locate the material; (d) the name, address,
telephone number and email address (if available) of the complaining party; (e)
a statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent
or the law; and (f) a statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed. If you believe
in good faith that a notice of copyright infringement has been wrongly filed against
you, the DMCA permits you to send us a counter-notice. Notices and counter-notices
must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/)
for details. DMCA notices and counter-notices should be sent to the following address:
LOOPINGCLOUD
Attn: DMCA Manager
18501 Pines Blvd. Suite 355
Pembroke Pines, Florida 33029
THIRD PARTY PRODUCTS
LOOPINGCLOUD connects its users with unaffiliated third parties that offer real estate
and business listings, products and services (the “Products and Services”). By using
this service and submitting a registration form, you represent and warrant that
you agree to be contacted by these unaffiliated third parties for the purpose of
obtaining more information regarding the possibility of purchasing these Products
and Services. By uploading your registration submission, you hereby grant LOOPINGCLOUD
and its affiliates and assigns the right to contact you regarding these Products
and Services.
LOOPINGCLOUD is merely a platform to connect its users, and therefore does not verify
the accuracy or veracity of any listing or service provider. You are strongly urged
to conduct your own due diligence upon making any offers, accepting offers or contracting
any services.
LIMITATION OF LIABILITY
Any communications or interactions between yourself and with third parties, brokers,
sellers, and/or advertisers on or through the LOOPINGCLOUD Website, including payment
for and delivery of related property, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
third parties. You acknowledge and agree that LOOPINGCLOUD is not responsible for
the acts or omissions of its unaffiliated third parties and shall bear no responsibility
(financial or otherwise) as a result of any action or inaction on the part of any
third party with respect to your contact information, and/or any Product or Service
or otherwise. Furthermore, LOOPINGCLOUD shall not be responsible or 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 third parties, purchasers, sellers, brokers, service
providers and/or advertisers on the LOOPINGCLOUD Website.
In the event that you have a problem or issue with a third party or incur damage
as a result of third party action or inaction for any reason, you must contact the
third party directly to resolve such issue. In the event that your personal data
is misused by any third party, LOOPINGCLOUD shall bear no responsibility for such
unauthorized dissemination, and shall not be liable in any way for the actions of
any third party affiliate which may receive your contact information. In the event
of a dispute between yourself and one or more users/subscribers of the Website,
you hereby release LOOPINGCLOUD (and our affiliates and subsidiaries, and our and
their respective officers, directors, employees, and agents) from claims, demands,
and damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes. By agreeing to these
Terms you expressly waive any protections (whether statutory or otherwise) that
would otherwise limit the coverage of this release to include only those claims
which you may know or suspect to exist in your favor at the time of agreeing to
this release.
LOOPINGCLOUD does not assume responsibility to verify the age of individuals submitting
registration forms. However, LOOPINGCLOUD reserves the right to request supporting
information to verify the age of any individual submitting a registration form.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites.
From time to time this Site may include links to third party websites. These links
are provided for your convenience to offer you further information on Products and
Services. We have no responsibility for the content of the linked website(s). Unless
expressly stated otherwise on this Site, LOOPINGCLOUD does not endorse, approve, sponsor
or control, and we are not in any way responsible for, any of the content, services,
calculations, information, products or materials available at or through any third
party web sites to which this Site may provide a link or may put you in contact
with. By using this Site you acknowledge and agree that LOOPINGCLOUD will not be responsible
or liable to you or any other person for any damages or claims that might result
from your access and use of such third party content, Product and/or Service, calculation,
information, products or materials.
REVISIONS
You agree and acknowledge that we may revise or change these Terms and Conditions
at any time, without notice to you, and you agree that you will be bound by the
provisions of these Terms and Conditions as they appear on this Site at the time
you access this Site. Because these Terms and Conditions may change, we encourage
you to frequently review them. In addition, you agree and acknowledge that all other
content, Products and Services, and materials on or available through this Site
are subject to updating, cancellation and/or revision without notice to you. LOOPINGCLOUD
reserves the exclusive right to change pricing, at anytime, with prior notice. These
Terms and Conditions were last revised on March 21, 2013.
LOCATION
You understand and acknowledge that LOOPINGCLOUD controls and operates this Site from
within the United States of America. This Site provides information regarding services
and products that are made available only in the United States. We make no representation
that the services or products about which information may be provided on this Site
will be available (a) anywhere outside of the United States or (b) in every state
within the United States. You acknowledge and agree that you are responsible for
compliance with all federal, state and local laws applicable to your access to and
use of this Site.
USER IDs AND PASSWORDS
Certain areas or features of this Site may be restricted to users who have obtained
a user identification and password by completing a registration process described
on this Site. Additionally, in order to receive information from third parties regarding
the Products and Services, you will be required to complete the registration process.
You are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. You agree to notify
LOOPINGCLOUD immediately if you believe your user identification, password or other
identifying information has been lost, stolen or otherwise compromised. You also
acknowledge and agree that you are solely responsible for all damages or claims
that may arise from any access to or use of this Site by any person to whom you
have provided your user identification, password or other identifying information,
or by any person who has obtained such information from you, including, but not
limited to, any access to or use of this Site that may occur after you have notified
us that your user identification, password or other identifying information has
been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Site employ technologies to secure your data
and the transmissions between you and LOOPINGCLOUD, the Internet is an open system
and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted
by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill
your order, and to provide you with additional information from third parties regarding
the Products and Services. If you chose not to provide such required information,
we may not be able to connect you with third parties who are capable of fulfilling
your order or providing you with additional information.
Service Providers: In some cases, we employ or use service providers such
as consultants, temporary workers and third party software developers, to complete
a business process or provide a service on our behalf. When we employ service providers,
we may need to share your personally identifiable information. Service providers
are strictly prohibited from using your personally identifiable information for
purposes other than to act on our behalf.
Privacy Policy: We reserve the right to make changes to our Privacy Policy
from time to time. If we plan to make significant changes to any of our privacy
policies or practices with respect to how we use personally identifiable information,
we’ll post those changes to the LOOPINGCLOUD Site 30 days before they take effect.
Our privacy policy is current as of March 21, 2013.
Legal Disclosures: In some instances we may be required to disclose certain
information to comply with a legal process or mandate, such as a court order, subpoena,
search warrant, or law enforcement request.
Web Site Usage Data: Our Site tracks usage data, including, for example,
IP address, browser type and version, which pages are viewed, which page, if any,
linked a visitor to our site, and which link, if any, a visitor follows off of our
site. We use this data in the aggregate and on an individual level to better understand
web site activity to improve our site offerings, to reconstruct activity from a
session or by a user, for troubleshooting and issue resolution purposes. We may
also use this data to provide you a more personalized web site experience, assistance
with technical support questions, and to send you special offers, product and service
updates, or other promotional materials that are relevant and tailored to your interests.
If you do not want to receive these offers or promotions, simply indicate your contact
preferences during the registration process, within any future communications or
by sending an e-mail to LOOPINGCLOUD.com">support@LOOPINGCLOUD.com
COPPA. Our Site is not designed to appeal to children under the age of 13.
Therefore, we don’t knowingly attempt to solicit or receive any information from
children.
This privacy notice should be read in conjunction with our Privacy Policy. In the
event of a discrepancy between this privacy notice and our Privacy Policy, this
privacy notice shall govern.
INDEMNIFICATION
If you make any unauthorized use of this Site or violate the Terms and Conditions:
(a) you may be in violation of the laws of the United States, as well as applicable
state laws, and may be subject to penalties, and (b) you may be responsible for
damages caused to LOOPINGCLOUD and/or its Site. You agree to indemnify LOOPINGCLOUD
and its affiliates, vendors and licensors, and all of the employees, officers, directors,
agents and representatives thereof and to hold all of them harmless from, all costs,
claims, damages, expenses or other losses, including attorney’s fees and court costs,
that arise from or are related to your use of this Site, your registration and/or
your breach/violation of or failure to comply with the Terms and Conditions.
PURCHASES
If you wish to purchase any Products or Services through unaffiliated third parties,
you will be purchasing such Product or Service directly through such third party
and not through LOOPINGCLOUD, and must contact such third party with any issue, question,
rebate, refund, customer service or inquiry. LOOPINGCLOUD connects you with a third
party offering the Product or Service that you require, but in no way services or
handles your transaction.
Descriptions, images, specifications, pricing and availability of any products or
services are subject to change without notice. The third party offering the Product
or Service reserves the right, with or without prior notice, to limit the available
quantity of or to discontinue any product or service, to impose conditions on any
coupon or promotional code and to refuse any order in their sole discretion. If
your product from such third party arrives damaged or defective, you must contact
the third party provider to inquire into their refund or exchange policy. LOOPINGCLOUD
is in no way responsible for the quality or condition of the Product or Service
that you purchase through such unaffiliated third party. For more information regarding
a return policy, contact your Product or Service Provider at the number they furnished
at the time of purchase.
DISCLAIMERS
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION,
PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, LOOPINGCLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES,
CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE
COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE
OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION.
LOOPINGCLOUD HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT,
SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH
THIS SITE.
YOU ACKNOWLEDGE AND AGREE THAT LOOPINGCLOUD IS NOT, AND SHALL NOT BE, RESPONSIBLE
FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION, OR
WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE, OR WITH THE HANDLING OF YOUR
PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE, LOOPINGCLOUD
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. LOOPINGCLOUD MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF
THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU,
AND NOT LOOPINGCLOUD, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION
OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER
EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT
OF USING OR VISITING THIS SITE.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL LOOPINGCLOUD BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY,
OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION,
TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM
THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS,
INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN
AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION,
OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES,
CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE.
YOU AGREE THAT LOOPINGCLOUD SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO
EVENT SHALL LOOPINGCLOUD'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, IN ACCESSING OR USING THIS SITE.
COMMUNICATIONS WITH COMPANY
Time-Sensitive Instructions: When communicating with us through this Site,
Instant Messenger chat or via e-mail, do not use the Site, Instant Messenger, chat
or e-mail to communicate any time-sensitive instructions. Such instructions may
not be received or otherwise honored. All transactions conducted on this Site, instant
messenger, chat or via e-mail, must be confirmed in writing by us to be accepted
by and binding upon us.
E-Signature: General communications through this Site, Instant Messenger,
chat or via e-mail are not intended by us to constitute either an electronic record
or an electronic signature, or to constitute any agreement by the sender to conduct
a transaction by electronic means, unless a specific statement to the contrary is
included in the message and specific e-signature procedures are employed. However,
your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via
the Site, Instant Messenger, chat, e-mail, and telephone may be recorded or monitored
and by using such communications methods you are consenting to the recording or
monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using
e-mail to make or send any type of menacing, defamatory, discriminatory, harassing,
offensive or threatening statements/materials, or statement/materials that infringe
the copyrights or legal rights of others in e-mail. Such communications are against
Company policy and outside the scope of our employee’s employment. The Company does
not accept any liability in respect of such communication, and the employee responsible
will be personally liable for any damages or other liability arising. Please report
any such violations to LOOPINGCLOUD. The use of the Company’s e-mail facilities for
purposes of sending menacing, harassing, offensive or threatening messages to our
employees is strictly prohibited and is unlawful; violators will be prosecuted to
the fullest extent of the law.
Negligent Misstatement: The Company disclaims any and all responsibility,
including responsibility based on negligence or negligent misstatement, for the
accuracy, completeness, or reliability of data or information contained in or furnished
through e-mail or furnished by third parties and the Company makes no warranties,
express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation
under U.S. law, if its primary purpose is to advertise or promote a commercial product
or service. If you do not wish to receive advertising and promotional messages from
LOOPINGCLOUD, you may opt-out by sending an e-mail to
LOOPINGCLOUD.com">support@LOOPINGCLOUD.com.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content,
attachments to e-mails and embedded links. Although our e-mails are believed to
be free of any virus or other defects that might affect computer systems in which
they are received and opened, it is the recipient’s responsibility to ensure that
any e-mail they open is virus free. The Company is not responsible for any loss
or damage arising in any way from the receipt, use, storage or transmission of our
e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents
may have been produced by someone other than our Company or our Team Members for
which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION
OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail
to introduce any virus, malicious or disabling code, or to otherwise interfere with
the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited
and against the law; violators will be prosecuted to the fullest extent of the law.
ADDITIONAL TERMS
You acknowledge that certain features of this Site, as well other products and services
of LOOPINGCLOUD, including those that may be available through this Site, may be subject
to terms, conditions and disclaimers in addition to these Terms and Conditions,
and you agree that your use of such products and services will be subject to such
additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to LOOPINGCLOUD through the
Site or otherwise, you are making an inquiry as to Products and Services offered
by LOOPINGCLOUD or any of its unaffiliated third parties, and give LOOPINGCLOUD and
its affiliates permission to contact you through e-mail, fax, or telephone, or any
means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the
LOOPINGCLOUD Site or otherwise, LOOPINGCLOUD may send your information to third party
affiliates. LOOPINGCLOUD may receive a fee from its third party affiliates for connecting
you to parties that may be able to offer you Products or Services that you request.
If you do not want your information shared with LOOPINGCLOUD’ affiliates, you should send an opt-out e-mail to
LOOPINGCLOUD.com">support@LOOPINGCLOUD.com.
Reasonable Efforts: LOOPINGCLOUD is not responsible for delays resulting from third
parties.
GOVERNING LAW
You agree that these Terms of Use and our Privacy Policy shall be governed by and
construed in accordance with the laws of the State of Florida, without giving effect
to any principles of conflicts of law. You agree that any action at law or in equity
arising out of or relating to these Terms and Conditions, the Privacy Policy or
the use of this Site shall be filed only in the state or federal courts located
in Broward County, Florida, and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. You further agree
to waive any rights you may have to a trial by jury.
SEVERABILITY
You agree that if any provision of these Terms and Conditions shall be found to
be unlawful or void, or for any reason unenforceable, then that provision shall
be deemed severable from the other provisions of these Terms and Conditions and
shall not affect the validity and enforceability of such other provisions.
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