Agreement between Shop Loql and User
Shop Loql gives you the opportunity to purchase branded products from your favorite local restaurants, breweries, distilleries, vineyards and other locally-owned businesses.
Visiting the Site and communicating with Shop Loql constitutes electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the privacy of your account, password and computer, and you accept responsibility for all activities that occur under your account and/or password. Shop Loql and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.
If you are under the age of 18, you must ask your parent or guardian for permission to use this Site. If you are a parent or guardian and you have questions regarding our data collection practices, please contact us using the information provided at the end of this agreement.
Links to Third Parties
Shop Loql is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, and any changes or updates to any linked site. Inclusion of any linked sites does not constitute endorsement of the site by Shop Loql or any association with its operators.
Certain products, services or functionality available via Shop Loql are delivered by third party sites and businesses. By using any product, service or functionality originating from the Shop Loql Site, you acknowledge and consent that Shop Loql may share such information and data with any third party with whom Shop Loql has a contractual relationship to provide the requested product service or functionality on behalf of Shop Loql’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable revocable licence to access and use Shop Loql’s Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Shop Loql that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.You may not use the Site in any manner which could damage, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
All content included as part of the site, such as text, graphics, logos, images and the compilation of any of these items, and any software used on the Site are the property of Shop Loql and its suppliers and contractors and are protected by copyright and intellectual property laws. You agree to observe and abide by all copyright and intellectual property proprietary notices, legends and other restrictions contained on the Site, and will not make any changes to them.
You do not acquire any ownership rights by using the Site, and may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to any unauthorized use of any protected content. You will not delete or alter any proprietary rights or notices or any Site content.
Third Party Accounts
You will be able to link your Shop Loql account with third party accounts, such as payment services and product providers. You are agreeing to the release of information about you and your purchases to such third parties in order to complete the transactions available on the Site.
You agree to indemnify, defend and hold harmless Shop Loql, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses, including attorney fees, arising out of your use or inability to use the Site or its services, your violation of any of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules and regulations.Shop Loql reserves the right to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Shop Loql in asserting any available defenses.
In event the parties are unable to resolve any dispute between them concerning these Terms, including tort actions, such dispute will be resolved only by binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator administered by the American Arbitration Association or similar entity as agreed upon by the parties in a location mutually agreed upon, The arbitrator’s decision shall be final and may be enforced by any court having jurisdiction.If the arbitration concerns the application of these Terms, the prevailing party shall be entitled to recover costs and reasonable attorney’s fees. This Arbitration provision survives the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will occur in an individual capacity; class arbitrations and class/representative/collective actions are prohibited.THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless you and Shop Loql agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY CONTAIN INACCURATE INFORMATION ERRONEOUSLY INCLUDED OR PREVIOUSLY UNIDENTIFIED TYPOGRAPHICAL ERRORS. AS THESE INACCURACIES AND TYPOGRAPHICAL ERRORS ARE IDENTIFIED, SHOP LOQL MAY MAKE IMPROVEMENTS AND CORRECTIONS TO THE SITE AT ANY TIME.
SHOP LOQL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY. AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF CONDITION OF ANY KIND. SHOP LOQL, LLC AND/OR ITS SUPPLIERS AND ASSOCIATES HEREBY DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOP LOQL, LLC AND/OR ITS SUPPLIERS AND ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DAGTA OR PROFITS, ARISING OUT OF THE SITE OR RELATED SERVICES AND PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHOP LOQL, LLC OR ANY OF ITS SUPPLIERS OR ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITEE, OR WITH ANY OF THESE TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination / Access Restriction
Shop Loql reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Texas in all disputes arising out of or relating to use of the Site. Use of the Site in any jurisdiction that does not give full effect of all provisions of these Terms.
Legal Standing and Compliance
You agree that no joint venture, partnership, employment or agency relationship exists between you and Shop Loql as a result of this agreement or use of the Site. Shop Loql’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms impedes Shop Loql’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Shop Loql with respect to such use. If any part of these Terms are deemed invalid or unenforceable, the invalid or unenforceable terms will be deemed superseded by valid and enforceable terms that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in full force and effect.
Unless otherwise specified in these Terms, these Terms constitute the full agreement between Shop Loql and the user with respect to the Site, including all prior contemporaneous communications and proposals with respect to the Site. A printed notice of these Terms and agreement and any notice given in electronic form shall be admissible in administrative or judicial proceedings bad upon or relating to these Terms and agreement to the same extent and subject to the same conditions as other business documents and records originally generated in printed form.
Changes to Terms
Shop Loql retains the right, in its sole discretion, to change these Terms. The most current version of these Terms will supersede any prior versions. Shop Loql encourages you to periodically review these Terms to stay informed of any updates.
Shop Loql welcomes your questions or comments about these Terms in writing to:
Shop Loql, LLC