1. Minors Under 18 Years of Age
The Site and Services are intended solely for persons who are 18 years of age or older. If you are under the age of 18, or such higher age as may be required in your country to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Site or Services, you represent and warrant that you are of legal age to form a binding contract, typically 18 years of age or older. If you do not meet this requirement, you must not access or use the Site or Services.
2. User Accounts
User Registration: Only registered account holders (“Users”) may view Creator Art (defined below). To register for a user account, you must enter your name, email address, credit card information, and a password. You may also choose to enter other profile information about yourself including, but not limited to, demographic information; social, cultural, or political information; and social media account handles and links. The information you enter when you register or otherwise share with us in connection with your account is your “User Data”.
User Posts: When you visit Creator communities, you may post comments on, rate, share your personal impressions of, and engage in discussions stemming from the Creator Art. Your posts, testimonial, evaluation, review, personal information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, stories, blog posts, tips, opinions, or other materials you make available to us or others in connection with the Services (“User Posts”), whether publicly posted, privately transmitted, or submitted through a third party API, are owned by you. Your User Posts must not contain any discriminatory, offensive, defamatory, or other language and may not be threatening, violent, abusive, harassing, or otherwise inappropriate, as deemed by us.
Whether a User Post is inappropriate is within our sole discretion and such a determination by us is not negotiable nor appealable. If we determine that your User Post is inappropriate, we may take any one or any combination of, the below listed actions, including permanent revocation of your registration. Which action we take is in our sole discretion and such action is not negotiable nor appealable. We are not obligated to take a particular level of action based on a particular level of inappropriateness of the User Post, but we will strive to be consistent. Actions against inappropriate User Posts include, but are not limited to: requests to amend, deletions, warnings, account suspension, and account revocation.
License to us User Posts: You grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any User Post and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. We may modify or revise any of the User Posts; make your User Posts searchable or add tags to categorize it or assign to it various classifications. You grant us all licenses, consents and clearances to enable the use such User Posts for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Posts. We reserve the right to decline to publish your User Post or to remove any User Post that fails to meet our guidelines, as determined in our sole discretion.
Subscriptions: LoCo+ is a subscription based service for Users. Our subscription plans and pricing may be updated periodically. See our Site for the most current pricing.
No Responsibility for Creator Art: We do not proactively and routinely screen or monitor the Creator Art posted to the Services by others and, as such, do not guarantee the accuracy, integrity or quality of such Art. We may, in our sole discretion, screen, monitor, refuse, or remove any Creator Art, or remove any Creator Art that violates these Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Creator Art that is objectionable. Under no circumstances will we be liable in any way for any Creator Art, including, but not limited to, any errors or omissions in any Creator Art, or any loss or damage of any kind incurred as a result of your use of any Creator Art made available on the Services. You agree to bear all risks associated with the use of any Creator Art available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Creator Art.
3. Creator Accounts
Registration and Community Set Up: To share your art on the Site, you must register for a Creator account and set up a community for users to view your art (“Creator Art”). If you register for a Creator account, you agree to: (i) provide true, accurate, current and complete information about yourself, including contact information, or, if you are creating an account on behalf of another person, another person (“Creator Data”), (ii) maintain and promptly update your Creator Data, and (iii) post only Creator Art to which you own the intellectual property rights. You expressly warrant that your Creator Art does not contain any third party’s confidential or proprietary information or intellectual property. You agree that we may use your Creator Data and Creator Art to provide the Site and Services that you and users access and as otherwise set forth in these Terms.
Responsibility for Creator Art: As a Creator, you understand that you, and not us, are entirely responsible for all Creator Art that you upload, post, email, transmit or otherwise make available via the Services. You agree that we are not responsible for, and do not endorse, Creator Art posted on the Services. We may, in our sole discretion, screen, monitor, refuse, or remove any Creator Art, or remove any Creator Art that violates these Terms or is otherwise objectionable.
User Posts: Users will have an opportunity to review your Creator Art and make User Posts. Any response you give to such User Posts is also considered a User Post for the purposes of these Terms, whether publicly posted, privately transmitted, or submitted through a third party API. Your User Posts are owned by you and must not contain any discriminatory, offensive, defamatory, or other language. You grant us a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any User Post and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. We may modify or revise any of the User Posts; make your User Posts searchable or add tags to categorize it or assign to it various classifications. You grant us all licenses, consents and clearances to enable the use such User Posts for such purposes. You waive and agree not to assert any moral or similar rights you may have in such User Posts. We reserve the right to decline to publish your User Post or to remove any User Post that fails to meet our guidelines, as determined in our sole discretion.
User Engagement and Revenue Generation: As a Creator, you may market, sell, and share, your Creator Art. Through the Services, you may receive tips, donations, and other revenue from Users. Ninety percent (90%) of the revenue generated from your Creator Marketplace stays with Creator. Additionally, the Services may provide you with the ability to mark certain Creator Art that you submit to the Services as private, public, or available only to select users of the Services. We will maintain the privacy of such Creator Art in accordance with your elections. However, if you do not elect to mark your Creator Art as private or available for a limited group of Users, or later change such designation to allow such Creator Art to be made available to anyone, you are responsible for the public nature of the Creator Art.
Violations of these Terms: If you do not accurately maintain your Creator Data; post Creator Art that does not belong to you, is objectionable, or otherwise in violation of these Terms; or we have reasonable grounds to suspect that your Creator Data or Creator Art is inaccurate, fraudulent, or in violation of the DMCA (defined below) or other laws, we may take any one or any combination of, the below listed actions, including permanent revocation of your registration and community. Which action we take is in our sole discretion and such action is not negotiable nor appealable. We are not obligated to take a particular level of action based on a particular violation by you, but we will strive to be consistent. Actions against Creators for violations of these Terms include, but are not limited to: requests to amend, deletions, warnings, account suspension, and account revocation. In consideration of your use of the Services, you represent that you are not barred or suspended by us.
4. Accounts Generally
Account Security: You are solely responsible for maintaining the confidentiality of the password associated with your user account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your user account. We cannot, however, guarantee absolute security of your user account, User Data, User Posts, Linked Data, or any of your personal information that we obtain about you through our Site or services. We cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or Content you provide to us.
Accessing the Site and Services: You are responsible for both making all arrangements necessary for you to have access to the Site and Services and ensuring that all persons who access the Site or Services through your Internet connection are aware of these Terms and comply with them.
We reserve the right to withdraw or amend the Site, Services, and material we provide through the Services or Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or the entire Site and/or Services.
Outdated Information:We may update the content of the Site or our Services from time to time, and the content may not necessarily be complete or up-to-date. Any of the material on the Site or Services may be out of date at any given time, including, but not limited to, any pricing participating Creators, and number of subscriptions or users, and we are under no obligation to update such material.
Reliance on Information Posted:The information presented on or through the Site or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information including, but not limited to, information related to pricing, participating Creators, and number of subscriptions or users. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of contents of the Site or Services.
5. Digital Millennium Copyright Act
LoCo+ respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any Creator Art or other material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to Creator Art, other material or activity that is claimed to be infringing. We may terminate access for Users, Creators, or other users of our Site or Services who are repeat infringers.
Notifying LoCo+ of Copyright Infringement: To provide us with notice of an infringement, you must email us at firstname.lastname@example.org with a written communicationthat sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a detailed description of where the material that you claim is infringing is located or found on our system;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing LoCo+ with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by emailing us at email@example.com with a written communicationthat sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.
6. Prohibited Conduct
You may use the Site and Services only for lawful purposes and in accordance with these Terms. You may not use the Site or Services, or assist or encourage any other party, to engage in any of the following prohibited activities:
- Any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To impersonate or attempt to impersonate us, one of our employees, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- Submitting to the Site or Services or to us any information that may be protected from disclosure by applicable law;
- Any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- If applicable, avoiding payment of charges or fees payable by you with respect to the Services;
- Collecting, automated or non-automated scraping, or harvesting any information relating to an identified or identifiable individual, including names and information about users of the Site or Services, from the Site or Services;
- Bypassing the measures we may use to prevent or restrict access to the Site or Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Services or the content therein;
- Accessing the Site or Services to monitor its availability, performance or functionality;
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or Services, the server on which the Site or Services are stored, or any server, computer, or database connected to the Site or Services;
- Attempting to disrupt, degrade, impair or violate the integrity or security of the Site or Services or the computers, services, applications/accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of our internet protocol space;
- Using any automated system, including, without limitation, “robots,” “bot,” “spiders,” “offline readers,” or other automatic device, process, or means to access the Site or Services for any purpose or to access the Site or Services in a manner that sends more request messages to us than a human can reasonably produce in the same period of time by using a conventional web browser;
- Accessing any content on the Site or Services through any technology or means other than those provided or authorized by the Site and Services;
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Site’s servers or any data not intended for you; or
- Otherwise attempting to interfere with the proper working of the Site or Service
7. Intellectual Property
Intellectual Property Rights: The Site, Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.
Allowable Uses: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or as provided as part of our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
Prohibited Actions: You must not:
- Modify copies of any materials from the Site or Services.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site or Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Services in breach of these Terms, your right to use the Site and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site, Services or any content on the Site or Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks.Our name, trademarks, service marks, logos, designs, and slogans are trademarks of ours or our affiliates or licensors. All other names, logos, product and service names, designs, and slogans on the Site or Services are the trademarks of their respective owners. You may not use such marks without our, or the respective owner’s, prior written permission.
8. Links from the Site
If the Site or Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in social media links, sponsor or partner links, Creator links, and advertisements, including banner advertisements, if applicable. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site or Services, you do so entirely at your own risk and subject to the terms and conditions for such websites.
9. Disclaimer of Warranties and Liability
No Guarantee:You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site or the Services will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Disclaimer of Warranties: YOUR USE OF THE SITE OR SERVICES, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING, OR COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability: WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON OR COMPANY MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF THE SITE OR SERVICES) ARISING OUT OF OR IN RELATION TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR OR OUR CONTRACTORS’ SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY THIRD PARTY’S USE OF THE SITE, ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE SITE OR SERVICES, THE USE OF THE SITE OR SERVICES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, THE NON-DELIVERY OR MIS-DELIVERY OF DATA BETWEEN YOU AND US, EVENTS BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF OUR HOSTING SERVERS, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US, OUR PARENT, OUR OWNERS, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR ANY PROGRAM IS TO STOP USING THE SITE AND THE SERVICES AND WITHDRAW FROM ANY PROGRAM IN WHICH YOU ARE ENROLLED. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY US OR ANY OTHER PERSON OR COMPANY REGARDING COMMUNICATION OR CONTENT ON THE SITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF US, OUR PARENT, SUBSIDIARIES, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS TO YOU EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID TO US FOR THE SERVICE OR ONE HUNDRED DOLLARS (USD $100.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By utilizing the Site or the Services you agree to indemnify and hold us, our parent, subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any and all liability, losses, costs, fines, penalties, assessments, and expenses, including attorneys’ fees and costs, incurred by us through your use of the Site or the Services in violation of these Terms including, but not limited to, negligent or wrongful conduct, infringement of any third party’s intellectual property, confidentiality, privacy or publicity rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This section shall survive any termination of the Terms
11. Cooperation with Law Enforcement and Government Agencies; Required Disclosures
You acknowledge that we have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and website security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
You understand and agree that we may disclose your Personal Information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request (after, if permitted, giving reasonable notice to you and using commercially reasonable efforts to provide you with the opportunity to seek a protective order or the equivalent, at your expense), or if we believe that such action is necessary to (i) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) to enforce these Terms, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Site; or, (iii) to exercise or protect the rights, property, or the safety of us, our users, or others.
12. Dispute Resolution
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof or the access or use of the Site or Services, the parties hereto shall use reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Denver, Colorado, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
Exceptions to Agreement to Arbitrate. You and we agree that we may bypass arbitration and go to court to resolve disputes relating to your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).
14. Class Action Waiver.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You agree that neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
15. Waiver of Jury Trial.
Each party irrevocably and unconditionally waives any right we or you may have to a trial by jury for any legal action arising out of or relating to these Terms or the transactions contemplated hereby.
16. Governing Law, Choice of Venue, and Jurisdiction.
For all legal proceedings arising out of use of the Site, the Services, and/or relating to these Terms and the relationship between you and us shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of Georgia. To the extent litigation is permitted pursuant to these Terms, you and we hereby irrevocably and unconditionally submit to the jurisdiction of courts located in Fulton County, Georgia, or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and we irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
By giving us any contact information, you agree to and do hereby consent to receive mail and electronic communications (email, text/SMS and by telephone) from us concerning our Services or Site (collectively, “Communications”). Communications may be those that we are required to send to you by law concerning us, your Personal Information, the Site, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons, such as related to your application or account or your order or purchase. You may change the email or phone number on file for your account by contacting us through a means provided in the “Contact” section of these Terms. You may opt out of receiving all Communications, other than Required Communications, via email by clicking the unsubscribe link at the bottom of the emailed Communication or by updating the preferences in your account. However, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.
Our notices to you via email, regular mail, account notices, posts, or links on the Site or Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. General Provisions
Relationship: You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Site or Services. These Terms are not intended to confer any third-party beneficiary rights.
Assignment: You may not assign, delegate or otherwise transfer your account or your obligations under these Terms. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third party contractors to fulfill our duties and obligations under these Terms and in connection with the Site or Services.
19. Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to our Site [WS3] [MM4] . Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
20. Contact Us
If you have questions, comments, or concerns regarding these Terms, please contact us at: www.golocoplus.com
1 (844) 729-2532
Last Updated: 10/13/2021