Welcome to LoopQ!
Thanks for using our integrated marketing service that strategically connects consumers and merchants at the option of the consumer and where merchants have the advantage of obtaining demographic information and feedback based on consumer selected interests in a specific merchant's services (the "Service"). The Service is provided by QDH Enterprises LLC, dba LoopQ, ("LoopQ") with a mailing address of QDH Enterprises, LLC, 4261 East University Dr. #30-374, Prosper, TX 75078. Any End-User questions, complaints, or claims with respect to the Service should be directed to the above address.
Throughout this End-User License Agreement ("Agreement"), "you" and "your" refers to "End-Users" such as merchants, consumers, or both as the context so dictates. Throughout this Agreement, LoopQ may be referred to from time to time as "we" or "our."
This Agreement is concluded between LoopQ and the End-User only and not with Apple. LoopQ is solely responsible for the Service and the content herein, and if anything in this Agreement is in conflict with the App Store Terms of Service as of the Effective Date, the App Store Terms of Service will control.
By using our Service, you are agreeing to the terms of this Agreement. Please read them carefully. We strongly recommend that, as you read this Agreement, you also access and read the linked information. Paragraphs 1 and 2 have terms that are specific to merchants and paragraph 3 has terms specific to consumers. All other terms and conditions apply to both merchants and consumers.
THIS LEGAL AGREEMENT SET OUT BELOW GOVERNS YOUR USE OF LOOPQ AND OUR SERVICE. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. BY REGISTERING WITH LOOPQ AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
THE LICENSE GRANTED TO YOU FOR THE SERVICE IS A NON-TRANSFERABLE LICENSE TO USE THE SERVICE ON ANY APPLE-BRANDED PRODUCTS THAT YOU OWN OR CONTROL AND AS PERMITTED BY THE USAGE RULES SET FORTH IN THE APP STORE TERMS OF SERVICE, EXCEPT THAT SUCH SERVICE MAY BE ACCESSED AND USED BY OTHER ACCOUNTS ASSOCIATED WITH THE PURCHASER VIA FAMILY SHARING OR VOLUME PURCHASING.
LOOPQ IS ONLY AVAILABLE TO INDIVIDUALS WHO ARE AT LEAST 13 YEARS OLD. YOU REPRESENT AND WARRANT THAT IF YOU ARE AN INDIVIDUAL, YOU ARE AT LEAST 13 YEARS OLD, YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS AND CONDITIONS OR YOU HAVE YOUR PARENTS' PERMISSION TO DO SO. LOOPQ MAY CHANGE ITS ELIGIBILITY CRITERIA AT ANY TIME.
LoopQ provides a strategic and closed system marketing service for merchants allowing merchants the opportunity to strategically market their services to consumers who have consented or requested to receive such information from a particular merchant. LoopQ, from time to time may facilitate the marketing of certain merchant promotions, discounts, Qpons, or vouchers.
In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this membership agreement (this "Agreement"). LoopQ may amend this Agreement from time to time by posting an amended version at our website (www.LoopQ.com) and posting a written notice of such change at LoopQ's web address or on the app. You agree to receive notice of any changed terms through www.LoopQ.com or through the LoopQ app. You will have an opportunity to accept or disagree to the revised terms and conditions by selecting the appropriate button ("Accept" or "Disagree"). If you don't select accept or disagree and you continue to use the Service, such amendment will be deemed accepted by you as of the effective date of the amendment. In the event you disagree to an amendment, this Agreement, as it pertains to you, will continue under its original provisions, and the amendment will become effective at the start of your next Term (unless You first terminate this Agreement pursuant to paragraph 14 (Term and Termination)).
1. LoopQ Merchant Services
LoopQ is an integrated marketing service that strategically connects you, the merchant with consumers who have specifically elected to receive information and promotional materials from you about your business (a "Loop").
As a condition of your use of the Service you agree to: (a) provide LoopQ with true, accurate, current and complete information as prompted by our Sign Up form when registering for or using the Service; and to (b) update and maintain the truthfulness, accuracy and completeness of such information. You also represent and warrant that you are a merchant located either in the United States (U.S.) or Canada, as the LoopQ Merchant Services are not yet available to companies outside the U.S. and Canada.
We offer three types of membership options for merchants: LoopQ Bronze, LoopQ Silver, and LoopQ Gold (the "Tiers" or "Tier"). A single membership cannot be shared among physical stores that may be under the control or ownership of a particular merchant or part of franchise; however, discounts are available for merchants with multiple stores or their franchisees. Once a month, or more frequently, depending on the Tier you've selected, we will provide you demographic information and data about the consumers who elected to be identified to you as part of their Loop. You are not provided specific names or contact information of any consumers. It is up to you to communicate and offer certain incentives to consumers that elected to be in your Loop. You must not use LoopQ or the Services to contact LoopQ consumers who did not elect to receive information or promotional materials from you.
The benefits of each Tier is available only while your membership is active and your LoopQ account is in good standing.
We reserve the right to modify the Tiers at any time and in our sole discretion. The details of your selected Tier, including the price and its various benefits, might be different than those details applicable to another new or existing member who purchased the same Tier in the same market. You may check your account online or contact LoopQ at email@example.com, if you have any questions.
We also provide opportunities for you and consumers to interact through LoopQ using consumer surveys and Qpons to further promote your business. Surveys are specific to your business, and include only feedback from consumers who elected to be in your Loop. These surveys are shared only with you and not published publicly.
We are not responsible for the accuracy of the information provided by consumers. While we attempt to verify the consumers registering with LoopQ are legitimate persons, we cannot make any guarantee regarding the accuracy of information or the legitimate status of a consumer.
2. Membership Fees, Billing Methods and Automatic Renewal
We use a third party payment processor to process all credit card payments and you agree to the use of such third party payment processor. You will be charged an annual fee for the Service based on the Tier you select, not including any promotions or discounts that may have been applied (the "Membership Fee"). Due to our promotions and discounts, your Membership Fee might be different than the amount paid by another new or existing merchant who purchased the same Tier as you. You may check your account online or contact us at firstname.lastname@example.org if you have any questions.
You acknowledge that we reserve the right, at any time, to modify our Membership Fees and billing methods. Membership Fees for the Service are on an annual basis (the "Term") and will be billed in advance by credit card or debit card through our third party payment processor.
3. Membership Renewals:
All memberships will be automatically renewed annually at the then current Membership Fee for the Tier you've selected, unless you cancel or terminate your membership as provided below or unless you opt out of the automatic renewal feature as provided below.
Your automatic annual renewal will be billed at the Membership Fee for the Tier you are then presently subscribed to (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with our third party payment processing provider. If the renewal of your annual membership fails for any reason, we will attempt to process your renewal for a period up to THIRTY DAYS (30) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by LoopQ). Except as otherwise required by applicable law, you agree that we will not provide you with any notices prior to each annual renewal payment.
If you were under a promotion or discount, when your annual renewal is due, you will be billed at the then established rate for the Tier you are then presently subscribed to for the new Term. Such annual renewal payment will take place on or about your expiration date.
Upgrading Your Plan:
We offer you the opportunity during your Term to upgrade your plan to take advantage of additional benefits. If you upgrade your Tier during the Term (e.g., from Bronze to Silver) your membership shall be upgraded to the new Tier (effective immediately upon upgrade) and you agree to pay a prorated Membership Fee cost (prorated based upon how many months remain in your then existing Term) for the upgraded Tier at that time. When your term comes up for renewal you will be renewed at the same Tier as your then current upgraded Tier.
Notice of Non-Renewal of Your Membership:
If you decide to cancel your membership, in order to avoid renewal, your cancellation request must be received no later than thirty days prior to your scheduled renewal date by contacting us by first class certified mail at QDH Enterprises, LLC, 4261 East University Dr. #30-374, Prosper, TX 75078 or by email at email@example.com.
4. LoopQ Consumer Services
LoopQ is an integrated marketing service that strategically connects you, the consumer, with businesses you specifically elect to receive information and promotional materials from (the "Loop").
As a condition of your use of the Service, you agree to: (a) provide LoopQ with true, accurate, current and complete information as prompted by our Sign Up form, when registering for or using the Service; (b) update and maintain the truthfulness, accuracy and completeness of such information; (c) you are located in the U.S. or Canada, and (d) that any data you provide is owned by LoopQ and can be used by us for any purpose.
You acknowledge that you are responsible for your interactions with a merchant and compliance with any merchant's agreement with its payment provider. You agree that you assume all risk and LoopQ shall in no way be responsible or liable for your interaction with a merchant.
5. Use Void Where Prohibited
Membership and use of the Service is void where prohibited.
LoopQ may, from time to time and in its sole discretion, offer certain products or services as incentives ("Incentives") to merchants to purchase a membership Tier or for consumers to sign on as a member. We are neither the seller nor manufacturer of the Incentives and disclaim any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against us relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that we have no responsibility for replacing the Incentive.
8. Account Security
When you sign up, either as merchant or consumer, you will create a user ID and a password. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
9. Limited License to Website and Surveys
By agreeing to the terms and conditions of this Agreement, we grant you a limited license to access and use the Service and Surveys for your personal use only. Personal use consists of evaluation of consumer data and information for your specific business, consumers selecting favorites, adding or using recipes, and generating or using surveys. You acknowledge and agree that you will not access, reproduce, transfer, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose any website content, without the express written consent of LoopQ. Non-personal use includes a merchant sharing the Service and Surveys with a parent company or affiliate, if applicable.
10. Publication and Distribution of Content
LoopQ does not guarantee the accuracy, integrity, quality, or appropriateness of any information (including but not limited to written information, pictures, graphics, tone, or language), that is passed or shared among members, whether you are a merchant or consumer (collectively referred to as, "Content"). You acknowledge that we simply act as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any Content posted by our merchant members ("Merchant Content). You understand that all Content and Merchant Content posted on, transmitted through or linked through LoopQ, are the sole responsibility of the person or entity from whom such Content or Merchant Content originated. You understand that we do not control, and are not responsible for Content or Merchant Content made available or linked through the Service, and that by using the Service, you may be exposed to Content or Merchant Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Merchant Content.
You further acknowledge that we have no obligation to screen, preview, monitor, or approve any Content or Merchant Content, to include merchant websites. However, we reserve the right to review and delete any Content or Merchant Content that, in our sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks associated with the use, accuracy, usefulness, completeness or appropriateness of any Content or Merchant Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will we be liable in any way for any Content or Merchant Content, including, but not limited to, any Content or Merchant Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Merchant Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against us relating to Content or Merchant Content, and release us from any and all liability for or relating to any Content or Merchant Content.
11. Merchant Providers
LoopQ does not endorse and is not responsible or liable for any Content, Merchant Content, data, advertising, products, goods or services available or unavailable from, or through, any merchant member (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, Merchant Content, data, advertisement, products, goods or services, available or unavailable from, or through any merchant member (which includes, but is not limited to, health care and wellness providers), we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any merchant member (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such merchant member (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve us. You should make whatever investigation or other resources that you deem necessary or appropriate before patronizing, hiring or engaging merchant members (which includes, but is not limited to, health care and wellness providers).
You agree that we are not responsible for the accessibility or unavailability of any merchant member (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, and you waive the right to bring or assert any claim against us relating to any interactions or dealings with any merchant member (which includes, but is not limited to, health care and wellness providers), and release us from any and all liability for or relating to any interactions or dealings with merchant members (which includes, but is not limited to, health care and wellness providers).
We may, in our sole discretion, have criminal and/or financial background checks conducted on certain merchant members. By having such background checks conducted, WE DO NOT WAIVE ANY OF OUR DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS PARAGRAPH, PARAGRAPHS 4 (LOOPQ CONSUMER SERVICES), PARAGRAPH 23 (WARRANTY DISCLAIMER), OR 24 (LIMITATION OF LIABILITY).
12. Healthcare Related Merchants
The content of our website and/or app, such as text, graphics, images, links, and other information obtained from our merchant and consumer members ("Website Content") are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the LoopQ Website or a linked website.
If you think you may have a medical emergency, call your doctor or 911 immediately. LoopQ does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on our website. LoopQ is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by LoopQ, LoopQ employees, others appearing on the website and/or app at the invitation of LoopQ, or other visitors to the website is solely at your own risk.
The website and/or app may contain health-related materials that are sexually explicit. If You find these materials offensive, you may not want to use our Website.
You should be aware that if you post any health-related information about yourself or anyone else on this website, you do so at your own risk. If you post Website Content about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual and related to the Website Content from that individual's health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Merchant Content that contain your private or confidential health information in response to Content you submit. LoopQ is not liable for any such Merchant Content. Please see Paragraph 9 (Publication and Distribution of Content) above for more information about LoopQ's responsibilities related to Merchant Content. Except as otherwise provided in this Agreement, neither LoopQ, nor any of its members, has any legal obligation to keep your health information confidential if you post it to this website and it may be used for purposes that are unintended by you or LoopQ.
13. Your Conduct
In connection with Your use of the Service, you represent and warrant that you:
(a) are at least eighteen (18) years old or are at least thirteen (13) years old and have your parent or guardian's permission to use LoopQ.
(b) if you are a parent or guardian you have the authority to grant permission to you minor children or ward to use LoopQ;
(c) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(d) will not submit any Content that may be considered by LoopQ to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(e) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with LoopQ, or otherwise attempt to mislead others as to the identity of the member or the origin any Content;
(f) will not introduce or corrupt our server, website, mobile application, or database with encrypted files or files that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our server, website, or database;
(g) will not access, download or copy any information contained on our website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(h) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(i) will not take any action that would undermine the purpose and scope of the Service;
(j) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(k) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(l) will not use the Service in any way that could interfere with the rights of LoopQ or the rights of other members using the Service;
(m) have sufficient rights in and to all Content that you provide, transmit or otherwise convey to LoopQ in connection with the Service;
(n) agree not to re-sell or assign your rights or obligations under this Agreement;
(o) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(p) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and Merchant Content and to prepare derivative works of, or to incorporate such Content and Merchant Content into other works, and to grant and to authorize sublicenses of the foregoing;
(q) agree not to create an account or use the Service if your account previously has been terminated by LoopQ or if you previously have been banned from using the Service; and
(r) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, LoopQ personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The feedback consumer members provide about merchants and the information and promotional materials provided by merchants do not reflect the views of LoopQ, its officers, managers, owners, employees, agents, designees or other users. In addition, we retain the right, in our sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. We may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, we may seek any and all other remedies available to us, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
14. User Contributions
Our website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blog commenting sections, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through our website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on our website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not LoopQ, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our website.
15. Monitoring and Enforcement; Termination
We have the right to:
(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS LOOPQ AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on our website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
16. Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our website may provide certain social media features that enable you to:
(a) Link from your own or certain third-party websites to certain content on our Website.
(b) Send emails or other communications with certain content, or links to certain content, on our website.
(c) Cause limited portions of content on our website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
(d) Establish a link from any website that is not owned by you.
(e) Cause our website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
(f) Link to any part of our website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
17. Links from Our Website
If our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites 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 our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. Disclosure of Information
As LoopQ continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
19. Term and Termination
All membership is an annual basis and will continue for automatic subscription renewals thereafter until termination by either party in accordance with the terms of this Agreement.
LoopQ may, for any reason in its sole discretion, immediately terminate this Agreement, your account and your access to the Service. If LoopQ merely terminates your account for its convenience and you are not in breach of this Agreement, we will refund your Membership Fee on a pro rata basis from the date of such termination to the end of the then current term.
Thirty days after termination of your membership will include removal of your access to all offerings of the Service, deletion of your password, and may include the deletion of all related information and files, Content, and Merchant Content associated with your account (or any part thereof), and barring your further use of the Service. You agree that we have the right to retain any information and data provided by you and that we own such information and data.
20. Modification, Limitation, and Discontinuance of Service
We reserve the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. You agree that we are not liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that we may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that any information or data, Content, or Merchant Content you provided will be retained. You agree that we have no responsibility or liability for the deletion or failure to store any communications maintained or transmitted by you or us. You agree that we have the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
22. Intellectual Property Rights
Aside from member-submitted Content and Merchant Content, our website and its 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 the LoopQ, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
In the event of any third party claim that the Service infringes that third party's intellectual property rights, LoopQ, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim. In the event of any third party claim that your possession and use of the Service infringes that third party's intellectual property rights, you, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim.
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
(d) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
(e) Modify copies of any materials from our website.
(f) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(g) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
(h) You must not access or use for any commercial purposes any part of the Website or any services or materials available through our website.
If you wish to make any use of material on our website other than that set out in this section, please address your request to firstname.lastname@example.org.
The LoopQ name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of LoopQ. All other names, logos, product and service names, designs, and slogans on our website are the trademarks of their respective owners.
24. Warranty Disclaimer
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT LOOPQ ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT, MERCHANT CONTENT, OR FAILURE BY THE SERVICE. LOOPQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT, MERCHANT CONTENT, OR INFORMATION YOU PROVIDE OR LOOPQ COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service.
You further represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
25. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOOPQ WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOOPQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT, INCLUDING MERCHANT CONTENT; (D) CONTENT, INCLUDING MERCHANT CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY LOOPQ OR THE FAILURE OF LOOPQ TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You understand and agree that your access to consumer information, the Content and ability to create Merchant Content on the Website represents a substantial portion of the value you receive from Your LoopQ Membership Fee. THEREFORE, TO THE EXTENT LOOPQ IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, LOOPQ'S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF MEMBERSHIP FEES (THE PRORATED VALUE OF THE ANNUAL MEMBERSHIP FEES OVER A ONE (1) MONTH PERIOD).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LOOPQ CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO LOOPQ THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR LOOPQ, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS PARAGRAPH SUFFERED BY YOU AS A RESULT OF THE FAILURE OF LOOPQ TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY LOOPQ. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF LOOPQ TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY LOOPQ. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS PARAGRAPH. YOU HEREBY UNDERSTAND AND AGREE THAT LOOPQ SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT, AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE LOOPQ'S SOLE RESPONSIBILITY.
YOU AND LOOPQ BOTH ACKNOWLEDGE THAT APPLE IS NOT RESPONSIBLE FOR ADDRESSING ANY CLAIMS OF YOU OR ANY THIRD PARTY RELATING TO THE SERVICE OR YOUR POSSESSION AND/OR USE OF THAT SERVICE, INCLUDING, BUT NOT LIMITED TO: (i) PRODUCT LIABILITY CLAIMS; (ii) ANY CLAIM THAT THE SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY, OR SIMILAR LEGISLATION. THIS AGREEMENT SHALL NOT BE CONSTRUED TO LIMIT LOOPQ'S LIABILITY TO YOU BEYOND WHAT IS PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless LoopQ, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content, Merchant Content, or other information provided by you to LoopQ or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. LoopQ will have sole control of the defense of any such damage or claim.
You agree that LoopQ may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the website. All notices to LoopQ will be provided by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to QDH Enterprises, LLC, 4261 East University Dr. #30-374, Prosper, TX 75078. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), LoopQ will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:
QDH Enterprises, LLC, 4261 East University Dr. #30-374, Prosper, TX 75078 Attn: DMCA Notice, Email: firstname.lastname@example.org
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work's copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(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 or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
(e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LoopQ will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
28. Governing Law
This Agreement and the relationship between you and LoopQ will be governed by the laws of the State of Texas, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Collin County, Texas and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that LoopQ may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
29. Provisions Remaining in Effect
In the event your membership with LoopQ is terminated or lapses or you are no longer a user of LoopQ, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Paragraphs 13 (Disclosure of Information), 17 (Copyright Materials), 18 (Warranty Disclaimer), 19 (Limitation of Liability), 20 (Indemnification), 21 (Notices), 24 (Miscellaneous), 25 (Entire Agreement).
30. Maintenance and Support
LoopQ is solely responsible for providing any maintenance and support services with respect to the Service as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of LoopQ's rights if LoopQ fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and LoopQ agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and LoopQ as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement. Further, Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions contained herein, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
32. Entire Agreement
This Agreement governs your use of the Service and constitutes the entire agreement between you and LoopQ. It supersedes any prior negotiations, discussions or agreements, whether written or oral, between you and LoopQ regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, merchants and others. You represent and warrant that those third party agreements do not interfere with your obligations to LoopQ under this Agreement and that your use of the Service complies with all relevant or applicable agreements you have made with third parties.