TERMS OF USE

This mobile application, as well as all associated websites (collectively referred to as the “App”) is operated by Loosid App LLC (“us/we/our”). “You/your” means you as a user of the App. “User” means all users of this App. We offer this App, including all information, products and services available from this App, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your continued use of the APP constitutes your agreement to these Terms of Use.

By accessing this App, you agree to be bound by the Terms of Use set forth herein. If there is anything you do not understand, please email any inquiry to info@loosidapp.com. If at any time you do not agree to these Terms of Use, please do not use this App.

You shall not use the App for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the App in a way that may cause the App to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the App is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the App.

1. Intellectual Property Ownership and Use

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this App shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you the limited right to access and make use of the App as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the App or any image, page layout, page design, trade dress, trademark, logo or other content (“App Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy App Content; c) use any meta tags, search terms, key terms, or the like that contain the App’s name or our trademarks; d) engage in any activity that interferes with the App or another user’s ability to use the App; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the App and the goods or services offered on the App; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You may not shall not use, copy, distribute, or exploit any of the App Content in any manner without our prior written permission.

All App Content and all materials and content contained within the App, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the App, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

2. Your Account

Certain features of the App are only available to registered Users who have created an account with us. To register a User account, you will be required to provide us with your email address and a password that you select, along with other information we request, which will be used by us to create your User account. It is your sole responsibility to: (a) maintain the confidentiality of your chosen password; (b) promptly notify us if there is any unauthorized use of your account; and (c) provide us with current and accurate information. You are responsible for any activity arising from any failure by you to keep your password confidential, and you may be held liable for any losses arising from such a failure. You may also be able to register or login to the App using certain social media accounts, such as Facebook or Google. Please note that if you choose to connect your social media contacts and address book information with us, we may collect contact information for your listed friends pursuant to the terms of your social media account. In such case, you represent and warrant that you are authorized to provide us with all such contact information and are in compliance with your agreements with any such social media accounts.

You agree to provide true and complete information during the User registration process, and maintain and promptly update such information to ensure that such information is accurate and current at all times. Through the App messaging system, Users will be able to communicate directly with each other Any time a message is delivered to your User account, you will receive a text message and/or e-mail notification from us at the phone number and/or e-mail address associated with your User account. In order to view, respond to, or send any message, you will be required to login your User account. Please note that each received or sent message will be saved by us indefinitely unless or until such information is removed by us either manually or automatically, in our sole discretion, subject to applicable law.

If you choose to communicate or meet with other users of the App, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the App.

3. Infringement Notice

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the App, please notify us by sending an email at the following address: info@loosidapp.com.

In order for us to more effectively assist you, the notification must include all of the following:

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

b. A description of the copyrighted work or other right you claim has been infringed or violated;

c. Information reasonably sufficient to locate the material in question within the App;

d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

4. Errors and Inaccuracies

We strive to provide complete, accurate, up-to-date information within the App. Unfortunately, despite those efforts, human or technological errors may occur. The App may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

5. Changes to App or These Terms of Use

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the App (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the App or any portion of it.

We may alter these Terms of Use from time to time, and your use of the App (or any part of the App) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the App.

The App is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the App or because of a failure, suspension or withdrawal of all or part of the App.

6. External Sites and Resources

We are not responsible for the availability of any apps or websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party apps or websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

7. App Services and User Conduct

The App contains or may contain various interactive portions, such as a User forum, User message capabilities, or other types of interactive features that allow users to post content on our App (“App Services”). We have no obligation to actively monitor the App Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any User comments or other content that may be posted or communicated by a user. User comments and other content communicated by a user (“User Content”) express the views and opinions of the User and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to info@loosidapp.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.By using this App, you agree that you shall not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court;

• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any portion of the App;

• use the App for any purpose that is not expressly permitted by these Terms;

• copy, store or otherwise access any App Content or information for purposes not expressly permitted by these Terms of Use;

• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

• interfere with or damage the App, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

• use the App to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

• use the App in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;

• “stalk” or harass any other User of the App, or collect or store any personally identifiable information about any other User other than for purposes of transacting business pursuant to these Terms of Use;

• register for more than one User account or register for a User account on behalf of an individual or entity other than yourself;

• recruit or otherwise solicit any other User to join third-party services, apps, or websites that are competitive to us;

• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

• use automated scripts to collect information from or otherwise interact with the App;

• post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

• systematically retrieve data or other content from the App to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• access, tamper with, or use non-public areas of the App, our systems, or the technical delivery systems of our providers;

• attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the App;

• in any way use the App to send altered, deceptive or false source-identifying information;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

We do not endorse or independently verify any User. Users are required by to provide accurate information, and although we may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User.

We do not and cannot guarantee that any User is trustworthy, safe or suitable. We therefore strongly recommend that you always exercise due diligence and common sense when deciding whether to do business with another User, meet another User in person, purchase or sell any Product, or have any other interaction with any other person. We are not responsible for any damage or harm resulting from your interactions with other Users or any person you may meet or contact via the App.

User Content becomes public information to other Users of the App. Do not post any information you do not wish to become public.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device and/or computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

If you submit any User Content to this App, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

8. Payments

We accept credit cards through our third-party payment processors. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

Your credit card will be automatically charged for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the sales or use tax on those purchases unless exempt under local state law.

9. Disclaimers

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WITHIN THE APP. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION BY US. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE APP, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR BUGS OR IS FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.AS SET FORTH IN THE APP PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE APP AND/OR ANY INFORMATION PROVIDED TO OR TAKEN FROM THE APP BY YOU.

10. Limitations on Liability

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

11. Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE APP, OR THE USE BY ANY OTHER PERSON ACCESSING THE APP USING YOUR ACCOUNT.

12. Resolution Of Claims or Disputes.

Any disputes arising out of or regarding these Terms of Use will be governed by the laws of the State of New York, applicable to agreements made and performed in New York. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of these Terms of Use, our Privacy Policy, and/or your use of the App shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in New York, New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Uset, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Manhattan, New York City, New York.

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Use, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with USPA LLC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

(h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to these Terms of Use, the laws of the State of New York shall be applied, without regard to choice of laws.

(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

13. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

14. Notice for California Users

Under California Civil Code Section 1789.3, residents of California who use this App are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

15. Miscellaneous

If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the App (as may be amended from time to time) (“App Agreements”) contain the entire agreement between you and us relating to the App and your use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these App Agreements. You confirm that, in agreeing to accept these App Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these App Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these App Agreements.

You may send us notices or communicate with us by email at info@loosidapp.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

DATE LAST MODIFIED _2018