Terms of Service for LOAKL

Who are we?

LOAKL.com (“Company”) provides a technology platform that enables users to inquire about local availability for a given product and get a response as to the availability of the product or LOAKL’s ability to source the product (the “Services”).

Introduction

These terms of service govern your use of the LOAKL.com website,] (the “Website”); by using the Website, you accept these terms of service (the “Terms of Service”) in full and without reservation. If you disagree with the Terms of Service in all or in part, you must not use the Website.

Eligible users

You must be at least 18 (eighteen) years of age to use the Website. By using the Website and by agreeing to the Terms of Service, you warrant and represent that you are at least 18 years of age.

Service availability

LOAKL.com will make best efforts to provide access to the Website seven days a week, twenty-four hours a day.

LOAKL.COM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE OR SERVICES, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

LOAKL.COM HAS NO CONTROL OVER THE SERVICES PROVIDED BY THIRD PARTIES AND CANNOT ENSURE THE COMPLETION OF ANY ARRANGED SERVICE.

License to use Website

Unless otherwise stated, Company and/or its licensors are the owner of any materials published or used on the Website from time to time (the “Materials”). Materials may include logos, graphics, videos, images, software and other contents.

The Website is owned and operated by Company.

Subject to any restrictions stated in the Terms of Service, and your compliance with the Terms of Service, Company hereby grants you a limited, personal, non-exclusive and non-transferable license to use the Website solely for your personal use.

You must not:

  • reproduce, duplicate, copy or otherwise exploit any Material for a commercial purpose;
  • republish any Material in neither print nor digital media or documents (including republication on another website or mobile app);
  • sell, rent or sub-license any Material;
  • show any Material in public;
  • edit or otherwise modify any Material;
  • redistribute any Material – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of the Website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Geo-location

Company may make available certain functionality and services provided by third-parties that allow Company to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Acceptable use

You must not use the Website in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to the Website without Company’s express written consent.  This includes:

  • craping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • article ‘Spinning’

You must not use this Website or any part of it to transmit or send unsolicited commercial communications.

You must not use this Website for any purposes related to marketing without the express written consent of Company.

You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our website or equipment for any purpose.

Restricted access

Access to certain areas of the Website is restricted. Company reserves the right to restrict access to certain areas of the Website, or at its discretion, this entire Website. Company may change or modify this policy without notice.

If Company provides you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.

Company may disable your user ID and password at its sole discretion without notice or explanation.

No Warranties

Company does not promise or guarantee that the information provided in the Website is correct, current, or complete, and furthermore may contain technical inaccuracies or typographical errors. Company does not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website made available is free of viruses or other harmful components. You (and not Company) assume the entire cost of all necessary maintenance, repair, or correction. Company assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.

Limitations of Liability

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, managers, shareholders, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms of Service, and/or resulting from actions or omissions related to your interaction with Medical Service Providers.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Reasonableness

By using the Website, you agree that the exclusions and limitations of liability set out in the Terms of Service are reasonable.

If you do not think they are reasonable, you must not use the Website.

Severability

If any provision of the Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Breaches of the Terms of Service

Without prejudice to Company’s other rights under the Terms of Service, if you breach the Terms of Service in any way, Company may take such action as Company deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Changes to Terms of Service

Company may revise the Terms of Service from time-to-time. Revised Terms of Service will apply to the use of the Website from the date of the publication of the revised Terms of Service on the Website. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

The Terms of Service, together with Company’s Privacy Policy ([Insert Link to Privacy Policy]) constitute the entire agreement between you and Company in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

The Terms of Service will be governed by and construed in accordance with the laws of California, USA, and any disputes relating to the Terms of Service will be subject to the exclusive jurisdiction of the courts of California, USA.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Website is provided by LOAKL.com, located at 453 59th St Oakland CA 94609, (510) 710-1859. If you have a question or complaint regarding the Website, please contact Customer Service at info@LOAKL.com. You may also contact us by writing LOAKL.com 453 59th St, Oakland, CA 94609. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297.

Contact Us

If you have any questions about the Terms of Service or otherwise need to contact Company for any reason, you can reach us at Support Team at info@LOAKL.com.