BY ACCESSING OR USING THE DIGITAL SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE DIGITAL SERVICES. SPECIFICALLY, PLEASE TAKE NOTICE THAT WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US REGARDING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS, INCLUDING CLASS ACTION LAWSUITS, IN COURTS AND ONLY SPECIFIC REMEDIES ARE AVAILABLE TO YOU. Read more in section 24. Dispute Resolution (Arbitration Clause and Class Action Waiver).
In the Highlights section, we provide an overview of the terms and conditions that apply to your access to or use of a U.S. website, mobile app or other digital service (each a “Digital Service”) operated by Look Outdoors, LLC or one of its affiliates (“we”, “us”, “our”, “Look Outdoors” ).
The Digital Services include a platform for listings and information services. LOOK OUTDOORS IS NOT A BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY ITEM LISTED ON THE DIGITAL SERVICES. LOOK OUTDOORS HAS NEVER: (I) HELD TITLE OR OWNED ANY ITEM LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY ITEM LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY ITEM LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
1. Application and Acceptance of this Agreement
along with our Privacy Notice, any FAQs, and any additional guidelines,
terms, procedures or rules that may apply to a specific feature of the Digital
Services (collectively, the “Agreement”) that are owned or operated by Look
Outdoors, LLC or its affiliates (“we”, “us”, “our”, “Look Outdoors”), are a contract in electronic form between you (“you,”
“your,” and “yourself”) and Look Outdoors. This Agreement applies to the
extent you use the Digital Services to (a) act as a “Buyer” submitting bids
expressing an intent to purchase items or products and services listed by
Sellers on the Digital Services, (b) act as a “Seller” submitting information in
connection with the listing of an item or other product or service on a Digital
Service by Look Outdoors on your behalf or (c) as a visitor, registrant or user
in any other capacity permitted by these terms (together with “Buyers” and
“Sellers”, collectively, “Users”). This Agreement sets forth the legally binding
terms governing your access and use of the Digital Services. This Agreement
applies to Look Outdoors and its affiliates only and does not cover other
companies, including third parties that may advertise or sponsor content,
products or services on the Digital Services or any third-party platforms
(such as social media platforms or app stores) or other channels that you
may use to access the Digital Services or any Content (as defined below
The Digital Services and Content are for general information, discussion and entertainment purposes only. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the Digital Services. We make no representations or guarantees about any aspect of the Digital Services and Content and do not endorse any opinions expressed by any Users. THE DIGITAL SERVICES AND ALL CONTENT ARE PUBLISHED “AS IS” AND YOUR USE OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.
2. Our Role
The Digital Services include a platform for vehicle listings and information
services. We are not the creator or owner of the items posted on the Digital
Services by Sellers for Buyers to bid on. Rather, we provide the Digital
Services, which enable Users to access certain features and functionalities,
including posting vehicles and other products and services, and bidding on
such products and services. Sellers are responsible for ensuring that any of
their User Content meets all applicable local, state, provincial, national and
other laws, rules and regulations, and that any goods (including vehicles)
and services promoted, offered or otherwise described on the Digital
Services are described in listings, and/or delivered as described, in an
accurate satisfactory manner. For any payment processing related to
Purchases made on the Digital Services, if the Seller or third party
responsible for the applicable vehicle or other good or service selects a
payment processing method that uses a third party to process the payment,
then we do not process that payment transaction.
As part of the Digital Services, Look Outdoors may assist Sellers in the creation of their listings (including the content of such listing) but it remains each Seller’s responsibility to make sure that its listings are accurate.
LOOK OUTDOORS IS NOT AN BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY ITEM LISTED ON THE DIGITAL SERVICES. LOOK OUTDOORS HAS NOT EVERNEVER: (I) HELD TITLE FOR OWNED ANY ITEM LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY ITEM LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY ITEM LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.
3. Privacy Notice
In connection with your access to or use of the Digital Services, we may obtain information from you directly or about you through the Digital Services. We will use your information in accordance with our Privacy Notice, which describes our privacy practices as well as choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice. The Privacy Notice is incorporated into this Agreement and forms part of the Agreement.
4. Accuracy of Your Information & Communication Methods
The information you submit to us through the Digital Services, including as
part of your account creation, registration or membership, or for any listings,
must be truthful, accurate and current. You are responsible for maintaining
the accuracy of such information. If we believe that your information is not
truthful, accurate or current, we have the right to terminate, suspend or
refuse you access to the Digital Services.
We may send you information relating to your use of the Digital Services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
5. Age Eligibility and Legal Capacity
The Digital Services are not intended for access or use by children, especially
those under the age of 13. If you are under the age of 13, you may not
access or use the Digital Services or provide information to us.
By accessing or using the Digital Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the Digital Services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the Digital Services.
6. Your Account; Username, Password and Other Credentials
(a) You may set up an account to access or use the Digital Services. You are responsible for maintaining the confidentiality of your username, password and other credentials (your “Credentials”) that you may be asked to create to access the Digital Services or certain features or portions thereof. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Look Outdoors of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.
(b) Look Outdoors may in its sole discretion maintain different types of accounts for different types of Users. If you open an account to use or Access the Digital Services on behalf of a company, organization or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement and that you agree to the Agreement on the entity’s behalf.
7. Intellectual and Other Proprietary Rights
The rights granted to you in this Agreement are subject to the following restrictions:
Any future release, update, or other addition to functionality of the Digital
Services or Content shall be subject to this Agreement. All copyright and
other proprietary notices on any Digital Services content or materials must
be retained on all copies thereof. Modification or use of the Digital Services
(including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may be a violation of the
copyrights and/or trademarks protected by law and this Agreement.
If you provide Look Outdoors any feedback or suggestions for improving or regarding your use of the Digital Services (“Feedback”), you hereby assign to Look Outdoors all rights in the Feedback and agree that Look Outdoors shall have the right to use such Feedback and related information in any manner it deems appropriate. Look Outdoors will treat any Feedback you provide to Look Outdoors as non-confidential and non-proprietary. You agree that you will not submit to Look Outdoors any information or ideas that you consider to be confidential or proprietary.
8. User Content
“User Content” means any and all information and content that a User
submits to, or uses with, the Digital Services (e.g., photos, audio, video,
messages, text, files, or other content you provide us, including any listings
that appear on the Digital Services (regardless of any role that Look
Outdoors has in the listing)), except any Feedback. You are solely
responsible for your User Content. User Content may include unsolicited or
invited submissions. You assume all risks associated with use of your User
Content, including any reliance on its accuracy, completeness or usefulness
by others, or any disclosure of your User Content that makes you or any third
party personally identifiable. You may not state or imply that your User
Content is in any way provided, sponsored or endorsed by Look Outdoors.
Because you alone are responsible for your User Content (including backing
up your data), you may expose yourself to liability. Under no circumstance
will Look Outdoors be liable for any inaccuracy or defect in any User Content.
You hereby grant, and you represent and warrant that you have the right to grant, to Look Outdoors an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Users of the Digital Services are solely between you and such User. You agree that Look Outdoors will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Digital Services, we are under no obligation to become involved. We are not a party to any vehicle sale contract between any Buyer and Seller that originates on or through the Digital Services and you are solely responsible for any of your interactions with other Users (including transacting for a Purchase involving any item). Additionally, you acknowledge that other Users may post comments about your User Content which may be derogatory, and Look Outdoors has no obligation to monitor or delete any such User Content. Look Outdoors may remove or modify any User Content without notice or liability at any time in Look Outdoors’s sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Look Outdoors shall have no liability for your interactions with other Users, or for any User’s action or inaction.
9. User Submissions
You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other User generated submission, and may use your name and any stories you provide us in articles or other features published on the Digital Services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Look Outdoors can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the Digital Services or our publications, advertising or sponsored content.
From time to time, the Digital Services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to through the Digital Services.
If we become aware of a User’s violation of this Agreement, including the
rights of any other User or third party, we may take certain remedial steps,
including refusing access to the Digital Services to any person or entity and
change eligibility requirements at any time.
If we become aware that any of our Users has repeatedly infringed the proprietary rights of any third party, we may take steps to terminate that User’s access to the Digital Services. We reserve the right (but have no obligation) to review information we obtain from or about you and your use of the Digital Services, to investigate, and/or to take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the Digital Services (including any User account, registration or membership), legal action and/or reporting you to law enforcement authorities. If Look Outdoors elects to modify User Content, Look Outdoors nonetheless assumes no responsibility for the User Content.
Look Outdoors reserves the right to investigate suspected violations of this Agreement, including without limitation, any violation arising from any information obtained about you (including unsolicited or invited submissions), postings or emails you make on or send through the Digital Services. Look Outdoors may seek to gather information from the User who is suspected of violating this Agreement and from any other User. Look Outdoors may suspend any Users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Look Outdoors believes, in its sole discretion, that a violation of this Agreement has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn Users, suspend Users and passwords, terminate accounts, or take other corrective action it deems appropriate. Look Outdoors may cooperate with law enforcement authorities or court order requesting or directing Look Outdoors to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS LOOK OUTDOORS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LOOK OUTDOORS (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS AND ITS AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER LOOK OUTDOORS OR LAW ENFORCEMENT AUTHORITIES.
11. Your Conduct and Responsible Use of the Digital Services
Please act responsibly when using the Digital Services. The following rules are a condition of your access to or use of the Digital Services and Content:
We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of this Agreement, including the following:
If you’ve violated this Agreement, then you’re also responsible for damages to Look Outdoors caused by your violation of this Agreement.
If we close your user account or terminate your use of Digital Services for any reason, we’ll provide you with notice of our actions.
You are responsible for all claims, fees, fines, penalties and other liability incurred by Look Outdoors, any user account holder, or a third party caused by or arising out of your breach of this Agreement, and/or your use of Digital Services.
12. Availability of and Modification to the Digital Services and Content
We do not guarantee that any or all of the Digital Services or any Content will be made available through the Digital Services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the Digital Services, Content or any part, feature or service of the Digital Services at any time with or without notice to you. You agree that Look Outdoors will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Digital Services, Content or any part thereof.
13. Fees, Purchases and Referrals
(a) Payment of Fees.
You agree to pay any applicable fees (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees and Seller listing fees set forth on our website in connection with bids or for any purchases you make of any products, features and/or services (“Purchases”) listed on the Digital Services, including, without limitation, any applicable sales, uses or similar taxes or charges. Certain products, fee-based services or features that you purchase, access or download via the Digital Services may be subject to additional terms and conditions presented to you at the time of purchase, access or download.
All payments made by you to Look Outdoors shall be facilitated through Stripe, Inc., Look Outdoors’s third party payment processing service. Stripe’s terms of service can be found at https://stripe.com/us/terms. All information that you provide in connection with a Purchase (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees and Seller listing fees) must be accurate, complete, and current. You agree to pay all charges incurred by any users of your credit card, debit card, or other payment method used in connection with a Purchase on the Digital Services at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes, if any, relating to any Purchase
For any Purchases you make directly from a Seller on or through the Digital Services that involve payment processing, if such Seller selects a payment processing method that uses a third party to process the payment, then we do not process the transaction.
Prices listed for vehicles or any other products or services listed by Sellers on the Digital Services are set by the Sellers and Look Outdoors is not responsible setting or negotiating any prices or related fees. Listed prices set by the Sellers on the Digital Services may exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law. A Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.
All amounts listed on the Digital Services are in U.S. dollars.
(b) No Refunds. All Purchases made from a Seller using the Digital Service are between the applicable Buyer and Seller; for that reason, in the event you seek a refund related to a Purchase or have any questions, you must directly contact the applicable Seller.
(c) Bidding and Auction.
(i) Reserve and Publication
In order to use the Digital Services to list a vehicle or other product, a Seller is required to indicate whether there is a minimum price at which the Seller is willing to consider a sale to a Buyer (the “Reserve”) or whether no such minimum bid is required (“No Reserve”). A Seller may reduce or waive a Reserve during the auction by notifying Look Outdoors of such change via email or, if available, look Outdoors’s web-based notification tools made available to Seller. LO will only approve a listing for publication on the Digital Services once a Seller has either selected a Reserve or selected “No Reserve” for the applicable listing.
(ii) Seller Acknowledgment
If you or any other User submits a vehicle or other product or service to sell on the Digital Services, and we accept such vehicle, product or service, then you, or such other User, are considered a “Seller” on the Digital Services. You are responsible in all respects for the User Content and any other information related to any item, product or service you decide to sell. You are also fully responsible in all respects for consummating the transaction with the applicable Buyer in accordance with the Agreement.
IN THE EVENT A USER ACCESSES OR USES THE DIGITAL SERVICES TO SELL A ITEM OR OTHER PRODUCT OR SERVICE AS A “SELLER,” ANY SUCH USER HEREBY ACKNOWLEDGES AND AGREES THAT FOLLOWING PUBLICATION AND FOR THE PERIOD THAT SUCH SELLER’S LISTING IS MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES, SUCH SELLER MAY NOT LIST, POST OR OTHERWISE MAKE AVAILABLE THE APPLICABLE ITEM OR OTHER PRODUCT OR SERVICE ON ANY OTHER AUCTION, DEALERSHIP, OR LISTING SERVICE. FURTHERMORE, EACH SELLER HEREBY ACKNOWLEDGES AND AGREES THAT AT ANY TIME FOLLOWING PUBLICATION, SELLER’S LISTING MAY BE REMOVED BY LOOK OUTDOORS (IN OUR SOLE DISCRETION).
(iii) Buyer Acknowledgment
Each Buyer acknowledges and agrees that (i) the Buyer fees associated with each bid submitted via the Digital Services are binding and thus due and payable to Look Outdoors in accordance with the Agreement, and (ii) Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Digital Services . If you decide to bid on an item that has been listed by a Seller on the Digital Services, you acknowledge and agree that your bid constitutes the first non-binding step in expressing your interest to a Seller in the listed item and does not in and of itself create a formal contract between you as the Buyer and such Seller. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a formal contract. This contracting is outside of the scope of this Agreement and the Digital Services, neither of which bind the parties to each other. Buyer’s responsibility for any shipping or delivery fees shall be set forth in the formal agreement between the applicable Seller and Buyer.We do not inspect any item or any other goods that a Seller lists on the Digital Services. You acknowledge and agree that Look Outdoors bears no risk associated with purchasing a vehicle from a Seller listed via the Digital Services
If you have a dispute with one or more Users of the Digital Services (including merchants) or any other third parties, you release Look Outdoors (and its affiliates, service providers, partners, and its and their respective co- branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold Look Outdoors (and its affiliates, service providers, partners, and its and their respective co-branders, licensors, payment processing partners, other partners and officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expenses (including, without limitation, costs and reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any User or third party (each, a “Claim”) due to or arising out of (a) your use of the Digital Services or Content, (b) information you provide or we obtain about you and your use of the Digital Services, (c) your violation of this Agreement; (d) your violation of applicable laws or regulations or (e) the actions or inactions of any third party to whom you grant permission to use your user account to access the Digital Services (including the sharing of your Credentials). Look Outdoors reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of Look Outdoors. Look Outdoors will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE DIGITAL SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE
(AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY WARRANTIES
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-
INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY
THAT THE DIGITAL SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL
BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER
HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
LOOK OUTDOORS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LOOK OUTDOORS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. LOOK OUTDOORS CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.
AS PART OF THE DIGITAL SERVICES, LOOK OUTDOORS MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT AN ITEM OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER ARE COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), LOOK OUTDOORS IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR ITEMS OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. LOOK OUTDOORS ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. LOOK OUTDOORS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL LOOK OUTDOORS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS OF THE DIGITAL SERVICES, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH LOOK OUTDOORS OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. LOOK OUTDOORS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17. Limitation of Liability
IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS,
PARTNERS, AND OUR AND THEIR RESPECTIVE CO-BRANDERS, LICENSORS,
PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE
PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN
TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY, OR OTHERWISE) LOST PROFIT, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO
THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL
SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LOOK OUTDOORS IS NOT LIABLE, AND YOU AGREE NOT TO HOLD LOOK OUTDOORS RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES; (2) DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE DIGITAL SERVICES; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE DIGITAL SERVICES; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES; (5) ACTIONS, OR INACTIONS OF OTHER USERS; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT; OR (7) YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID LOOK OUTDOORS IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT NEITHER OUR AFFILATES, SERVICE PROVIDERS OR PARTNERS NOR THEIR RESPECTIVE CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL HAVE ANY LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO IN THOSE STATES OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
18. Third Party Services and Ads
The Digital Services might contain links to third-party websites, apps or other services (e.g., social media platforms), and advertisements for third parties (collectively, “Third-Party Services & Ads”). Such Third-Party Services and Ads are not under the control of Look Outdoors and Look Outdoors is not responsible for any Third-Party Services and Ads. Look Outdoors provides these Third-Party Services and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and Ads. When you use Third-Party Services and Ads, you do so at your own risk. When you link to Third-Party Services and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
19. Third Party Affiliate Marketing
We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of our Digital Services. This means that we may earn a commission when you click on or make purchases via third-party affiliate links.
20. Local Regulations
21.Term and Termination
by any means and continue in effect until they are validly terminated. As
described below, some terms remain applicable even after termination.
Look Outdoors may, in its sole discretion, terminate your Credentials (including your password, account (or any part thereof)) or use of the Digital Services, or remove and discard any User Content or information stored, sent, or received via the Digital Services without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Digital Services (including through the sharing of your Credentials), (ii) any unauthorized access or use of the Digital Services (including through the use of your Credentials), (iii) any violation of this Agreement, or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Digital Services. You may terminate your user account for any reason or no reason. Termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services shall not affect any right or relief to which Look Outdoors may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Look Outdoors and its licensors and all rights granted by you to Look Outdoors shall survive in perpetuity.
Notwithstanding any termination, suspension, or cancellation of this Agreement or your access rights to the Digital Services, the following provisions of this Agreement will survive: Sections 2 – 30.
22. Entire Agreement
This Agreement (including the Privacy Notice and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the Digital Services) constitutes the entire agreement between you and us regarding the use of the Digital Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
23. Changes to this Agreement
We may revise, prospectively, this Agreement by posting an updated version on the Digital Services or by providing you with notice (by email or other notification through the Digital Services). You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the Digital Services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the Digital Services will be deemed as irrevocable acceptance of any revisions.
24. Dispute Resolution (Arbitration Clause and Class Action Waiver)
24.1 Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Look Outdoors arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Digital Services.
24.2 YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND LOOK OUTDOORS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND LOOK OUTDOORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
24.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Look Outdoors must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in your choice of the following location: New York, NY. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York City, New York. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York City, New York.
25. No Waiver
No failure or delay by Look Outdoors in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
26. Governing Law
This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the State of New York, USA without giving effect to any law that would result in the application of the law of another jurisdiction
27. Notice to California Users
Under California Civil Code Section 1789.3, California users of the Digital Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
28. Copyright Infringement Claims Policy
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Digital Services have designated an agent to receive notices of claims of copyright infringement: Copyright Agent, 300 West 57th Street, New York, New York, 10019, fax: 212-649- 2035; email@example.com. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:
We may give notice to our Users that we have received a notice of infringement by means of a general notice on our site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to a User’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter- notification must be a written communication that includes the following:
We have a policy of terminating access to our Digital Services of any User who repeatedly infringes the proprietary rights of any third party.
29. Apple App Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using
an app from the Apple App Store (an “Apple App”). To the extent the other
terms and conditions of this Agreement are less restrictive than, or otherwise
conflict with, the terms and conditions of this Section 29, the more restrictive
or conflicting terms and conditions in this Section 29 apply, but solely with
respect to Apple Apps from the Apple App Store.
Acknowledgement: Look Outdoors and you acknowledge that this Agreement is concluded between look Outdoors and you only, and not with Apple, and Look Outdoors, not Apple, is solely responsible for the Apple App and the content thereof. To the extent this Agreement provides for usage rules for Apple App that are less restrictive than the usage rules set forth for the Apple App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License:The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service
Maintenance and Support:Look Outdoors is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. Look Outdoors and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
Warranty:Look Outdoors is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Look Outdoors’s sole responsibility.