LOOP DILOUP and its affiliates and subsidiaries ("LOOP DILOUP" or "we", "us", or the "Company") provides this website on the following terms and conditions, which you agree to accept when you use the website:
1. This Agreement constitutes a legal agreement between you ("you" or "User") and LOOP DILOUP.
By accessing, using or registering with us on our internet platform, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time.
2. By using this platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
3. LOOP DILOUP checks the backgrounds of Professionals via third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE LOOP DILOUP PLATFORM, THE REQUESTER AGREES TO HOLD LOOP DILOUP FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. LOOP DILOUP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
4. Requesters are obligated to pay in advance for the Professional Services and/or Merchandise they order through the LOOP DILOUP Platform. We will charge the Requester's credit card according to the amount the Requester has agreed to on the LOOP DILOUP Platform with respect to all Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service, and the Requester hereby authorizes us to charge the credit card on file in the Requester's LOOP DILOUP Platform account for such amounts. By accepting this Agreement, you are giving LOOP DILOUP (or a third-party payment processor on LOOP DILOUP’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe LOOP DILOUP. Depending on the transaction you selected or services requested, LOOP DILOUP may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with LOOP DILOUP at the prices in effect when such charges are incurred.
We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying LOOP DILOUP. Requesters must notify LOOP DILOUP by changing the date or hours of the requested Professional Service through the LOOP DILOUP Platform. All Payments by Requesters must be made through the LOOP DILOUP Platform.
In the course of the use of this application, information about you may be collected by the application and by third-parties utilizing LOOP DILOUP or from which you accessed LOOP DILOUP (such as Amazon.Com, Twilio, Facebook, etc.) including such information as your tele[phone number, location, internet browser, email address, and the like. You agree that we may collect and use such information to the extent it is for the purposes related to the success or improvement of this application or the functions and purposes of this Agreement.
5. The rate per hour for a Professional Service ("Job Rate") depends on various factors, such as location and frequency, and other factors. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
6. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us. We may terminate this Agreement or terminate or suspend your right to use the LOOP DILOUP Platform at any time for any or no reason by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. You may terminate this Agreement by completely and permanently ceasing to use the LOOP DILOUP Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the LOOP DILOUP Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by LOOP DILOUP.
7. When a Professional cancels a scheduled Professional Service appointment, the LOOP DILOUP Platform generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, LOOP DILOUP cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed.
8. LOOP DILOUP provides a software platform which allows you to connect with independent Professionals. LOOP DILOUP is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of LOOP DILOUP for any purpose whatsoever.
9. The LOOP DILOUP Platform, and the information, data, content and materials, which it contains ("LOOP DILOUP Materials"), are the property of LOOP DILOUP and/or its affiliates and licensors, excluding User-generated content, which LOOP DILOUP has a right to use as described below. The LOOP DILOUP Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. LOOP DILOUP and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the LOOP DILOUP Materials. Any use of LOOP DILOUP Materials, other than as expressly permitted herein, is prohibited without the prior permission of LOOP DILOUP and/or the relevant right holder. The service marks and trademarks of
LOOP DILOUP, including without limitation. LOOP DILOUP.com and the LOOP DILOUP logo are service marks owned by LOOP DILOUP. Any other trademarks, service marks, logos and/or trade names appearing on the LOOP DILOUP Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the LOOP DILOUP Platform without the express prior written consent of the owner.
10. The term "Confidential Information" shall mean any and all of LOOP DILOUP's trade secrets, confidential and proprietary information, personal information and all other information and data of LOOP DILOUP that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. You acknowledge that Confidential Information is a valuable, special and unique asset of LOOP DILOUP and agree that you will not use Confidential Information other than as necessary for you to make use of the LOOP DILOUP Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify LOOP DILOUP in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information.
11. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LOOP DILOUP PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER LOOP DILOUP NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE LOOP DILOUP PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE LOOP DILOUP PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LOOP DILOUP PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE LOOP DILOUP PLATFORM OR THIS AGREEMENT.
YOU AGREE NOT TO HOLD LOOP DILOUP, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE LOOP DILOUP PLATFORM.
12. LOOP DILOUP AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE LOOP DILOUP PLATFORM. THE LOOP DILOUP PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE LOOP DILOUP PLATFORM CONNECTS A USER TO A THIRD-PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, LOOP DILOUP WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE LOOP DILOUP FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. BECAUSE LOOP DILOUP IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE LOOP DILOUP AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
13. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE LOOP DILOUP PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD-PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE LOOP DILOUP PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE LOOP DILOUP PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
15. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the LOOP DILOUP Platform. You are solely and fully responsible for all activities that occur under your password or account, except that LOOP DILOUP may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. LOOP DILOUP has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediatel. Nothing in this section shall affect LOOP DILOUP's rights to limit or terminate the use of the LOOP DILOUP Platform, as provided below in this agreement.
16. You will provide us with such proof of identity as we may reasonably request from time to time.
17. By providing your phone number and using the LOOP DILOUP Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the LOOP DILOUP Platform.
You agree to LOOP DILOUP’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by LOOP DILOUP. During this process, LOOP DILOUP and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to LOOP DILOUP’s use and disclosure of this call data for its legitimate business purposes.
18. LOOP DILOUP may send you confirmation and other transactional emails regarding the Professional Services. LOOP DILOUP may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
19. If a Dispute between LOOP DILOUP and you is not resolved, you agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration governed by the Federal Arbitration Act under the Commercial Arbitration Rules of the American Arbitration Association in the City of New York.
20. This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.
21. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent.
22. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and LOOP DILOUP with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred.
23. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the LOOP DILOUP Platform. Your continued use of the LOOP DILOUP Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.