THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH LOCLITE LLC. OFFERS YOU ACCESS TO THE LOCLITE PLATFORM.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Loclite LLC (“Loclite,” “we,” “us” or “our”), a Delaware corporation, governing your use of the Loclite application, website, and technology platform (collectively, “Loclite”).
The Loclite Platform provides a marketplace where persons who seek local expertise (“travelers”) are paired with individuals (“loclites”) who provide such local experiences. Experiences include but are not limited to, taking you to restaurants, shops, museums, parks, various neighborhoods, and more. A loclite creates an itinerary based on mutually agreed upon preferences.
IT IS UP TO THE LOCLITE TO DECIDE WHETHER OR NOT TO OFFER AN EXPERIENCE TO A TRAVELLER THEROUGH THE LOCLITE PLATFORM, AND IT IS UP TO THE TRAVELLER TO DECIDE WHETHER OR NOT TO PARTICIPATE. ANY DECISION BY A TRAVELLER TO OFFER OR ACCEPT SERVICES ONCE SUCH TRAVELLER IS MATCHED THROUGH THE LOCLITE PLATFORM IS A DECISION MADE IN SUCH TRAVELLER’S SOLE DISCRETION. EACH INDIVIDUALLY PURCAHSED LOCLITE PACKAGE SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By using the Loclite website and any affiliated services, including any Loclite mobile site, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE LOCLITE PLATFORM OR THE SERVICES. By agreeing to our terms and conditions and submitting a request to become a Loclite by submitting an application to perform such services, you hereby agree to all provisions contained herein.
Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. You are responsible for regularly reviewing this Agreement. Continued use of the Loclite Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Loclite site, participate in a Loclite experience, or utilize any other services offered by Loclite.
The Loclite Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Loclite Platform is not available to children (persons under the age of 18) or Loclites who have had their User account temporarily or permanently deactivated. By becoming a Loclite, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Travellers, or agents on their behalf, pay Loclite a fee to receive Loclite’s services. A percentage of this fee shall be provided to the loclite upon satisfactory completion of the local experience. Loclite, at its sole discretion, can determine whether services are “satisfactorily completed” and can withold payment at its sole discretion.
Payments remiburse loclites for their time in guiding travellers. Loclites under no circumstances are reimbursed by Loclite for meals, admission fees, incidental fees, transportation fees, or any other fees incurred in the course of carrying out Loclite services.
Gratuity: Travelers, at their sole discretion, may choose to provide Loclites a gratuity. Gratuities are provided in cash. It is expressly prohibited for a Loclite to request a gratuity or in any way suggest that a traveler should provide a gratuity. Requesting a gratuity or suggesting that a traveler provide a gratuity is grounds for immediate termination of any affiliation you might have with Loclite.
Cancellation: Canceling a booking with Loclite can result in cancellation fees, as outlined below:
If travellers cancels at least 14 calendar days in advance, there is no cancellation fee. If you cancel between 7 and 13 calendar days in advance, travellers will be charged a 50% cancellation fee. If traveler cancels within 6 calendar days in advance of the Loclite experience, traveler will be charged a 100% cancellation fee. Applicable taxes will be retained and remitted.
For any cancelled Loclite experience, the loclite shall receive a percentage of the payment received identical to the payment percentage had cancellation not occured. To avoid confusion, if a Loclite were hypotehtically to receive 25% of a $50 loclite booking and this booking incurrs a 50% cancellation fee, the loclite shall be compensated 25% of the $25 paid by the traveler.
Facilitation of Payments. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., PayPal, Inc., etc.). Loclite may replace its third-party payment processing services without notice to you. Charges shall only be made through one of these services. Cash payments are strictly prohibited.
Promotions. Loclite, at its sole discretion, may make available promotions with different features to traveler or prospective traveler. These promotions, unless otherwise specified by Loclite in writing, shall have no bearing whatsoever on your Agreement or relationship with Loclite.
In exchange for permitting you to offer your Services through the Loclite Platform and marketplace as a Driver, you agree to pay Loclite (and permit Loclite to retain) a fee of up to 20% (the “Administrative Fee”) of the Ride Fees paid by Riders for such Services. In certain jurisdictions, including but not limited to New York, you agree to pay Loclite an Administrative Fee of up to 31.4% of Ride Fees to cover additional operating costs.
Your Information is any information you provide, publish or post to or through the Loclite Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Loclite-related Facebook, Twitter or other social media posting) (your “Information”). You consent that we may use your Information to carry out any services related to Loclite. This includes utilizing this information to match you with a traveller, utilizing this information for publicity or marketing, or utilizing this information for any other purpose.
You are solely responsible for your Information and your interactions with other members of the public. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Loclite Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Loclite does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Loclite for accessing the Loclite Platform. You are solely and fully responsible for all activities that occur under your account, and Loclite expressly disclaims any liability arising from the unauthorized use of your Loclite account. Should you suspect that any unauthorized party may be using your account or you suspect any other breach of security, you agree to notify us immediately.
Social Networking Sites
As part of the functionality of the Loclite Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account") by either providing your SNS Account login information through the Loclite Platform or allowing Loclite to access your SNS Account. By granting Loclite access to any SNS Accounts, you understand that Loclite may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Loclite Platform or any affiliated Loclite service to other loclites and travlers. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Loclite platform and its affiliated services.
By becoming a Loclite, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number and e-mail address you provided to us. By consenting to being contacted by Loclite, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Loclite or its affiliated companies, including but not limited to: operational communications concerning your account or use of Loclite, updates concerning new and existing features of Loclite, communications concerning promotions run by us or our third party partners, and news concerning Loclite and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send and are not reimbursable by Loclite. You acknowledge that you are not required to consent to receive promotional messages as a condition of using Loclite.
With respect to your use of the Loclite Platform and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, ordinance or regulation;
interfere with or disrupt the any services provided or operated by Loclite or the servers or networks connected to the Loclite Platform;
post Information or interact on the Loclite Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the Loclite Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Loclite Platform;
“frame” or “mirror” any part of the Loclite Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Loclite Platform or any software used on or for the Loclite Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Loclite Platform or access to any portion of the Loclite Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Loclite Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your Loclite account, password and/or identification to any other party; or
cause any third party to engage in the restricted activities above;
contact travelers to perform services similar in scope to those offered by Loclite.
We reserve the right, but we have no obligation, to suspend or deactivate your account if you do not comply with these prohibitions.
Under no circumstances are you permitted to contact travelers you were introduced to by Loclite to perform simlar services outside of the Loclite platform, mobile sites, or any Loclite operated technology. To avoid confusion, it is strictly prohibited to receive compensation from any traveler for any service that Loclite provides, unless such services are provided through the Loclite platform. VIOLATION OF THIS PROVISION CONSTITUTES A BREACH OF THIS AGREEMENT AND LOCLITE RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT AND WITHOLD ANY FUNDS THAT MIGHT BE DUE TO YOU.
Loclite Representations and Warranties
By serving as a Loclite, you represent, warrant, and agree that:
You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of Loclite’s insurance policies).
You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
You will not make any misrepresentation regarding Loclite, the Loclite Platform, the Services or your status as a Driver, or, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Loclite or Riders in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Ride Fees or other payments for the ride(s) in question.
You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
Proprietary Rights and Trademark License
All intellectual property rights in the Loclite Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Loclite Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Loclite. Loclite shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Loclite, the Loclite Mustache and other Loclite logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Loclite in the United States and/or other countries (collectively, the “Loclite Marks”). If you provide Services as a Driver, Loclite grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Loclite Marks solely in connection with providing the Services through the Loclite Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Loclite’s prior written permission, which it may withhold in its sole discretion. The Loclite Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Loclite is the owner and licensor of the Loclite Marks, and that your use of the Loclite Marks will confer no additional interest in or ownership of the Loclite Marks in you but rather inures to the benefit of Loclite. You agree to use the Loclite Marks strictly in accordance with Loclite’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Loclite determines to nonconforming or otherwise unacceptable.
You agree that you will not:
create any materials that incorporate the Loclite Marks or any derivatives of the Loclite Marks other than as expressly approved by Loclite in writing;
use the Loclite Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Loclite Marks other than in accordance with the terms, conditions and restrictions herein;
take any other action that would jeopardize or impair Loclite’s rights as owner of the Loclite Marks or the legality and/or enforceability of the Loclite Marks, including, without limitation, challenging or opposing Loclite’s ownership in the Loclite Marks;
apply for trademark registration or renewal of trademark registration of any of the Loclite Marks, any derivative of the Loclite Marks, any combination of the Loclite Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Loclite Marks;
use the Loclite Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Loclite’s sole discretion. If you create any materials bearing the Loclite Marks (in violation of this Agreement or otherwise), you agree that upon their creation Loclite exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Loclite Marks or derivative works based on the Loclite Marks. You further agree to assign any interest or right you may have in such materials to Loclite, and to provide information and execute any documents as reasonably requested by Loclite to enable Loclite to formalize such assignment.
Copyright Complaints and Copyright Agent
Loclite respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Loclite’s Copyright Agent at
2300 Harrison Street
San Francisco, CA 94110
a description of the copyrighted work that you claim has been infringed, including specific location on the Loclite Platform where the material you claim is infringed is located. Include enough information to allow Loclite to locate the material, and explain why you think an infringement has taken place;
a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The following disclaimers are made on behalf of Loclite, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Loclite Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Loclite Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the Loclite Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Loclite Platform will be corrected, or that the Loclite Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Loclite Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Rider will complete an arranged transportation service.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Loclite Platform and Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Loclite Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Loclite is not responsible for the conduct, whether online or offline, of any User of the Loclite Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Loclite Platform and participating in the Services, you agree to accept such risks and agree that Loclite is not responsible for the acts or omissions of Users on the Loclite Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Loclite Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Loclite Platform or through the Services. Please carefully select the type of information that you post on the Loclite Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Loclite Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Loclite Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Loclite Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Loclite Platform contains (or you may be sent through the Loclite Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Loclite Platform.
Location data provided by the Loclite Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Loclite, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Loclite Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Loclite Platform may be accessible to Loclite and certain Users of the Loclite Platform.
This paragraph applies to any version of the Loclite Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Loclite. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Loclite Platform. Loclite, not Apple, is solely responsible for the Loclite Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at https://www.Loclite.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Loclite Platform and participation in the Services, including:
your breach of this Agreement or the documents it incorporates by reference;
your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party;
any allegation that any materials that you submit to us or transmit through the Loclite Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE Loclite PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Loclite PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF Loclite’S INSURANCE POLICIES REFERENCED AT WWW.Loclite.COM/SAFETY). WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE Loclite PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more Users, you agree to release Loclite (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Loclite Platform or participation in the Services. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Term and Termination
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Loclite Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Rider and/or Driver), or revoke your permission to access the Loclite Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Loclite Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.
Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Loclite Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND Loclite ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Loclite’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Loclite for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Loclite in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Loclite with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Loclite or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Loclite; becomes known to you, without restriction, from a source other than Loclite without breach of this Agreement by you and otherwise not in violation of Loclite’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Loclite to enable Loclite to seek a protective order or otherwise prevent or restrict such disclosure.
You and Loclite are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to Loclite shall be given by certified mail, postage prepaid and return receipt requested to:
90 West Street, 8J
New York, NY 10006
Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Loclite Platform or given to you via the email address you provide to Loclite during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Loclite during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Loclite, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Loclite with respect to the subject matter hereof.
Data We Collect From You
In order to operate the Loclite Platform and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using the Loclite Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with Loclite and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your Loclite account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
“non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the Loclite Platform; and
“public information”, which consists of all other demographic information.
Please note that nowhere on the Loclite Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
How We Use Personal Information
We use Your email address and Your other personal information to help Us efficiently operate the Loclite Platform, to contact You in connection with Your transactions and other activities on the Loclite Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with Loclite), to forward trip information to You from other Users, to forward trip information from You to other Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the Loclite Platform, including processing Your transactions and supporting Your activities on the Loclite Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Loclite Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Loclite Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
How We Use Demographic Data
How to Edit Your Information
Loclite provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the Loclite menu. There You can view, update and correct Your account information.
So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.
Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of Loclite upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
Loclite provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. Loclite gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
Special Cases in Which We Share Personal Information
Our Security Precautions
Your Loclite Profile is password-protected so that only You and authorized Loclite employees have access to Your account information. If You have registered for Loclite using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. Loclite staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Loclite account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
Loclite has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.