TERMS OF USE

Last updated September 20, 2024 

1. AGREEMENT TO TERMS

These Terms of Use (“Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and lookboox, LLC ("Company", “we”, “us”, or “our”), concerning your access to and use of the lookboox mobile application and website as well as any other website, mobile application, product, software, service, program or network we offer related, linked, or otherwise connected thereto and its services (collectively, the “Services”). You agree that by accessing the Services (including browsing www.lookboox.io website), you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. The most current version of our Terms of Use will govern the terms applicable to you. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Services after the date such revised Terms of Use are posted.  

The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with all local laws, if and to the extent local laws are applicable. 

The Services are intended for users who are at least 13 years old.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website and mobile application designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”) and the trademarks, service marks, copyrights and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, patent, trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in the Services “AS IS” for your information and use solely in connection with your collecting and storing collections of products, experiences, services, ideas and notes, the creation of shareable digital books of such collections (herein, “Lookboox”), promotion of Lookboox and linking thereof to for-purchase products and experiences, or your viewing, interaction or collaboration with Lookboox created by other Users, as contemplated by the Services and these Terms of Use (“Lookboox Activities”). Except as expressly provided in these Terms of Use, no part of the Services and none of the Services’ Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, except in connection Lookboox Activities. For all purposes, any determination of activity constituting Lookbox Activities shall be made by the Company in its sole and absolute discretion. 

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the content to which you have properly gained access for the purpose of Lookboox Activities. We reserve all ownership and other rights not expressly granted to you in and to the Services, the Content and the Marks.

3. SUBMISSIONS TO LOOKBOOX

All Users when submitting materials to produce a User’s Lookboox (“Lookboox Materials”) through the Services hereby attest that a User’s Lookboox Materials do not violate the intellectual property rights of any third-party. In its sole and unfettered discretion, the Company reserves the right to examine the original Lookboox Materials and related source material to ensure that your Lookboox Materials comply with these Terms of Use. By submitting Lookboox Materials, you grant to the Company a limited, non-exclusive perpetual license to the Lookboox Materials, including, without limitation the right to publish, use, copy, produce, reproduce, alter, distribute, prepare derivative works of, display, publicly and otherwise exploit the Lookboox Materials and Lookboox for profit. Further, the Company reserves the right to use, reproduce, alter, and profit from all Lookboox Materials and Lookboox in any of its offerings and promotional items.

4. DMCA NOTICE 

We respect content owner rights and it is our policy to respond to alleged copyright infringement notices that comply the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please send us written notice that includes all of the following: (1) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work that you claim has been infringed, including the applicable registration numbers, if applicable; (3) identification of the material that is claimed to be infringing and where it is located on the Services, including URL(s), the location(s) of the page(s) that contain the allegedly infringing material, as well as a description of the specific content that you claim is infringing on your copyright; (4) information reasonably sufficient to permit us to contact you; (5) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under the penalty of perjury, that the above information is accurate and that you are authorized to act on behalf of the owner of the following statement: “I swear, under the penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner or its authorized agent, I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The above information must be submitted to lookboox, LLC, P.O. Box 1130, Libertyville, Illinois 60048, Attn: DMCA Agent, or by email to Support@lookboox.io.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying us that your copyright material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. 

5. USER REPRESENTATIONS AND SAFETY

By using the Services, you represent and warrant that: (1) you have the legal capacity to comply with these Terms of Use; (2) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation.

6. FEES AND PAYMENT

We accept payment in the forms accepted by the respective App store terms.

You may be required to purchase or pay a fee to access our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We will bill you through an online billing account for purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. Dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.

7. CANCELLATION

All purchases are non-refundable. You can cancel your subscription to the Services at any time by logging into your account and following the instructions for cancellation provided. Your cancellation will take effect at the end of the current paid term. 

If you are unsatisfied with our Services, please email us as provided in the Contact Us section of these Terms of Use.

8. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Terms of Use. Any software and any related documentation are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available.

As a User of the Services, you agree not to:

1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, except in connection with Lookboox Activities or otherwise with our express prior written consent. 

2. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

4. Engage in unauthorized framing of or linking to the Services.

5. Trick, defraud, or mislead us and other users of the Services, especially in any attempt to learn sensitive account information such as user passwords.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

8. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

9. Use any information obtained from the Services in order to harass, abuse, or harm another person.

10. Use the Services as part of any effort to compete with us or otherwise use the Services.

11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

12. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

13. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

14. Delete the copyright, Marks or other proprietary rights notice from any content or Lookboox Materials.

15. Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.

19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services or any other User.

20. Use the Services in violation of any applicable laws or regulations.

10. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

11. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all property and moral rights to any such Submissions, and you hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

12. MANAGEMENT OF SERVICES

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Lookboox, Lookboox Materials, other contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy located here. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

14. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.  

We cannot guarantee the Services will be available and operational at all times for your use. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Terms of Use shall be governed by and defined following the laws of Illinois, excluding choice-of-law principles of the laws of such State that would permit the application of the laws of a jurisdiction other than such State. The Company and you irrevocably consent that the courts of Cook County, Illinois and the Northern District of Illinois shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any Dispute arising out of or in connection is subject to mandatory arbitration whereby User agrees to arbitrate any and all disputes arising out of these Terms of Use of or relating to any aspect of this and your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Terms of Use. USER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THESE TERMS OF USE, USER AND THE COMPANY EACH ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The Parties shall work in good faith to resolve any such dispute for a reasonable period of time (not to exceed 30 Business Days, unless otherwise agreed by the Parties) and any dispute that cannot be resolved by mutual agreement shall be resolved by arbitration in accordance with the rules of Arbitration Association of America (the “AAA”) (using the streamlined Arbitration Rules and Procedures of AAA, if available). Any such arbitration shall be conducted in Chicago, Illinois or virtually, if agreed by the Parties, by one arbitrator mutually acceptable to the Parties or, if the Parties are unable to agree on an arbitrator, the arbitrator shall be appointed in accordance with the rules of AAA but in all cases shall be a retired judge. In the event such an arbitration is initiated, the Parties shall be entitled to discovery as determined by the arbitrator, and the arbitrator shall be required to follow the laws of the State of Illinois. The Parties agree that the existence, conduct and content of any arbitration pursuant to this Section 17 shall be kept confidential and no Party shall disclose to any Person any information about such arbitration, except in connection with such arbitration or as may be required by law. The decision and award of any such arbitrator shall be final, non- appealable and binding upon the Parties involved in such Dispute, and enforceable by any such Party in any court of competent jurisdiction.

  Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. WARRANTIES

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, ESPECIALLY WITH RESPECT TO THE ACCURACY OR DEPICTION OF ANY LOOKBOOX MATERIALS AS SUBMITTED TO THE COMPANY (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. INDEMNIFICATION

By submitting the Lookboox Materials, each User agrees that it relinquishes its right, in perpetuity, to assert any claim against the Company and its indemnified parties (as hereinafter defined) with respect to the Company’s use of the Lookboox Materials. User agrees, to the fullest extent permitted by law, to release, indemnify and hold the Company and its respective officers, directors, trustees, employees, partners, members, managers, agents, affiliates, representatives, guarantors, subsidiaries, predecessors, assigns, successors and heirs (collectively, the “Company’s Indemnified Parties”) harmless from any and all loss, damage, right, claim, action, expense, cost (including reasonable attorneys’ fees) and liability (including settlements) of any kind brought or asserted by any third party against any of the Company's Indemnified Parties due to or arising out of: User’s breach or alleged breach of these Terms of Use; breach or alleged breach of any third-party right, including any claims based on trademark, copyright or other violations of intellectual property rights; the right of publicity, the invasion of privacy, disparagement, misappropriation of likeness, or defamation; or User’s conduct resulting in personal injury, death, or property damage. The User agrees to cooperate with the Company in the defense of any such claim or claims and to assert a proper defense of such claim. Company's Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by any User. User will not under any circumstance settle any claim or claims without the prior written consent of the Company or its legal counsel.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING OR ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO  THE AMOUNT YOU PAID TO THE COMPANY IN THE THREE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE, IF ANY, BY YOU. IN CERTAIN CIRCUMSTANCES, UNDER UNITED STATES LAWS AND FOREIGN LAWS, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES ARE NOT VALID. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data and materials that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data and materials, and you hereby waive any right of action against us arising from any such loss or corruption of such data and materials.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or submit a complaint via the portal located here: https://www.dca.ca.gov/about_us/contactus.shtml.

25. Accessibility

The Company is committed to providing a website and mobile applications that are accessible and navigable to all consumers. To that end, we actively work to assess and increase the accessibility and usability of our website and app, using available standards and guidelines to assist in our efforts. We seek to comply with all applicable state and federal accessibility requirements as well as best practices in providing accessibility. If you encounter any difficulty using our website or mobile applications, have suggestions about improving the usability or accessibility of our website or app, please contact us using the contact information below.

26. FORCE MAJEURE

The Company shall not be liable for losses, delays, failure, errors, interruption or loss of data occurring directly or indirectly by reason of circumstances beyond its reasonable control, including, without limitation, Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster); action or inaction of civil or military authority; acts of foreign enemies; war; terrorism; riot; insurrection; an EMP event; sabotage; pandemics; epidemics; labor disputes; civil commotion; or interruption, loss or malfunction of utilities, transportation, computer or communications capabilities (a “Force Majeure Event”), and the You shall have no right to terminate this Agreement in such circumstances. Any Force Majeure Event shall not preclude any payment obligations you have to the Company.

27. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

28. CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Mail:               lookboox, LLC, P.O. Box 1130, Libertyville, Illinois 60048, Attn: Support

Email:             Support@lookboox.io.

By lookboox, LLC