Lookout Guardians, LLC: Terms and Conditions of Use
By registering and creating an account with Lookout Guardians, LLC you agree to comply with all these Terms and Conditions of Use, also referred to as Terms. If you do not agree with these terms, do not register and do not create an account. If you do not register you will be unable to use many of the features of the www.lookoutguardians.com site or other Lookout Guardian sites.
1. Services. Lookout Guardians is an internet website which provides assistance in prevention of and searching for lost pets and other services related to pet care and interest. The Lookout Guardians’ Web site and other relevant content is the property of Lookout Guardians, LLC, also referred to as Lookout Guardians.
2. Access. You must have access to the Internet in order to use Lookout Guardians, LLC. It is your responsibility to select, obtain and pay for any equipment or services necessary for access.
3. Registration. If you accept these terms, Lookout Guardians, LLC will process your registration form and enable you to establish a Member Account with a Member ID. This Member ID is used to identify you to Lookout Guardians and other users of the Lookout Guardians web site. You may not select as your Member ID, a name for the purpose of fraud or disparagement, or a name that violates any third party's trademark right, copyright, or other proprietary right, or which Lookout Guardians deems in its sole discretion to be vulgar or otherwise offensive. Lookout Guardians reserves the right to delete any vulgar or otherwise offensive Member ID, or to require you to change your Member ID. You must also select a password for your account. Lookout Guardians recommends that you choose a password that contains both letters and numbers. Do not use your Member ID as your password. The registration form will ask you for other information about yourself ("Registration Data") which you represent and warrant is at all times true, accurate, current and complete, and which you agree to update in order to maintain as such. If you breach this representation, or if Lookout Guardians has reasonable grounds to suspect that you have failed to maintain this information about yourself ("Registration Data") as true, accurate, current and complete, Lookout Guardians has the right upon notice to suspend or terminate your account and this agreement and to refuse to permit your current or future use of the Lookout Guardians website (or any portion thereof).
4. License. Subject to all of the Terms, Lookout Guardians hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use The Lookout Guardians Web Site and services solely for your personal purposes. Lookout Guardians may revoke this license at any time and for any reason. Specifically, if you breach the Terms of service we will ban your account. The terms of such terminations are explained in Section 17.
5. Restrictions. You agree not to do any of the following prohibited actions:
A. reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner The Lookout Guardians Web Site or any portion thereof, including but not limited to proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived there from;
B. permit any other person (including but not limited to a former member whose account Lookout Guardians has terminated) to access Lookout Guardians using your user ID, or create or provide any other means through which the Site may be accessed by anyone besides you (e.g., through mirrors);
C. upload, post, email, link to, advertise or otherwise transmit through Lookout Guardians any material that
(i) is unlawful, harmful, threatening, abusive, cruel, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement);
(iii) infringes any patent, trademark, trade secret, copyright or other party's proprietary rights;
(iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
(v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
D. harm minors in any way;
E. impersonate another user or administrator;
F. forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through Lookout Guardians;
G. interfere with or disrupt the Site, the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
H. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
I. "stalk" or otherwise harass another person or Member; or
J. collect or store personal data about another person or Member without the express permission of such person or Member.
K. reveal personal data about another person or Member without the express permission of such person or Member.
A. Participatory Content. Lookout Guardians provides you with certain opportunities to submit your own text, photos, graphics, feedback and other materials while you participate in pet registrations and searches, and to contribute news and other materials on the Site (collectively, "Participatory Content"). By submitting any Participatory Content, you represent and warrant that you are the owner of or have the right to post your Participatory Content, and your Participatory Content does not infringe the rights of any third party. You hereby grant Lookout Guardians a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Participatory Content in all media now known or later developed. You, and not Lookout Guardians, are entirely responsible for all of your Participatory Content that you upload, post, email or otherwise transmit via the Site or Services.
B. Third Party Content. You acknowledge and agree that the Site and Services contain materials owned by Lookout Guardians and its licensors (including other Members), and you agree not to interfere with the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the United States and other applicable laws.
C. Content Monitoring. As a matter of policy, Lookout Guardians does not manually pre-screen or monitor the content that you or other members may post to the Lookout Guardians Site. Lookout Guardians may use automated mechanisms as necessary to filter obscene or vulgar language. Lookout Guardians does reserve the right to monitor all such content, and reserves the right to remove without notice any and all content that Lookout Guardians, in its sole discretion, finds offensive or otherwise objectionable. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness or utility of any content. Lookout Guardians makes no representations or warranties about the content appearing in the Lookout Guardians Web Site and other materials. Under no circumstances will Lookout Guardians be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Lookout Guardians Web Site and Services.
D. Content Transmission. You understand that the technical processing and transmission of the Site and Services, including your Participatory Content and Public Content, may involve
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices.
F. Names. Lookout Guardians will arbitrarily change any names it considers unsuitable, or ban the accounts associated. Other than in these circumstances, names will not generally be changed.
7. Auctions and Sales. It is against Lookout Guardians policy to allow accounts and/or content to be sold - for real money, on auction sites, or otherwise. We will ask auction sites to respect this policy. We will terminate accounts that we believe are in violation of this policy.
8. Idea submission policy. Lookout Guardians may consider unsolicited ideas, including but not limited to ideas for advertising campaigns, service or content development. These ideas may be submitted provides on the Lookout Guardians Web Site, or in private email to a Site administrator. Please note that any material you submit to Lookout Guardians in any manner will be deemed to be your "Participatory Content" and subject to the terms of Section 6.A ("Participatory Content").
9. Your Account is Your Responsibility. You are solely responsible and entirely liable for all activities conducted through your account and/or your Member ID, even if your account has been compromised through no fault of your own. Lookout Guardians encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify Lookout Guardians immediately in the event your password is lost, stolen, disclosed or compromised. It is not Lookout Guardians' policy to ask for your password online, and Lookout Guardians suggests that you never respond to an on-line request for your password.
10. Privacy. You understand that you have no expectation of privacy with respect to your use of the Site, or Services, and that all communications made by or received from you may be monitored, preserved and disclosed by Lookout Guardians representatives. You hereby consent to the extraction of hardware system profile data and any data related to operation of the software from any computer that logs on to the Site, or Services using your account. You acknowledge and agree that Lookout Guardians will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. Lookout Guardians will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity. Specifically, Lookout Guardians may disclose information about you or your Participatory Content if Lookout Guardians has the good faith belief that such disclosure is reasonably necessary to:
(A) comply with legal process;
(C) respond to claims that any of your Participatory Content violates the rights of a third party; or
11. Charges for Service. Lookout Guardians charges a fee to register pets for the Lookout Guardian service. This fee is collected by a secure third party electronic payment site (e.g., PayPal). The Lookout Guardians Site doe not collect this fee itself, and any attempt to collect a subscription fee by any member or administrator of the Site should be considered a violation of the Terms and reported immediately to Lookout Guardians.
12. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Ownership. Lookout Guardians and its licensors shall at all times retain all rights, title and interest in and to the Site and Services except to the extent of the licenses granted to you hereunder. Lookout Guardians and other products referenced herein are either trademarks or registered trademarks of Lookout Guardians.
14. Disclaimer of Warranty. To the maximum extent permitted by law, Lookout Guardians, its affiliates, licensors and subcontractors, disclaim all warranties, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose or non-infringement. Lookout Guardians provides the site and services (and any related software or hardware used or provided by Lookout Guardians in connection therewith or any content included therein) "as is" and on an "as available" basis, and makes no warranty of performance or quality or that the site or services will be error-free or uninterrupted. Some jurisdictions do not permit the exclusion of implied warranties, so such exclusion may not apply to you.
15. Limitation of Liability. Notwithstanding anything to the contrary, Lookout Guardians and its affiliates, licensors and subcontractors total liability to you arising from or in relation to this agreement, the Site or Services shall be limited to the total payments made by you to Lookout Guardians under this agreement within the twelve (12) months prior to the occurrence of the incident which gave rise to such liability. The foregoing limitation shall not apply to damages arising from death or personal injury to personal or tangible property in any jurisdiction where such limitation is prohibited by law.
In no event will Lookout Guardians, its affiliates, licensors and subcontractors assume any liability whatsoever with respect to your participation as a “volunteer” in any activities undertaken in any manner or in any relationship to Lookout Guardians, its affiliates, licensors and subcontractors.
16. Consequential Damages. In no event will Lookout Guardians, its affiliates, licensors or subcontractors be responsible or liable to you for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind, including but not limited to any loss of use or costs of substitute services, however caused, whether for breach or repudiation of contract, tort, breach of warranty, negligence, strict liability or other theory of liability, whether or not Lookout Guardians, its affiliates, licensors or subcontractors were advised of the possibility of such loss or damages and notwithstanding the failure of essential purpose of any limited remedy stated herein. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Lookout Guardians, its affiliates, licensors and subcontractors liability is limited to the extent permitted by law.
17. Indemnification. You agree to defend, indemnify and hold harmless Lookout Guardians, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys' fees, arising from or related to your breach of these Terms or portion hereof, your Participatory Content or Public Content or any act or omission by you relating the Site or Services. Lookout Guardians reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
18. Termination. Either you or Lookout Guardians may terminate your account and this agreement under these Terms upon notice at any time without further obligation to the other. Further, Lookout Guardians reserves the right to terminate the Site and/or Services, or any part thereof, at any time without notice and without further obligation to you. In no event shall you be entitled to a refund of any fees or proration thereof. Upon Termination of this agreement, your access privileges to the site and services will terminate and you will forfeit any unused access time that you purchased or received prior to termination. A member whose account Lookout Guardians has terminated may not access the site or services in any manner or for any reason without Lookout Guardians express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination. The following Sections shall survive termination: 6.A, 6.B, 7 and 13-20.
19. Amendment. Lookout Guardians may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 18 ("Termination"). Your continued access and use of the Site and/or Services seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
20. Reservation of Rights. Lookout Guardians hereby reserves any rights not expressly granted herein.
21. General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void.
If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of:
(A) such provision under other circumstances, or
(B) the remaining provisions hereof under all circumstances.
Lookout Guardians' failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Lookout Guardians of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Lookout Guardians shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Lookout Guardians' reasonable control.
This agreement is governed by and construed under Illinois law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in DuPage County, in the State of Illinois, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be sent via email to the Lookout Guardians Support Form. Our telephone number is 630-465-2722, but we do not provide telephone support and discourage you from calling this number. Lookout Guardians may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and Lookout Guardians with respect to the subject matter referenced herein.