LOOPIE USER AGREEMENT
1. Contractual Relationship
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LOOPIE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures (e.g., a webpage on loopie.us or within the Loopie App) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Loopie reserves the right to amend the Terms. Amendments will be effective upon Loopie's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Loopie changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Loopie written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Loopie, LLC (the name and current contact information for the registered agent in Washington state is available online here), or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms.
By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
2. Arbitration Agreement By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Loopie on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Loopie, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Loopie by someone else.
Agreement to Binding Arbitration Between You and Loopie. You and Loopie agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Loopie, and not in a court of law. You acknowledge and agree that you and Loopie 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. Unless both you and Loopie otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Loopie each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Washington.
Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Washington and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Loopie otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Loopie submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Loopie will not seek, and hereby waives all rights Loopie may have under applicable law to recover, attorneys' fees and expenses if Loopie prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Loopie will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Loopie changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Loopie written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Loopie, LLC (the name and current contact information for the registered agent in Washington are available online here), or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Loopie in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason,
(1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must
therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise mobile applications and related services (each, an "Application"), which enable Users to arrange and schedule the laundering of your clothes, picking up of your dirty laundry, delivery of clean laundry, and to purchase certain goods, including with third party providers of such services and goods under agreement with Loopie or certain of Loopie's affiliates ("Third Party Providers"). Unless otherwise agreed by Loopie in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN LAUNDRY SERVICES, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH LOOPIE AS A LAUNDRY, PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Delivery and Pick Up
Loopie requires you or your representative to physically hand the laundry to the Loopie driver and be present to accept the finished laundry when it is delivered. If you opt to leave the laundry bag for pick up unattended, or requests that the clean laundry be left at any location to be found by User at a later time, Loopie cannot be responsible for any loss or damage to your property.
Separation of laundry, transfer of color All items placed in a bag of laundry will be washed together. You have the responsibility for separating items into separate bags if you desire to have the items washed separately. Loopie strongly suggests that like colored items be washed together to avoid color transfer. Loopie is not responsible for your failure to separate laundry to avoid color transference.
Additional fees for misdelivery and one-day service
Failure to be present at pick up or delivery will result in a misdelivery charge, unless you opt to leave laundry for Loopie unattended, or opt to have finished laundry left at a particular place.
Subject to your compliance with these Terms, Loopie grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Loopie website, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Loopie and Loopie's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Loopie; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain Loopie's property or the property of Loopie's licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights: (i)in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Loopie's company names, logos, product and service names, trademarks or services marks or those of Loopie's licensors.
4. Access and Use of the Services
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Loopie certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Loopie. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information,including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Loopie in writing, you may only possess one Account. User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause property damage, whether to Loopie, the Third Party Provider or any other party. Text Messaging and Telephone Calls.
You agree that Loopie may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Loopie account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Loopie at any time, by contacting Loopie by email at email@example.com or by phone at 206-578-7390.
Referrals and Promotional Codes.
Loopie may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Loopie establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Loopie; (iii) may be disabled by Loopie at any time for any reason without liability to Loopie; (iv) may only be used pursuant to the specific terms that Loopie establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your
use. Loopie reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Loopie determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Loopie’s Terms.
User Provided Content.
Loopie may, in Loopie's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Loopie through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Loopie, you grant Loopie a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Loopie's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Loopie the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading,publishing or otherwise making available of such User Content, nor Loopie's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Loopie in its sole discretion, whether or not such material may be protected by law. Loopie may, but shall not be obligated to, review, monitor, or remove User Content, at Loopie's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Loopie does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Loopie will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. All Charges and payments will be enabled by Loopie using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Loopie may use a secondary payment method in your Account, or send you an invoice for the charges. Charges paid by you are final and non-refundable, unless otherwise determined by Loopie. FURTHER, YOU UNDERSTAND THAT THE PER BAG CHARGE BY LOOPIE IS BASED ON A LAUNDRY BAG THAT IS 32 INCHES BY 22 INCHES AND HOLDS APPROXIMATELY 5 TO 15 POUNDS OF LAUNDRY. USE OF A LAUNDRY BAG IN EXCESS OF THAT SIZE OR OVERSTUFFING THE BAG WILL RESULT IN EXTRA CHARGES.
As between you and Loopie, Loopie reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Loopie's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Loopie will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Loopie may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Loopie may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles, washers and dryers and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Loopie in Loopie's reasonable discretion, Loopie reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, are non-refundable.
6. Disclaimers; Limitation of Liability; Indemnity.
Loopie is not responsible for loss of or damage to property that is improperly placed with the laundry, including, but not limited to, non-laundry items inside pockets or otherwise, laundry that cannot be machine washed in a regular cycle such as delicates or apparel that is too worn to be washed, and laundry that cannot be machine dried. You can fill the 32” x 22” laundry bag, but it cannot be so full that the bag cannot be closed completely. Stuffing the bag so that it does not close completely can result in the loss of your property, or result in extra charges. In addition, the contents of one laundry bag will be washed together in one load. It is the User’s responsibility to make sure that the items included in one laundry bag can be washed together. User assumes full responsibility if the washing of the items together results in the transfer of color from one item to another. LOOPIE WILL NOT SEPARATE THE CONTENTS OF A LAUNDRY BAG TO WASH IN SEPARATE LOADS. IF THE USER WANTS ITEMS TO BE WASHED SEPARATELY, THEY MUST BE PUT INTO SEPARATE LAUNDRY BAGS.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." LOOPIE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOOPIE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOOPIE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
LOOPIE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF LOOPIE, EVEN IF LOOPIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LOOPIE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF LOOPIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOOPIE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND LOOPIE'S REASONABLE CONTROL.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING LAUNDRY SERVICES REQUESTED MAY NOT BE PROFESSIONALLY LICENSED LAUNDERERS, DRY CLEANERS OR HOUSEKEEPERS.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LAUNDRY SERVICES AND TRANSPORTATION OF LAUNDRY, GOODS WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT LOOPIE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY LOOPIE OR THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOOPIE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LOOPIE’S CHOICE OF LAW PROVISION SET FORTH BELOW. IN ADDITION, LOOPIE’S LIABILITY DUE TO LOSS OR DAMAGE TO ANY LAUNDRY ITEMS PROVIDED SHALL BE LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100) PER ORDER.
You agree to indemnify and hold Loopie and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Loopie's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Washington, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Washingtonians to assert claims under Washington law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Washington law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Washington law to you if you do not otherwise reside in Washington. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined
therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Loopie may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Loopie, with such notice deemed given when received by Loopie, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Loopie USA, LLC. The name and current contact information for the registered agent in each state are available online here. General.
You may not assign these Terms without Loopie's prior written approval. Loopie may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Loopie's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Loopie or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Loopie's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Loopie in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.