These Legal Terms of Use “Terms” are entered into by and between You and LOCAP LLC (“LOCAP” or “We”). In consideration of your use and access to http://www.LOCAPLLC.com (the “Site”), and the promises and obligations herein, and intending to be legally bound, You and LOCAP hereby agree as follows:
Your access to and use of the Site is subject to these Terms, which incorporates the separately posted LOCAP Privacy Policy, as well as any modifications to them and all applicable laws and regulations. If you do not want to be bound by these Terms, then do not use the Site.
CHANGES IN TERMS
LOCAP shall have the right at any time and without prior notice, at its sole discretion, to modify these Terms or to impose new terms with respect to access to or use of the Site. Such modifications and additions shall be effective immediately upon notice thereof, which may be given by any means, including posting the modified or additional terms on the Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed apprised of and bound by any modification by LOCAP of these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF MODIFICATIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH MODIFICATIONS OR ADDITIONS. No modification to these Terms by any party other than LOCAP shall be valid or enforceable against LOCAP unless expressly agreed to by LOCAP in writing signed by a duly authorized officer of LOCAP.
TERMINATION
These Terms are effective until terminated by LOCAP. LOCAP may terminate these Terms without notice and at any time in connection with the Site. In the event of termination, You are no longer authorized to access the Site. The disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination. LOCAP shall also have the right without notice and at any time to terminate access to or use of some or all of the Site, or any features of the Site, or to terminate any individual’s access to or use of the Site or any features of the Site.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Site. You must be 18 years or older to use the Site.
CONTENT
All material on the Site including without limitation all text, images, photographs, graphics, logos, illustrations, descriptions, data, audio, video, messages, files, documents, derivative works, and other materials, whether publicly posted or privately transmitted, provided by LOCAP, as well as the selection, assembly, and arrangement thereof are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. LOCAP may update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on LOCAP in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by LOCAP or by third parties that have licensed their use to LOCAP. LOCAP disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own. Trademarks, service marks, logos, and slogans displayed on the Site are the intellectual property of either LOCAP or other third parties. You agree not to display or use such marks without LOCAP’s prior written permission.
You may view and use the Content only for Your personal information and for no other purpose, and You shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, LOCAP does not grant to You or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on the Site, including without limitation by transferring, downloading, or otherwise copying. The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
LINKED THIRD PARTY SITES
Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by LOCAP of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by LOCAP, and LOCAP is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and You access them at Your own risk.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE SITE AND CONTENT
LOCAP MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, OR MATERIALS. LOCAP ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL LOCAP, ITS SERVICE PROVIDERS, OR CONTRACTORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF LOCAP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless LOCAP, its service providers and contractors, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorney’s fees and court costs), arising out of or relating to Your breach of these Terms or Your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site.
JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Additionally, any claims brought against LOCAP shall be governed by and construed in accordance with the laws of Louisiana. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or use of the Site shall be in the state and federal courts located in the Eastern District of Louisiana.
MISCELLANEOUS
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. No waiver by LOCAP of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
LOCAP shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
LOCAP shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, war, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.