The website located at locoraa.com, together with any related web -based and mobile applications, products, and services (the “ Site”), is a copyrighted work belonging to Locoraa LLC (the “Company”, “us”, “our”, and “we”). Through the Site, the Company makes available an artificial -intelligence-assisted quiz, lead capture, customer relationship management, and marketing service (the “ Services”). The Services, among other things, connect an individual who accesses the Site or completes the quiz other than in a professional capacity (the “Respondent”) with a real estate agent, broker, brokerage, team, or other person or entity that subscribes to the Services (the “Subscriber”), by delivering to the Subscriber the Respondent contact and quiz-response information that the Respondent asks us to send (the “Lead”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features, including any order form, subscription plan, or online checkout page through which a Subscriber pu rchases access to the Services. All such additional terms, guidelines, and rules (including the privacy policy found at http://www.locoraa.com/privacy-policy) are incorporated by reference into these Terms of Use (the “Terms”). The Services are further described in the section on “ The Services; Respondents, Subscribers, and Leads”. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). AS USED IN THESE TERMS, “YOU” AND “YOUR” REFER TO YOU AS A USER OF THE SITE, WHETHER YOU ACCESS OR USE THE SITE AS A RESPONDENT, AS A SUBSCRIBER, OR OTHERWISE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTI TY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE. PLEASE BE AWARE THAT THE SECTION ENTITLED “ DISPUTE RESOLUTION ” CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, THAT SECTION INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THAT SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ IT CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS -WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1. ACCOUNTS
1.1 Account Creation. Use of the Services as a Subscriber, and certain other certain features of the Site require you to register for an account (the “ Account”) and to provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such inf ormation; and (c) you are at least eighteen (18) years old. Respondents are not required to register for an Account in order to complete the quiz. You may delete your Account at any time, for any reason, by following the instructions on the Site or by contacting us as described in the section on “ Contact Information”. Company may suspend or terminate your Account in accordance with the section on “Term and Termination”. 1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. Account login credentials are personal to the individual user to whom they are issued and may not be shared with, transferred to, or used by any other person. Access for additional individuals is available only under a multi -user subscription plan, and each such individual must be issued separate credentials. Sharing login credentials is a material breach of these Terms, and Company may suspend or terminate the Account for any such sharing. If you are a Subscriber, you are responsible for all activities of each individual to whom you grant access to your Account under a multi -user plan, including any agent, assistant, employee, or contractor, and you shall ensure that each such individual complies with these Terms. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. ACCESS TO THE SITE
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and the Services, in each case in accordance with these Terms and, for Subscribers, solely for the Subscriber’s own internal business purposes during the term of a paid subscription. 2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) except as expressly permitted by these Terms, you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or the Services, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to buil d a similar or competitive website, product, or service; (d) you shall not use the Site or the Services to develop, train, or improve any machine learning or artificial intelligence model, or to scrape, harvest, or extract data by automated or manual means; and (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; provided that you may share any quiz results or report Company delivers to you, and use any sharing or embed feature on the Site, in each case only in unaltered form with all Company branding, attribution, and links intact, and not in any manner that supports a competing service. Company may revoke this permission at a ny time. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof. 2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site or the Services (in whole or in part) with or without notice to you. Company will use commercially reasonable efforts to give Subscribers advance notice of any modification that materially and adversely affects the core functionality of a paid subscription. Except as provided in the section on “Subscriptions, Fees, and Payment”, you agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. 2.4 Support and Maintenance. Company has no obligation to provide support or maintenance in connection with the Site to Respondents or to any user other than a Subscriber. 2.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, the Services, the quiz and its questions, scoring logic, prompts, models, and outputs, and all related content are owned b y Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in th e section on “ License”. As between Company and any Subscriber, Company owns all right, title, and interest in and to each Lead and the underlying Respondent and quiz -response data. Company retains the right to use, service, and, subject to the section on “ Lead Delivery”, re-route or re-deliver any Lead. There are no implied licenses granted under these Terms. 2.6 Feedback. If you provide Company with any feedback or suggestions regarding the Site (the “Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non -confidential and non -proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
3. THE SERVICES; RESPONDENTS, SUBSCRIBERS, AND LEADS
3.1 The Services. The Services consist of (a) a consumer -facing, artificial-intelligence-assisted quiz that collects a Respondent’s preferences and, at the Respondent’s election, contact information, and generates personalized location and home search suggestions; and (b) a subscription software service through which a Subscriber receives, manages, contacts, and markets to the Respondents who elect to be connected with it. A single person or entity may act as both a Respondent and a Subscriber at different times. The Company is itself neither a Respondent nor a Subscriber. The Services are limited to the scope described hereunder and nothing in these Terms shall constitute or be deemed to constitute a referral, recommendation, or endorsement of any Subscriber or of any other provider, and no part of the Company’s compensation is contingent on any referral or completed transaction. 3.2 Role of the Company. The Company provides the Site and the Services as a technology provider and neutral facilitator only. The Company is not a real estate broker, real estate agent, mortgage broker, lender, appraiser, or provider of any settlement service, and does not list, sell, lease, appraise, or negotiate the purchase or sale of any real property. The Company does not represent any Respondent or Subscriber in any transaction, is not a party to any agreement or transaction between a Respondent and a Subscriber, and does not sponsor, endorse, verify, or recommend any Subscriber. The Company does not control and is not responsible for the conduct of any Respondent or Subscriber, and the Company makes no representations or warranties regarding any Subscriber’s licensing status , qualifications, services, or performance. 3.3 Respondent Participation. Participation in the quiz is voluntary and free of charge. Submitting contact information is required in order to receive your quiz results. Requesting to be connected with a real estate professional, however, is optional and is not a condition of receiving your quiz results. If you request to be connected with a real estate professional, you authorize and direct the Company, and grant the Company a license, to transmit or utilize that information, together with your quiz responses, in accordance with the terms and provisions of the section on “Lead Delivery”. The quiz output is generated in whole or in part by automated means and is provided for general informational purposes only, as further described in the section on “Artificial Intelligence and Automated Processing”. 3.4 Lead Delivery. When a Respondent elects to be connected with a real estate professional, the Company delivers the resulting Lead to the applicable Subscriber at the Respondent’s request and direction. Once a Lead has been delivered, the Subscriber becomes an independent controller of that information and the primary point of contact for follow-up, and the Subscriber’s own privacy policy and practices govern its handling of the Lead. If a Subscriber’s subscription expires or is terminated, or if a Subscriber fails to respond to a Lead within the time required under the section on “Subscriber Responsibilities”, the Company may notify the Respondent and, at the Respondent’s request and direction, deliver that Lead to one or more other Subscribers. The Company does not control, and is not responsible or liable for, how a Subscriber uses, stores, discloses, or re tains a Lead, or for any communication a Subscriber sends. The Company does not sell, rent, or otherwise transfer Respondent contact information to any person other than a Subscriber to whom the Respondent has asked to be connected, including on any re -routing described above, and does not disclose mobile telephone numbers or SMS consent records to any third party for that third party’s own marketing or promotional purposes. Respondents who wish to stop receiving communications from a Subscriber should contact the Subscriber directly or use the opt -out mechanism described in the section on “ Communications; SMS and Email”. 3.5 Subscriber Responsibilities. As a Subscriber, you represent, warrant, and covenant that: (a) you hold, and will maintain in good standing, every real estate license, registration, and authorization required in each jurisdiction in which you operate or solicit; (b) you will use each Le ad solely for your own real estate services and will not sell, rent, resell, syndicate, or otherwise transfer any Lead to any third party, other than (i ) to your own personnel and service providers who are bound by obligations no less protective than these Terms and (ii) to a licensed real estate professional to whom you refer the Respondent under a bona fide written referral agreement, provided that you remain the Respondent’s primary point of contact, that professional holds every license required in the relevant jurisdiction and is in good standing, the referral is made solely to service that Respondent, and you remain responsible under these Terms for that professional’s handling of the Lead; (c) you will comply with all applicable laws, rules, and professional obligations, including the Fair Housing Act and all federal, state, and local fair housing and anti - discrimination laws, the Real Estate Settlement Procedures Act, the Telephone Consumer Protection Act and its implementing regulations, the CAN -SPAM Act, federal and state do -not-call rules, state telemarketing and text - messaging laws, applicable data prot ection and privacy laws, and the rules of any multiple listing service or professional association to which you belong; (d) you will obtain and maintain records of every consent required to contact any individual, will honor every opt -out, revocation, and STOP request promptly, and will not contact any individual after the indiv idual has withdrawn consent; (e) you will maintain and implement a privacy policy that accurately describes your handling of Lead information; (f) you will not use the Services to send any message that is unlawful, deceptive, harassing, or discriminatory; and (g) you will remain in good standing with respect to Lead handling, which requires that you make a substantive first response to each Lead delivered to you within the response time stated in your subscription plan or otherwise communicated by Company, that you meet the responsiveness, acceptance, and service-quality standards Company publishes from time to time, and that you promptly update your Account when you are unable to accept Leads. Company may reduce or suspend Lead delivery to any Subscriber that fails to meet these standards, and may suspend or terminate that Subscriber’s Account. You are solely responsible for your communications with, and your relationship to, any Respondent. 3.6 Communications; SMS and Email. The Site enables the Company and Subscribers to send transactional, administrative, reminder, and marketing communications by email and SMS text message. Respondents who provide a mobile telephone number and affirmatively opt in may receive quiz result con firmations, recommendation updates, match notifications, and follow-up messages from the Company and from the Subscriber to whom the Respondent asked to be connected. Consent to receive marketing text messages is not a condition of purchasing any property, goods, or services. Message frequency varies. Message and data rates may apply. You may cancel at any time by replying STOP to any message, after which you will receive a single confirmation message and no further marketing messages from the sender; reply HELP for assistance or contact us as described in the section on “Contact Information”. Mobile carriers are not liable for delayed or undelivered messages. If Company permits a Subscriber to use its own telephone number, short code, or messaging sender identifier with the Services (a “ Bring- Your-Own Number ”), the Subscriber is solely responsible for that number’s registration, provisioning, carrier approvals, A2P or 10DLC registration status, and compliance history, and for any carrier filtering, throttling, suspension, deliverability failure, or service in terruption resulting from it. Company makes no representation that a Bring-Your-Own Number will function with the Services, may impose message volume, throughput, and content limits, and may suspend or disable a Bring -Your-Own Number immediately where it c auses or threatens carrier filtering, blocking, spam complaints, or degradation of the Services for any user. Any downtime or degradation attributable to a Bring-Your-Own Number is excluded from any service level, uptime, or availability commitment. If you send or direct invitations, marketing, or other messages through the Site, you represent and warrant that you have obtained all consents required by applicable law, including the Telephone Consumer Protection Act, the CAN-SPAM Act, and applicable state telemarketing and anti -spam laws, to contact the recipients. The Company may make available template, suggested, or automated message content , and automated sending and follow -up features, for Subscriber use. The Subscriber acknowledges that the Services include managed messaging: by subscribing to the Services, and by enabling or leaving enabled any automated messaging feature, the Subscriber authorizes and directs the Company, on a standing basis, to generate, schedule, and send messages from or in connection with the Subscriber’s Account by automated means, without separate review or approval of each individual message or campaign by the Subs criber. The Subscriber may review, modify, pause, or disable automated messaging, or any campaign or template available to it, at any time through its Account settings or by contacting the Company. The Subscriber is responsible for the content of every message sent from or in connection wit h its Account, whether that content was drafted by the Subscriber, by the Company, or by an automated feature, and whether or not the Subscriber reviewed the message before it was sent . Every such message is sent on the Subscriber’s behalf, at the Subscriber’s instruction and under the Subscriber’s standing authorization, and as the Subscriber’s own communication. The Company is not responsible for the content of communications sent by Subscribers or other users. 3.7 User Content. The Site allows you to create, upload, post, and transmit content, including quiz responses, profile and marketing materials, message templates, campaign content, and images (the “User Content”). As between you and the Company, you retain ownership of your User Content, except that quiz responses submitted by a Respondent, and all Leads and derived or aggregated data generated from them, are owned by the Company and are handled as described in the Company’s privacy policy. You grant the Company a non -exclusive, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, display, and distribute your User Content for the purposes of operatin g, providing, securing, and improving the Site and the Services. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate these Terms, any third-party rights, or applicable law. The Company may, but is not obligated to, monitor, review, or remove any User Content at any time and for any reason.
4. SUBSCRIPTIONS, FEES, AND PAYMENT
4.1 Subscription Plans. Access to the Services may be sold to Subscribers on a subscription basis. The features, usage limits, and subscription term applicable to a subscription, and the fees payable for it (the “Subscription Fees”), are those presented to the Subscriber on the Site or in the applicable order form at the time of purchase. Usage in excess of an applicable limit may be billed at the overage rates then presented on the Site or in the applicable order form, or may result in throttling or suspension of the affected feature, at Company’s election. Company may change its Subscription Fees, plan features, usage limits, or overage rates prospectively upon notice, and any such change will take effect at the start of the Subscriber’s next renewal term. 4.2 Billing and Automatic Renewal. Subscription Fees are billed in advance on the billing cycle selected at purchase and are charged to the payment method on file. Unless the Subscriber cancels before the end of the then-current term, each subscription automatically renews for a successive term of the same length at the then - current rate, and the Subscriber authorizes Company to charge the payment method on file for each renewal. A Subscriber may cancel automatic renewal at any time through the Account settings or by contacting Company as described in the section on “Contact Information”, in which case access continues through the end of the then-current paid term. A Subscriber may upgrade its plan at any time, in which case the upgrade takes effect immediately and Company will charge the prorated difference in Subscription Fees for the remainder of the then -current term. A downgrade takes effect at the start of the next renewal term, and no credit or refund is available for the unused portion of the higher -tier plan. THE SUBSCRIBER ACKNOWLEDGES THAT ITS SUBSCRIPTION WILL AUTOMATICALLY RENEW AND THAT ITS PAYMENT METHOD WILL BE CHARGED ON A RECURRING BASIS UNTIL IT CANCELS. 4.3 Third-Party Payment Processors. The Company is not a bank, money services business, money transmitter, or payment processor. Payments made through the Site are processed by a third-party payment processor (the “Payment Processor”). Your use of any payment feature is subject to the applicable Payment Processor’s terms of service and privacy policy, and you agree to comply with them. The Company does not store full payment card numbers and is not responsible for the acts, omissions, errors, or failures of any Payment Processor. 4.4 Refunds. A Subscriber may request a full refund of the Subscription Fees it has paid by submitting a request to Company within ninety (90) days after the start of its first paid subscription term. No refund shall be available for any request made after that ninety (90) day period and each Subscriber is limited to one refund under this section, regardless of any change in its business name, entity, or Account. Except where required by applicable law, all Subscription Fees are non-refundable, and no refund or credit is available for partial subscription periods, unused capacity, or periods during which the Subscriber does not use the Services. Where Company issues a refund under the ninety (90) day guarantee described above, Company will refund the full amount of Subscription Fees paid, including any amount retained by the Payment Processor. In all other cases, any amounts charged or retained by a Payment Processor are non-refundable and will not be returned even where a refund of other amounts is issued. The Company does not guarantee any number, quality, or conversion rate of Leads, and no refund is available on the basis of Lead volume or Lead outcomes. 4.5 Late Payment; Suspension. If any amount is not paid when due, Company may suspend or restrict the Subscriber’s access to the Services until payment is made, and may charge interest on the overdue amount at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. If a Subscriber initiates a chargeback or payment reversal other than in good faith and in accordance with these Ter ms, the Subscriber remains liable for the disputed amount together with any related fees, penalties, or charges imposed by the Payment Processor, and Company may suspend, restrict, or terminate the Subscriber’s Account. 4.6 Taxes. Subscription Fees are exclusive of all taxes. Each Subscriber is responsible for all sales, use, and similar taxes assessed on its subscription, other than taxes applicable to the Company. Where required, such taxes will be calculated and collected at the time of payment by Company or its Payment Processor and remitted by Company to the applicable taxing authority. Each Subscriber remains solely responsible for determining, collecting, reporting, and remitting all taxes applicable to its own business and the amounts it receives.
5. ARTIFICIAL INTELLIGENCE AND AUTOMATED PROCESSING
5.1 Automated Features. The Company uses artificial intelligence, machine learning, and other automated systems to generate quiz questions and recommendations, to analyze quiz responses, to score, route, and prioritize Leads, to draft or suggest marketing and follow -up content, a nd to operate and improve the Services (the “AI Features”). Output generated by the AI Features may be produced without human review. 5.2 No Reliance; Not Professional Advice. The AI Features generate suggestions based on the information supplied to them and on data of varying accuracy and currency. Output may be incomplete, out of date, or incorrect. Quiz results, location and neighborhood suggestions, affordability or budget indications, and any content generated through the Services are provided for general informational purposes only and do not constitute real estate, brokerage, appraisal, mortgage, lending, investment, tax, financial, or legal advice, and are not a solicitation, offer, or commitment with respect to any property or financing. You should independently verify any information before relying on it and should consult a qualified licensed professional. AI-generated content, including follow -up and marketing messages, may be sent by automated means on a Subscriber’s behalf, under the standing authorization described in the section on “Communications; SMS and Email”, without individual review or approval of each message by the Subscriber. Each Subscriber remains solely responsible for the configuration of the AI Features used in connection with its Account, for monitoring their output, and for every message sent from or in connection with its Account, whether or not the Subscriber reviewed that message before it was sent, including for ensuring that each such message complies with applicable law, including fair housing and advertising requirements. 6. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) in the case of a Subscriber, your use of, or communications with, any Lead or Respondent, including any communication generated or sent by the AI Features or other automated features on your behalf or under your standing authorization, or your use of a Bring -Your-Own Number, including any claim under the Telephone Consumer Protection Act, the C AN-SPAM Act, any state telemarketing or text -messaging law, or any fair housing or anti - discrimination law. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. THIRD-PARTY LINKS & ADS; OTHER USERS
7.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties, including any vendor that Company designates as a preferred or featured vendor and any advertisement, listing, or marketing placement that a Subscriber sells or makes available on its profile or other Subscriber-controlled space on the Site (collectively, the “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Thir d-Party Links & Ads. Company provides access to these Third -Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. Designation of a vendor as preferred or featured reflects a commercial arrangement and is not a recommendation, endorsement, or verification of that vendor. A Subscriber that sells or places any advertisement or marketing placement on the Site is solely responsible for that con tent, for its compliance with applicable law, including advertising, fair housing, and settlement service laws, and for any disclosure required in connection with it. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. 7.2 Other Users. Your interactions with other Site users, including any interaction, communication, or transaction between a Respondent and a Subscriber, are solely between you and such users. This includes any message that Company sends, schedules, or automates on a Subscriber’s behalf, which is sent as the Subscriber’s own message and on the Subscriber’s instruction and under its standing authorization, as described in the section on “Communications; SMS and Email”. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. 7.3 Release. You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability , action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third- Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HI S OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
8. DISCLAIMERS
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS -IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITI ONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ER ROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE MAKE NO WARRANTY AS TO THE NUMBER, QUALITY, ACCURACY, OR CONVERSION OF ANY LEAD, AS TO THE ACCURACY OR SUITABILITY OF ANY OUTPUT GENERATED BY THE AI FEATURES, OR AS TO THE LICENSING, QUALIFICATIONS, CONDUCT, OR PERFORMANCE OF ANY SUBSCRIBER. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOST BUSINESS OR LOST LEADS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OW N DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL T IMES BE LIMITED TO A MAXIMUM OF THE GREATER OF (A) FIFTY US DOLLARS ($50) AND (B) THE TOTAL AMOUNT OF SUBSCRIPTION FEES YOU PAID TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WIL L NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 10. TERM AND TERMINATION. Subject to this section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of t he Site in violation of these Terms. If Company terminates a Subscriber’s subscription without cause, Company will refund the pro rata portion of any prepaid Subscription Fees covering the remainder of the then -current term; no refund is due where terminat ion results from the Subscriber’s breach. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. Company will not have any other liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: the sections on “ Certain Restrictions”, “Modification”, “Support and Maintenance ”, “Ownership”, “Feedback”, “The Services; Respondents, Subscribers, and Leads ”, “ Subscriptions, Fees, and Payment ”, “ Artificial Intelligence and Automated Processing ”, “Indemnification”, “Third-Party Links & Ads; Other Users ”, “Disclaimers”, “Limitation on Liability”, this section, and the section on “General”.
11. GENERAL
11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e -mail to the last e -mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e- mail address. In the event that the last e -mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 11.2 Governing Law; Venue. These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Florida, without regard to its conflict of laws principles, and, with respect to arbitration, by the Federal Arbitration Act. Subject to the section on “Dispute Resolution”, you and Company submit to the exclusive jurisdiction and venue of the state and federal courts located in the county in the State of Florida in which Company maintains its principal place of business, and waive any objection to those courts on the basis of venue or inconvenient forum. If you are a consumer habitually resident in the European Economic Area, the United Kingdom, or another jurisdiction whose laws grant you non-waivable rights or protections, you also benefit from any mandatory provisions of the law of your country of resi dence; nothing in these Terms, including the section on “Dispute Resolution”, deprives you of the protection of those mandatory provisions or, where applicable law grants you a non-waivable right to bring proceedings in the courts of your country of residence, of that right. 11.3 Dispute Resolution. Please read the following arbitration agreement in this section (the “Arbitration Agreement ”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (the “ Company Parties”) and limits the manner in which you can seek relief from the Company Parties. (a) Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Site, the Services or these Terms (the “ Dispute”) will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreemen t shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms. (b) Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telepho nically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (the “Informal Dispute Resolution Conference ”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. 11.4 The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (the “ Notice”). The Informal Dispute Resolution Conference shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: legal@locoraa.com, or by regular mail to the address set forth in the section on “ Contact Information”. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. 11.5 The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless a ll parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, not hing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be f ulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section. (a) Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. If you are a Respondent, or are otherwise using the Site primarily for personal, family, or household purposes, the arbitration will be administered under the JAMS Streamlined Arbitration Rules and Procedures together with the JAMS Policy on Consumer Arbitrations Pursuant to Pre -Dispute Clauses, Minimum Standards of Procedural Fairness (the “ Consumer Minimum Standards ”), and Company will pay all filing, administrative, and arbitrator fees in excess of the amount those standards require you to pay. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Co mprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules - comprehensive-arbitration/. You and Company further agree that the JAMS Mass Arbitration Procedures and Guidelines then in effect will apply to any Mass Arbitration as defined in those procedures, and that this Arbitration Agreement constitutes the parties’ written agreement to their application. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800 -352-5267. The JAMS rules and procedures applicabl e to a Dispute under this subsection, together with the Consumer Minimum Standards where they apply, are referred to in these Terms as the “ JAMS Rules”. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. (b) If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the be st of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the co st of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages cont entions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 11.6 Unless you and Company otherwise agree, the arbitration will be conducted by telephone or videoconference, or on the basis of written submissions, without an in -person hearing. If an in -person hearing is deemed necessary, it will take place in the county where you reside if you are a Respondent or in the county in the State of Florida in which Company maintains its principal place of business if you are a Subscriber, as applicable and appropriate under the JAMS Rules. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of t he arbitration. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules. (a) You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. (b) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all Disputes about the payment of arbi tration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction an d not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. Except as provided in the JAMS Mass Arbitration Procedures and Guidel ines, the arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall ha ve the authority to award monetary damages and to grant any non -monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. (c) Waiver of Jury Trial. EXCEPT AS SPECIFIED IN THE SUBSECTION ENTITLED “APPLICABILITY OF ARBITRATION AGREEMENT”, YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND THE COMPANY PARTIES ARE INSTEAD ELECTING THAT ALL COVERED CLAIMS AND DISPUTES SHALL BE RESOLVED EXCL USIVELY BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT, EXCEPT AS SPECIFIED IN THAT SUBSECTION. AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THESE TERMS AS A COURT WOULD. HOWEVER, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS SUBJECT TO VERY LIMITED REVIEW. (d) Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOL VED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection are invalid or unenforceable as to a particular claim or req uest for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in th e state or federal courts located in the State of Florida. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims. (e) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the stan dards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfie d any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover its reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. (f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the mailing address set forth in the section on “Contact Information”, or by email to legal@locoraa.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of t his Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us. (g) Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be f orever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction. (h) Modification of this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Company at the mailing address set forth in the section on “ Contact Information”, or by email to legal@locoraa.com. Unless you reject the change within 30 days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Site, any communications you receive, any products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms. 11.7 Disclosures. Company is located at the address set forth in the section on “ Contact Information”. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. 11.8 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communication s from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy i f they were in a hardcopy writing, including under the federal Electronic Signatures in Global and National Commerce Act (ESIGN). The foregoing does not affect your non-waivable rights. 11.9 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Ter ms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms wil l be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, fiduciary, or brokerage relationship between you and Company, and neither party has authority to bind or act on behalf of the other. Each Subscriber operates its business independently of Company and is not a licensee, affiliate, or representative of Company. These Terms, a nd your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. 11.10 Copyright/Trademark Information. Copyright © 20 26 Locoraa LLC. All rights reserved. All trademarks, logos and service marks (the “ Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.