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Terms of Service Agreement

Last Updated: November 1, 2022
 

Thank you for using the lootenergy.com website and associated content (hereinafter “Website”). Loot Energy (referenced as “We”, “Us”, and “Loot Energy”) provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Use Agreement (hereinafter “Agreement”).

 

This Website is intended to provide information and services to adults. This Website is not intended for children under the age of 16 to use without direct parental supervision. No one under the age of 16 may use the Website without the consent of their parent or legal guardian.

 

By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Loot Energy reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Loot Energy replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to an agreement with any replacement, modification, or amendment herein.

 

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND LOOT ENERGY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

 
(1)    User Warranties

 

By using the Website, you warrant that you are age sixteen (16) or above the age of majority within your legal jurisdiction or have the express permission of your parent or legal guardian, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.

 

(2)    Privacy Policy

 

Loot Energy hereby incorporates its Privacy Policy by reference as if fully restated herein.

 

(3)    Limited License
 

You acknowledge and agree that the Website is the property of or is licensed by Loot Energy and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Loot Energy reserves all of rights not expressly granted through this Agreement.

 

Loot Energy provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

 
(4)    Acceptable Use Policy

 

You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.

 

(5)    User Generated Content
 

Loot Energy may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website through your User Account, including, but not limited to, user reviews (collectively “User-Generated Content”). You warrant that your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Website, you grant Loot Energy a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. The customary and intended purposes of the Website may include, but are not limited to, fulfilling orders or displaying user reviews. By submitting User-Generated Content to the Website, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted to the Website. Loot Energy assumes no responsibility, and cannot be held liable for, the conduct of any User Account that submits User-Generated Content to the Website.

 
(6)    Copyright Policy

 

The Website and its associated content and services are © Loot Energy LLC  

 

If you believe that a user of the Website has infringed upon your copyright rights, you may provide Us a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.

 

Upon receipt of a notice that complies with this section, We will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.

 

This notice of copyright infringement must contain the following:

 

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner;

  • Identification of the copyrighted work(s) alleged to have been infringed;

  • The location of the copyrighted work(s) on the Website;

  • Your contact information, such as an address, telephone, fax number, or email address;

  • A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

 

If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:

 

  • Identification of the specific materials that have been removed from the Website;

  • Your contact information, such as an address, telephone, fax number, or email address;

  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;

  • A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which We are located;

  • A statement that you will accept service of process from the notifying party; and

  • Your physical or electronic signature.

 

Notifications of copyright infringement and counter-notifications must be submitted to Us at Copyright@lootenergy.com or via postal address to the following address:

           

           Attn: Loot Energy

           213 E. Frank Street

           Kalamazoo, MI 49007

 

(7)    Section 230 of the Communications Decency Act

You understand and agree that Loot Energy provides the Website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the Website. You understand and agree that Loot Energy is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act and that Loot Energy cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though Loot Energy may edit, remove, or control the content submitted to and displayed through the Website by third parties, it will not be held liable for that content. The Website may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by Loot Energy. The user understands and agrees the Loot Energy has the sole discretion to post a review or user submission. If the user submission violates an entity or person’s rights protected under libel and defamation laws, Loot Energy reserves the right to investigate and act as it sees most proper, including but not limited to removal of the user submission.

 
(8)    Products, Services, and Availability

 

Each order submitted to Loot Energy through the Website is an offer to Loot Energy to buy the product(s) or service(s) listed in the order. When you place an order to purchase a product or service through the Website, Loot Energy will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute Loot Energy’s acceptance of your order. If your order contains products, your order will have been deemed to have been accepted by Loot Energy when the product(s) contained within the order is shipped by Loot Energy to you. Loot Energy offers its products to the United States, excluding Hawaii and Alaska.

 

While Loot Energy strives to provide regular access to its products, services, and Website, it is possible high volume or specific products may be unavailable at the time of your order. If this is the case, Loot Energy will contact you in a reasonable time frame to advise you of the issue. You understand and agree that the availability of a product displayed through the Website does not guarantee that the product will be available at a certain date or time.

 

Loot Energy offers products and information relating to healthy lifestyles, dieting, and energy-based drinks. Loot Energy gives no guarantee or warranty that the Website’s information is accurate, up-to-date, or should be relied upon by the user. This information is for educational purposes only, and gives no medical advice, endorsement, treatment, or any other form of medically related services or consultation that requires a license. The Website is provided on and “as is” basis, meaning no user has any claim for breach of this Agreement in the event that the user obtains false, improper, or misleading information about any relevant medical professional.

 

(9)    Payment

 

Payment for all orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Loot Energy is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Loot Energy’s payment processor. You agree that you will not initiate any chargebacks to Loot Energy unless otherwise authorized by Loot Energy in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Loot Energy.

 

(10)    Taxes

 

You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website. Loot Energy will report as income all payments received from you to Loot Energy to all proper taxing authorities.

 

(11)    Returns & Exchanges

 

All sales through this Website are final. If you have any questions or concerns regarding your purchased product(s), please contact Us at support@lootenergy.com.

 
(12)    User Accounts

 

Loot Energy may provide you with the ability to create a user account, either through Loot Energy itself or through a supported third-party vendor whom Loot Energy utilizes, which may provide you with the ability to view special areas and services through the Website (hereinafter “User Account”). A User Account may be created by providing information to Loot Energy when you purchase products, or when you voluntarily create an account utilizing one of the third-party services that Loot Energy uses.

 

User Accounts created on third-party services are governed exclusively by those third-party services’ terms of use agreement and privacy policies. Loot Energy only has control and this Agreement only governs the User Account created by and governed by Loot Energy. You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. Loot Energy will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide Loot Energy with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to Loot Energy, you acknowledge and agree that Loot Energy may use your personal information to contact you.

 

Loot Energy reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.

 

When using a User Account, you warrant and agree that, on behalf of yourself and your past, present, and future agents, servants, employees, representatives, and attorneys, you will hold the terms of all Loot Energy pricing and products confidential and will refrain from distributing Loot Energy proprietary information to any third parties except: (a) as may be required pursuant to a court order or other lawful process; or (b) as may be required by applicable law (including tax laws and regulations). This confidentiality provision will not extend to any pricing or inventory information that is now or may in the future become generally available to the public through no improper action or inaction by Loot Energy or its affiliates, agents, consultants, or employees. You and Loot Energy acknowledge and agree that a violation of this confidentiality obligation would cause Loot Energy irreparable harm not compensable by monetary damages. Accordingly, in the event of an actual or threatened violation of your confidentiality obligations under this section, Loot Energy will be entitled to temporary, preliminary, and permanent injunctive relief, without the necessity of filing a bond. Additionally, in the event of your actual violation of these confidentiality obligations, Loot Energy will be entitled to recover against you: (a) actual monetary damages; and (b) in all events where liability is established, the reasonable attorneys’ fees and costs incurred in connection with establishing liability.

 
(13)    Third Party Links

 

You acknowledge and agree that the Website may contain links to third party websites or content that Loot Energy does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Loot Energy will not be responsible for websites not under the ownership or control of Loot Energy.

 

(14)    Term and Termination
 

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Loot Energy terminates your access to the Website; (ii) you cease using the Website and terminate your User Account, or (iii) notification to Loot Energy, via writing, that you wish to terminate your contractual relationship with Loot Energy, so long as it does not breach any other term of this Agreement. Loot Energy reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

 
(15)    Trademarks

 

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Loot Energy, including but not limited to LOOT ENERGYTM, are common law or registered trademarks owned by or licensed to Loot Energy. You are expressly prohibited from using the trademarks of Loot Energy to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Loot Energy in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

 
(16)    ADA Accessibility Policy

 

We are happy to accommodate users with special needs or requirements. Loot Energy is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and services. In designing the website, Loot Energy makes reasonable efforts to comply with the WCAG 2.1 Level AA web accessibility standards. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact Loot Energy at support@lootenergy.com.

 
(17)    Disclaimer of Warranties and Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ANY PURCHASED SERVICES, PRODUCTS, OR FREE DEMOS ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT LOOT ENERGY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT LOOT ENERGY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.

 

LOOT ENERGY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE OR PRODUCTS ADVERTISED. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

 

LOOT ENERGY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, DEATH, PERMANTN OR TEMPORARY DISABILITY, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED OR SERVICES ADVERTISED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT LOOT ENERGY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCTS OR $1000, WHICHEVER IS LESS.

 
(18)    Indemnification

 

You agree to indemnify, defend, and hold harmless Loot Energy, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products or services through the Website; (iii) your use or misuse of products or services obtained through the Website; (iv) your User Generated Content; (v) your violation of any term or condition of this Agreement; (vi) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vii) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Loot Energy will not provide you with the ability to control Loot Energy’s defense, and Loot Energy reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

 
(19)    Resolution of Disputes and Governing Law.

 

This Agreement will be governed by and interpreted in accordance with the laws governed by the State of Michigan without regard to the conflicts of laws rules thereof.
 

YOU AND LOOT ENERGY AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN KALAMAZOO, MICHIGAN, UNITED STATES AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF MICHIGAN AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND LOOT ENERGY AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGEMENT IN ANY COURT THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND LOOT ENERGY AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF MICHIGAN IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND LOOT ENERGY HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

Notwithstanding the foregoing, both parties retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court.

 

Both parties understand and agree that they explicitly waive their rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. Both parties also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.

 

Both parties understand and agree that their liability under the terms of this Agreement shall not exceed $1,000. Both parties understand and agree, and explicitly waive, that the arbitrator of any claim or dispute arising out of or in relation to this Agreement will be prohibited from granting consequential, special, indirect, incidental, punitive, or exemplary damages.

 

BOTH PARTIES UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.

 
(20)    Force Majeure

 

Loot Energy will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Loot Energy’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, computer or technology outages or failures, severe weather, or other accidents.

 
(21)    Survivability

 

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Loot Energy.

 
(22)    Severability

 

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

 
(23)    Interpretation

 

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

 
(24)    Assignment

 

You are expressly prohibited from assigning your rights and duties under this Agreement. Loot Energy reserves the right to assign its rights and duties under this Agreement, including in a sale of Loot Energy or its Website.

 
(25)    Waiver, Privacy Policy, and Integration

 

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Loot Energy incorporates by reference its Privacy Policy as if fully stated herein.

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