1. Personal Information We Collect
Information you give us
Personal information that you may provide through the Services or otherwise communicate with us includes:
• Account information, we collect information from you when you register for an account (“Account”) in the App, such as your first name, last name, email address, bank account data;
Information automatically collected
We may automatically log information about you and your mobile device when you access our App. For example, we may log your mobile device operating system name and version, manufacturer and model.
If you enable location sharing, we may log your location, when the App is used to provide assistance for you to find a Loop collection bin nearby as a bin map with navigation.
2. How We Use Your Personal Information
To provide our Services
If you have an Account or use our Services, we use your personal information to:
- operate, maintain, administer and improve the Services;
- manage and communicate with you regarding your Account, if you have one, including by sending you service announcements, technical notices, updates, security alerts, and support and administrative messages;
- process and manage your credit accounts and refunds;
- better understand your needs and interests, and personalise your experience with the Services;
- provide support and maintenance for the Services;
- respond to your service-related requests, questions and feedback; and
- to effectively deal with customer complaints. Your information may, where appropriate, be shared with Loop partners (i.e. Kroger).
LOOP - Terms of Service
Last Updated: 1.12.2022
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND LOOP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
1. Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
3. Changes to these Terms or the Services.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the “Dispute Resolution” section, for which you have followed the process in Section 16(f). Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We may add, remove, suspend or alter access to any content available through or on the Services from our Services at any time and make no guarantee as to the availability or minimum amount of specific content.
4. Who May Use the Services?
- Eligibility. To use the Services, you must be at least  years of age and not otherwise barred from using the Services under applicable law. If you are not legally considered an adult in your jurisdiction, you must ask one of your parents (or legal guardians) to read these Terms and accept them on your behalf. Parents and guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian authorized such uses.
- Registration and Your Information. If you want to use certain features of the Services, you’ll have to create an account (“Account”). You can do this via the Services or through your account with certain third-party services such as Apple or Google (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
- Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, including, without limitation, the posting of User Content (as defined below), and any communications or other contact you have with other users of the Services, whether or not you know about them. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the Services at any one time.
- Mobile Device. In order to use the Services, you are required to use the App downloaded via Internet access on a smartphone or other mobile device running either the iOS or Android operating system.
5. How Do the Services Work?
- Purchasing Products. You may purchase Products at stores that participate in the Service and where purchases of Products can be made (“Participating Stores”). “Products” means the third-party branded products made available by Loop in durable and refillable vessels used for packaging products (the “Packaging”). In some cases, a durable and reusable tote bag (the “Bag”) will be provided to you in connection with a purchase of Products. For each purchase of Products, you will be required to pay a deposit fee (the “Deposit Fee”) to Loop via the App. When you return the Packaging and Bags, as applicable, the Deposit Fee will be returned to you as described further below.
- Returning the Packaging.
- If Your Packaging Contains a QR Code. In order to properly return the Packaging and Bags, you will be required to use the App to scan the QR code on the applicable Packaging and/or Bags and then return the Packaging and/or Bags at the Participating Store. In some Participating Stores, returns of Packaging and Bags will be required to be made in a dedicated Loop receptable bin (“Loop Collection Bin”). If you are unable to locate the QR code on the Packaging or Bag or if you are unable to locate the nearest Loop Collection Bin, you may contact us at email@example.com.
- If Your Packaging Does Not Contain a QR Code. If you Packaging or Bag does not include a QR code, you may return the Packaging with a label containing a unique code (“Unique Code Label”). You may obtain a Unique Code Label by following the instructions at the Loop Collection Bin. You will be required to affix the Unique Code Label onto the Packaging, scan the Unique Code Label using the App, and, after scanning, return the Packaging by placing it in the Loop Collection Bin.
- Refund of the Deposit Fee. Any returns of Packaging and/or Bags will be taken to our warehouse for processing. Once we’ve processed the return, subject to your compliance with these Terms we will notify you via the App and an amount equal to the Deposit Fee will be refunded to you (the “Deposit Refund”). We reserve the right to withhold the Deposit Refund if there is damage or another issue with the Packaging and/or Bags.
- Deposit Credits.
- Deposit Credits. You may view your balance of Deposit Credits at any time within the App (the “Deposit Balance”).
- In certain circumstances, in our sole discretion, including if we suspect fraudulent activity in your Account, we may be unable to complete your requested withdrawal, in which case will notify you. Loop is not responsible whatsoever for any acts or omissions of its third-party payment processors, PayPal or your banking provider.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. Content Ownership, Responsibility and Removal.
- Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services.
- Our Content Ownership. Except for any licensed rights granted under these Terms of Service, Loop does not claim any ownership rights in any User Content. Subject to the foregoing, Loop and its licensors exclusively own all right, title and interest, including all intellectual property rights, in and to the Services and Content, including all software, features, trademarks, trade names, service marks, trade dress, and the look and feel of the Services. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
- Rights in User Content Granted by You to Us. By making any User Content available through the Services, you hereby grant to Loop and its parents, subsidiaries, affiliates, licensee, successors, and assigns (the “Loop Parties”) an irrevocable, non-exclusive, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense (through multiple tiers of sub-licensing), and to use, copy, modify, adapt, crop, edit, creative derivative works, and to otherwise distribute, publicly display, and publicly perform and otherwise exploit in any media now known or hereafter devised, your User Content in whole or in part in connection with providing the Services and Content to you and to others. In addition, we may use any statements and testimonials you provide us regarding your use of the Service in connection with promotion and marketing of our Services. You represent that any statements and testimonials made by you are and will continue to reflect your honest opinion regarding the Products.
- Your Responsibility for User Content. You are solely responsible for all your User Content. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any exercise of any rights granted by you in such User Content will (i) conflict with any rights or commitments granted by you to any other party; or (ii) infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Removal of User Content. We have the right, in our sole discretion, to remove any User Content. You can remove your User Content by specifically deleting it. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Except as expressly stated herein, you acknowledge and agree that we have no obligation to provide, monitor, edit, upload, or remove any of your User Content, although we have the right to do so.
8. Rights and Terms for Apps.
- Rights in App Granted by Loop. Subject to your compliance with these Terms, Loop grants to you (a) a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App and (b) to the extent the Site is accessible as part of the Services, a limited, non-exclusive, non-transferable right, with no right to sublicense, to use and access the Site, in each case solely for your own personal non-commercial purposes. You may not copy the App or Site. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App or Site; (ii) distribute, transfer, sublicense, lease, lend or rent the App or Site to any third party; (iii) reverse engineer, decompile or disassemble the App or Site; or (iv) make the functionality of the App or Site available to multiple users through any means. Loop reserves all rights in and to the App and Site not expressly granted to you under these Terms.
Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Loop, and not with the App Provider, and Loop (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Loop.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Loop will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third-party terms of service when using the App.
9. General Prohibitions and Loop’s Enforcement Rights.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;
- Use, display, mirror or frame the Services or any individual element within the Services, Loop’s name, any Loop trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Loop’s express written consent;
- Access, tamper with, or use non-public areas of the Services;
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Loop or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Loop trademark, logo URL or product name without Loop’s express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, claim a false affiliation, or misrepresent the source or identity of content used through the Services;
- You agree not to provide any information that is intended to misinform, misdirect, mislead, or otherwise deceive any users of the Services or any other third party;
- Violate any applicable law or regulation;
- Directly or indirectly induce others to do any of the above.
Loop is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. Links to Third Party Websites or Resources.
The Services (including the Site and App) may allow you to access third-party websites or other resources. To the extent provided by us, we provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may terminate or suspend, in whole or in part, your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may deactivate your account at any time or request permanent deletion of your account, by contacting us at email@example.com which we will consider on a case-by-case basis. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7, 9, 11, 12, 13, 14, 15, 16, and 17.
12. Warranty Disclaimers.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. WE ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT, OR ANY COMMUNICATIONS, AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND IN REGARD TO USER CONTENT.
IN ADDITION, YOU ACKNOWLEDGE THAT THE SERVICES INCLUDE THE PROVISION OF THIRD-PARTY PRODUCTS, PACKAGED USING LOOP’S DURABLE REUSABLE PACKAGING AND THAT, ACCORDINGLY, LOOP IS NOT RESPONSIBLE, AND MAKES NO WARRANTY OF ANY KIND, TO SUCH THIRD-PARTY PRODUCTS. YOUR USE OF SUCH THIRD-PARTY PRODUCTS IS AT YOUR OWN RISK AND SUBJECT TO ANY WARRANTIES OR OTHER TERMS PROVIDED BY THE THIRD PARTIES PROVIDING SUCH PRODUCTS. IN ADDITION, LOOP IS NOT RESPONSIBLE WHATSOEVER FOR THE ACTS OR OMISSIONS OF ANY PARTICIPATING STORE, INCLUDING ANY PROPERTY DAMAGE OR BODILY INJURY CAUSED BY A PARTICIPATING STORE. ACCORDINGLY, YOU HEREBY WAIVE AND RELEASE LOOP AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS WITH RESPECT TO THE THIRD-PARTY PRODUCTS OR ANY PARTICIPATING STORE, INCLUDING ANY CLAIMS THAT YOU MAY NOT KNOW OR SUSPECT TO EXIST AT THE TIME YOU ACCEPT THESE TERMS.
You understand and acknowledge that you are familiar with California Civil Code section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You shall be deemed to have, and by operation of these Terms shall have, expressly waived and relinquished any rights you may have under Civil Code section 1542 or any other statute or common law principle with a similar effect as to all releases set forth in these Terms. In furtherance of this intention, the releases herein given shall be and remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claim or fact.
You will indemnify and hold harmless Loop and its affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) violation of these Terms.
14. Limitation of Liability.
- For the purposes of this Section 14, “Loop”, “we”, or “us” shall include Loop, its parents, subsidiaries, affiliates, investors, agents, and successors and assigns.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LOOP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOOP OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL LOOP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOOP AND YOU.
15. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 (Dispute Resolution) the exclusive jurisdiction for all Disputes (defined below) that you and Loop are not required to arbitrate will be the state and federal courts located in the New York, New York, and you and Loop each waive any objection to jurisdiction and venue in such courts.
16. Dispute Resolution.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Loop agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Loop are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-out. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org by regular mail to LOOP USA LLC, 121 New York Avenue, Trenton, NJ 08638 within thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
- Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and 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 that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, an injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
- Class Action Waiver. YOU AND LOOP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 (Changes to these Terms or the Services) above, if Loop changes any of the terms of this Section 16 (Dispute Resolution) after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Loop’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Loop in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you most recently accepted these Terms.
- Severability. With the exception of any of the provisions in Section 16(f) of these Terms (Class Action Waiver), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
17. General Terms.
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Loop and you regarding the Services and Content, and these Terms supersede and replace all prior oral or written understandings or agreements between Loop and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Loop’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Loop may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Loop under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Loop’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Loop. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Contact Information.
If you have any questions about these Terms or the Services, please contact Loop at:
Address: LOOP USA LLC, 121 New York Avenue, Trenton, NJ 08638