TERMS OF SERVICE AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE.
SUMMARY OF SERVICE AND CONDITIONS
Welcome to the website of The Local Crowd!
The TLC Cooperative (TLCC) was founded to facilitate the spread of community spirit, sharing, gratitude, and support for one another. We believe in the goodness of the human spirit. We believe Users will want to act with integrity, to be kind, fair and appropriate in their interactions with us and with other users of the platform.
To ensure clarity about expectations and appropriate actions, TLCC has followed the common practice of developing a legal document to outline our terms of service and use. Please read these Terms of Service and Conditions carefully before using our website.
These Terms of Service and Conditions constitute a legally binding contract between you and The Local Crowd and our affiliates. By accessing our website you agree to be bound by these Terms of Service and Conditions, and all other applicable terms and policies provided for on the site. If you do not agree to these terms and the site’s policies, you should not use the website or service. If you have any questions about Terms of Service and Conditions meanings provided in this agreement, you should consult with an attorney before using the website.
- Section 1. General Purpose
- Section 2. Definitions
- Section 3. User Obligations
- Section 4. Campaign Creator Obligations
- Section 5. Contributing to a Campaign
- Section 6. The Role of The Local Crowd Cooperative
- Section 7. TLCC Intellectual Property
- Section 8. User Intellectual Property
- Section 9. TLCC’s Rights Concerning User Accounts and Termination
- Section 10. Other Websites
- Section 11. System Outages and Maintenance
- Section 12. Indemnity
- Section 13. No Warranty
- Section 14. Limitation of Liability
- Section 15. Governing Law
- Section 16. Full Agreement Between You an TLCC
- Section 17. Miscellaneous
SECTION 1. GENERAL PURPOSE
The Local Crowd Cooperative (TLCC) is an online crowdfunding platform dedicated to facilitating local community wellbeing and mutual support. The platform brings together users that seek to raise funds for their own campaigns (Campaign Creators) and to contribute to the Campaigns of others (Contributors). Campaign creators can offer rewards to Contributors as gratitude for receipt of the Contributors’ funds.
SECTION 2. DEFINITIONS
- “Campaign Creators” are those Users who raise funds through the Site and Services;
- “Campaigns” are Campaign Creators’ fundraising campaigns through the Services;
- “Content” refers to all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through the Services;
- “Contributors” refers to those Users contributing funds to Campaigns;
- “Contributions” refers to funds donated to Campaigns by Contributors;
- “DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;
- “Infringement” refers to the unauthorized or not permitted use of copyrighted material or other intellectual property rights;
- “Marks” refers to the trademarks, service marks, and logos used and displayed throughout the Services or in any TLCC Content;
- “Rewards” refers to the gifts in the form of tangible items or intangible services offered by Campaign Creators to Contributors;
- “Services” refers to the Site, mobile applications or connected applications, other offerings and services provided on the Site;
- “Site” refers to The Local Crowd Cooperative website(s);
- “Terms” or “Terms of Service” or “TOS” refers the Terms of Service, Additional Policies, all applicable laws, and all conditions or policies referenced here;
- The Local Crowd Cooperative,” TLCC,” “We, ” “Our, ” or “Us” refers to The Local Crowd Cooperative, a Wyoming nonprofit corporation, affiliates, agents, representatives, consultants, employees, officers, and directors;
- “TLCC Content” refers to Content provided by TLCC to Users in connection with the Services, including, without limitation, the software, the products and the site;
- “User,” “You, ” or ” Your” refers to Campaign Creators, Contributors or any other visitor to the Site or Users of the Services, either individually or collectively;
- “User Content” refers to Content uploaded, transmitted or posted to the Services by a User, including User Content in a Campaign.
SECTION 3. USER OBLIGATIONS
The following rules are applicable to all users who hereby agree to be bound by same, in addition to all other rules and regulations applicable to users under these Terms of Service.
- You Are Responsible for Your Account. To use many of the services, you will need to register and create an account with a username and password. You must provide us with accurate and complete information, and you must update your account information as needed to keep the information accurate and complete. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights. You are solely responsible for maintaining the confidentiality of your account and for all activities associated with or occurring under your account. If you suspect or discover any unauthorized use of your account, you should notify TLCC immediately here. We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account with or without your knowledge.
- You Must Be 18 Years OldYou must be 18 years or older to sign up for an account and use Our Services. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age and capacity to form a binding contract, and that all registration information you submit is accurate and truthful. You are responsible for any and all account activity conducted by a minor on your account.
- Terminating Your Account. You may submit a request to terminate your account by contacting us here. This will not automatically delete User Content. We may need to retain certain information as required by law or as necessary for Our business purposes. These Terms, including our rights to User Content, survive termination of an account.
- Be Truthful. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
- Follow The Law and Our Policies. You may not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you may have toward any party. You may not offer Rewards that are illegal, violate any of TLCC’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Avoid Spam and Unsolicited Communications. You may not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, chain letters or spam. Do not run mail lists, listservs, or any kind of autoresponder or spam on or through the Site.
- Respect The Rights of Others. You may not threaten, abuse, harass, defame, or engage in behavior that is libelous, tortious, obscene, profane, or invasive of another’s privacy.
- Respect The Property of Others. Do not distribute software viruses or any other programs designed to interfere with (1) the proper function of any software, hardware, or equipment on the Site or (2) the use of the Site by any other User.
- Do Not Engage in Activities that Affect The Functioning of The Site. You may not bypass any measures that We have put in place to secure Our Site or Services, take actions to gain unauthorized access to any system, data, passwords, or other TLCC or User information or Services, reverse engineer or take apart any aspect of the Services to access any underlying information, or use any kind of software to “crawl” or “spider” any part of the Site.
- Fees. There are fees to access our educational materials and campaign Creators are charged a Platform Fee, which is the standard fee of 5% of the Contributions raised on the Site. We reserve the right to vary this rate for specific campaigns in agreement with the Campaign Creator. In addition, Campaign Creators are charged a payment processor transaction fee. [On occasion it is possible that a contribution made by a Campaign Contributor may be returned to the Campaign Contributor by Stripe (for example if there has been fraud on their debit/credit card). In these circumstances it may be that the amount shown on the TLCC website will show a higher amount raised on a campaign until TLCC is informed by Stripe of the need to make an adjustment. Once we have been informed, we will endeavor to make the adjustment within 2 working days.] Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Service or continuing to operate as a Campaign Creator on the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time; provided, however, that this Agreement shall govern if there is any discrepancy between this Agreement and the Stripe Services Agreement. As a condition of TLCC enabling payment processing services through Stripe, you agree to provide TLCC accurate and complete information about you and (if applicable) your business, and you authorize TLCC to share it and transaction information related to your use of the payment processing services provided by Stripe. TLCC shall have no liability for transactions or interactions with the third-party payment processor, including without limitation in any instance where a Contribution has been made by a Contributor and such Contributor fails to pay such Contribution in a timely manner if and when collection comes due.
- Event Contributions are Made. Campaign Creator understands and agrees to accept all risks associated with Contributions that are made and that there is a risk that if and when such Contributions come due for collection, the Contributor may fail to make good on payment (even after funds have already been provided to Campaign Creator); any such failure shall in no event be TLCC’s responsibility, and Campaign Creator agrees not to and shall not seek any remedies or damages from TLCC with respect to such collections, and if applicable, shall return the disputed funds to TLCC pany or be charged for same as provided for hereinabove. Campaign Creator understands and agrees that recourse for any such failures may only be made by Campaign Creator directly against the Contributor that failed to make good on their Contribution.
SECTION 4. CAMPAIGN CREATOR OBLIGATIONS
As a Campaign Creator, when you create a Campaign on the Site and ask for Contributions, you understand that you are entering into separate legal agreements with both The Local Crowd Cooperative and with Contributors, and the following rules apply (in addition to all other Terms and Additional Policies).
- Good Faith. Make good faith efforts to fulfill the Rewards associated with a Campaign in the timeframe that is communicated to Contributors.
- Notice of Delay. Immediately notify Contributors if there are obstacles or delays.
- Be Responsive. Respond promptly and truthfully to all questions posed by Contributors and any questions or requests The Local Crowd Cooperative makes.
- Updates. Provide substantive and quality updates at least once a month to Contributors.
- If you have received the Contributions from your Campaign, issue refunds to Contributors if you cannot deliver Rewards. Contributors contribute to Campaign Creators, not to TLCC. Refunds must be handled by the Campaign Creator, and TLCC has no obligation to provide any refunds or become involved with any dispute between a Campaign Creator and Contributor.
- Comply with Laws. Comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards.
- Be Truthful and Transparent. Campaign Creators should be ready, willing, and able to substantiate claims your Campaign makes, including but not limited to product features and capabilities, the stage of product development, and timelines for delivery. If you are unable to substantiate claims, The Local Crowd Cooperative may terminate your account, withhold funds, or other actions to enforce its rights under this Agreement and applicable law.
- Platform Fees. Campaign Creators are charged a Platform Fee as a portion of the Contributions they raise (the “Platform Fees“). The Platform Fees are effective on the date that the Platform Fees are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
- Taxes. Taxing authorities may classify Contributions as taxable income to the Campaign Creator and any beneficiary who will receive funds directly from the applicable Campaign. The Local Crowd Cooperative may ask for the tax identification number (TIN) of Campaign Creators and any beneficiaries so that We may report taxable income to the relevant taxing authorities. Stripe Connect , as our payment processing affiliate, may provide Campaign Creators with tax documents if required by relevant taxing authorities. TLCC is unable to provide any User or third party with tax advice and suggests that such Users or third parties consult with tax advisors of their choice. The shipment of Rewards to Contributors may expose Campaign Creators and Contributors to sales and use tax obligations.
- Respond to Requests from TLCC for Information about Your Campaign. TLCC does not guarantee any Campaigns or undertake the duty to investigate or moderate any statements made by a Campaign Creator (see section 5 below). However, TLCC may, but is not required to and undertakes no obligation to, request information from Campaign Creators to investigate possible breaches of this Agreement. The information TLCC may request includes, but is not limited to, information to support Campaign statements, evidence that the Campaign Creator is taking actions to deliver promised products, productions and shipping timelines and information, source documentation to substantiate product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Creators, vendors, and suppliers. You agree that TLCC may employ third parties to assess the documents and your Campaign. You agree to provide this information to TLCC upon request. Failure to provide any of the requested information within 14 days, or a longer time provided by TLCC in writing, shall be deemed a material breach of this Agreement.
- TLCC Reserves the Right to Recover Funds Dispersed to Campaign Creators, for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situation. For example, TLCC may request reimbursement of contributions made to a Campaign if the Campaign Creator violates any Terms (as determined by TLCC in its sole discretion). If you do not provide information within the requested time or are not able to substantiate claims made in your Campaign, TLCC may terminate your Campaign and account and avail itself of any remedies available to it under this Agreement or applicable law. TLCC may seek reimbursement from a Campaign Creator by any other lawful means, including by using third-party collection services.
Please remember that as a Campaign Creator, you are solely responsible for fulfilling the obligations of your Campaign and delivering Rewards. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Contributors.
SECTION 5. CONTRIBUTING TO A CAMPAIGN
As a Contributor, when you make a Contribution to a Campaign, you understand that the following rules and Terms apply (in addition to all other Terms).
- Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.
- TLCC Does Not Guarantee that Campaigns Will Succeed or that Rewards Will Be Delivered or Deemed Satisfactory.By contributing to a Campaign, Contributors are supporting an idea, project, or cause they care about and want to help make happen. Like anyone getting in on an early-stage project, Contributors accept the risk that the Campaign may experience changes, delays, and unforeseen challenges, or that a Campaign, and its Rewards, might not come to fruition. TLCC does not guarantee or represent that Contributions will be used as promised, that Campaign Creators will deliver Rewards, or that the Campaign will achieve its goals. TLCC undertakes no duty to investigate claims made by Campaign Creators. TLCC also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Campaign, Reward or Contribution, or the truth or accuracy of any User Content posted on the Services. The date to deliver a Reward is an estimate by the Campaign Creator (not TLCC), and there is no guarantee that the Campaign Creator will fulfill and deliver the Reward by that date. No transfer of title to tangible personal property occurs through TLCC.
- Refunds. Contributors contribute to Campaign Creators, not to TLCC. Contributors may contact the Campaign Creator directly to request a refund. TLCC has no obligation to participate or become involved in any dispute between Contributor and Campaign Creator concerning a refund.
- Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information. Your credit card statement will show a charge from The Local Crowd Cooperative.
- Communications Between Campaign Creators and Contributors. Once you have made a Contribution to a Campaign, the Campaign Creator may need to contact you to obtain additional information such as shipping address, specific preferences for a Reward (for example, color or size of a t-shirt), or may ask for feedback on the Campaign or the Reward. In some instances, to receive the Reward, you may need to provide requested information within a specific time frame to receive the Reward, not doing so may result in your forfeiting the Reward. Campaign Creators should not ask for information that is not required to fulfill a Reward, including personal information such as Social Security numbers or credit card/banking information. Please contact TLCC if you receive a request for information that appears to be excessive.
- Taxes are your responsibility. Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Rewards for tax purposes. TLCC does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.
SECTION 6. THE ROLE OF THE LOCAL CROWD COOPERATIVE
- We do not Endorse User Content. TLCC provides the platform for creation of Campaigns and interaction of Users. We do not screen any Campaigns or endorse any User Content on Our site. Likewise, TLCC does not undertake any duty to investigate or guarantee the truthfulness of any claims made by Campaign Creators. You should evaluate a Campaign’s statements before choosing to back the Campaign.
- We may remove User Content or Cancel Campaigns in Our Discretion. TLCC may remove User Content that violates the Terms at its sole discretion. We may take a while to investigate and determine if such actions are warranted. It is at TLCC’s sole discretion whether to discuss the reasons for taking action against any User Content or account.
- We Do Not Guarantee Rewards. Campaign Creators bear sole responsibility for the delivery of Rewards and for the offering of any refunds.
- We Do Not Provide Tax or Legal Advice to Users. Users bear sole responsibility for determining how the applicable laws apply to running a Campaign, Contributing to a Campaign, or utilizing any of the Services.
- We Do Not Become Involved in Legal Disputes Between Users. TLCC bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Users, including between Contributors and Campaign Creators.
- You Are Responsible for Your Campaigns, Even If You Engage Our help. TLCC may offer additional services, including coaching, education, and helping with drafting Campaign Content, assisting with the design of Campaigns, and referring vendors and other service providers to Campaign Creators. Even where We help with your Campaign, Campaign Creators bear sole responsibility for the Campaign and must comply with all obligations in the Terms as the only responsible party for the Campaign.
SECTION 7. TLCC INTELLECTUAL PROPERTY
- TLCC Intellectual Property. TLCC’s Services, Content and Marks, are legally protected in a number of ways, including pursuant to copyright, trademark, service marks, patent, trade secrets, and other U.S. and international intellectual-property laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any TLCC Content, Services, or Marks accessed through the Site or the Services. You agree not to change, translate, or otherwise create derivative works of the Services.
- Limited User Rights; License to TLCC Content. TLCC grants you a limited license (that is temporary, non-exclusive, non-sublicensable, and non-transferrable) to access and use User Content and TLCC Content solely for use of the Services in accordance with these Terms. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any User Content or TLCC Content unless We give you express written permission to do so. We reserve the right to revoke this limited license to access and use User Content and TLCC Content at any time and in our sole discretion.
SECTION 8. USER INTELLECTUAL PROPERTY
By Submitting User Content on the Site or otherwise through the Service, you agree to the following terms:
- Rights Over User Content. TLCC will not have any ownership rights over your User Content.
- Rights you Provide to TLCC. TLCC does need the following license and representations to perform and market the Service on your behalf, on behalf of other Users and Our behalf. You grant TLCC the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to):
- Use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Content and your trademarks, service marks, trade names, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) Our (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
- Take whatever other action is required to perform and market the Service;
- Allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Content and Trademarks in connection with the Service; and
- Use and publish, and permit others to use and publish, the User Content, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license granted to TLCC does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content.
- Warranties Provided by You. In addition, you represent and warrant to TLCC the following:
- You are publishing your User Content, and you may be identified publicly by your name or User ID in association with your User Content.
- You grant to each User a non-exclusive license to access your User Content through the Service, and to use such User Content solely for personal, non-commercial use as contemplated by this Agreement.
- Your User Content does not and will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TLCC all of the license rights granted herein.
- You will pay all royalties and other amounts owed to any person or entity based on posting your User Content to the Service or Our publishing or hosting of the User Content as contemplated by these Terms of Service.
- The use or other exploitation of User Content by TLCC and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- We shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
- You will be truthful and accurate in all information you provide to Us.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that Content originated.
- TLCC will not be liable for any errors or omissions in any Content.
- TLCC cannot guarantee the identity of any other Users with whom you may interact while using the Service.
- All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
- By providing information and/or Content, you hereby agree that TLCC may use such information as it deems appropriate, and you understand and acknowledge that such information (and other information gathered by TLCC with respect to same) may be used, aggregated and/or displayed by TLCC as it determines in its sole discretion
- Right To Terminate User Account. Under the Digital Millennium Copyright Act (“DMCA”), if a user repeatedly infringes, TLCC has the right to terminate a User accounts. Even if based on a single infringement, it is in TLCC’s sole and unfettered discretion to terminate accounts.
SECTION 9. TLCC’S RIGHTS CONCERNING USER ACCOUNTS AND TERMINATION
- Our Rights of Use and Oversight. We reserve the right to monitor, terminate, suspend, or delete any User Account at any time in Our sole discretion. We have no obligation to comment on any reasons for account monitoring, termination, suspension, or deletion.
- No Liability. We have no liability to you or third parties for any use of the Services associated with your account or Campaign. Upon suspension or termination of your account, you must cease all use of the Services and User Content. Your representations and warranties shall survive termination.
- Suspension and Termination. TLCC reserves the right to suspend or terminate a Campaign if it does not comply with this agreement or in its sole discretion. In the event of termination, TLCC may refund any and all Campaign funds received by a Campaign Creator to contributors and may seek reimbursement from you for any funds you have already received from TLCC. TLCC may also avail itself of any of the remedies provided for in this Agreement and any remedies available to enforce its rights under this Agreement or applicable law.
SECTION 10. OTHER WEBSITES
If you follow a link from our site to another site, what happens there is between you and the other site- not us. TLCC may contain links to other websites. (for instance, project pages, user profiles, and comments may link to other sites). When you access third-party websites you do so at your own risk. We don’t control or endorse those sites. TLCC partners with other companies (such as Stripe) for payment processing. When you back or create a project, you’re also agreeing your payment processors’ terms of service as is denoted in Section 3.j of these terms and conditions.
SECTION 11. SYSTEM OUTAGES AND MAINTENANCE
The Site or Services may be unavailable for scheduled maintenance and other reasons, including unplanned outages and other malfunctions. We are not responsible if the Site or Services are unavailable, or if you lose any data, information, or User Content for any reason.
SECTION 12. INDEMNITY
You agree to defend, indemnify and hold harmless TLCC, and Our officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any applicable laws. We reserve the right, in Our sole discretion and at Our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.
SECTION 13. NO WARRANTY
- TLCC has no fiduciary duty to any user. The services, TLCC content, user content, and any other materials made available or through the use of the services are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, noninfringement or course of performance. To the fullest extent permissible pursuant to applicable law, TLCC and its affiliates, licensors, suppliers, advertisers, sponsors and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non- infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. TLCC and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services or the server(s) on which the services are hosted, or any services available on any third party platform are free of viruses or other harmful components.
- No opinion, advice or statement of TLCC or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the use of the services, or on third-party platforms or otherwise, shall create any warranty. Your use of the services, including without limitation any services provided on any third-party platform, are entirely at your own risk.
SECTION 14. LIMITATION OF LIABILITY
Use the Services at your own risk. In no event shall TLCC, its affiliates, nor its or their respective directors, managers, shareholders, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00), (iv) for any errors or omissions in any content created during a Campaign. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
SECTION 15. GOVERNING LAW AND WAIVER OF RIGHT TO JURY
- TLCC is based in Laramie, Wyoming. For any action, you and TLCC agree to submit to the personal jurisdiction of a state court located in Wyoming. The Terms and the relationship between you and TLCC shall be governed in all respects by the laws of the State of Wyoming, without regard to its conflict of law provisions.
- You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
SECTION 16. FULL AGREEMENT BETWEEN YOU AND TLCC
These Terms constitute a complete and full agreement between You and TLCC with respect to Services, use, and conditions. They supersede all other communications and proposals (whether oral, written, or electronic) between you and TLCC with respect to the Services, use, and conditions, which govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. TLCC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
SECTION 17. MISCELLANEOUS
- Modification and discontinuance. We may modify or discontinue any and all Services at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TLCC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- These Terms are Personal to You. You can’t assign them, transfer them, or sublicense them unless you get TLCC’s prior written consent. TLCC has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. TLCC will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.