LAST UPDATED: January 3, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MULE APP CORP. BY ACCESSING OR USING OUR APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “LOGGCITY DIGITAL SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE LOGGCITY DIGITAL SERVICE.
These Terms apply to your access to and use of the Loggcity Digital Service provided by Loggcity Limited. (“Loggcity Digital,” “we” and “us”).
ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE Loggcity Digital SERVICE.The Loggcity Digital Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and [eighteen (18)], you may use the Loggcity Digital Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the Loggcity Digital Service; (b) are legally permitted to, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the Loggcity Digital Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation, and (ii) you are duly authorised by such legal entity to act on its behalf.
2. Account Registration and Security Responsibilities
In order to access certain parts of the Loggcity Digital Service, you may be required to create a Loggcity Digital account (an “Account”). In connection with creating an Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow Loggcity Digital or any third party providers of Loggcity Digital to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as Loggcity Digital may elect to do from time to time.
A buyer may, by agreement with the seller, elect to make payment by cash, cheque or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller pursuant to the terms and conditions that such buyer and seller determine in their sole discretion. You agree that Loggcity Digital (i) is not a party to such transaction; and (2) does not facilitate any such transaction or any related refunds or returns in any manner. Your interactions with other users are solely between you and such users and Loggcity Digital is not responsible or liable for any damage, loss, injury or harm of any sort caused, or alleged to be caused, by or in connection with any such dealings or interactions, including the delivery, quality, safety, legality or any other aspect of any good or service that you may purchase from a seller or sell to a buyer.
4. Discontinuance of the Loggcity Digital Service
Loggcity Digital may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the Loggcity Digital Service at any time, without prior notice. Upon any such action by Loggcity Digital, you must immediately stop using the Loggcity Digital Service. You may also cancel your Account at any time, as described in Section 14 below.
5. Acceptable Use
When accessing or using the Loggcity Digital Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
Engage in any unauthorized use of the Loggcity Digital Service (including, without limitation, political campaigning, advertising, or marketing);
Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the Loggcity Digital Service, (2) may expose Loggcity Digital or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our Prohibited Content Guidelines shown in Section 6;
Transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the Loggcity Digital Service;
Copy any portion of the Loggcity Digital Service or any underlying content or source code;
Reverse engineer, disassemble or decompile any portion of the Loggcity Digital Service or otherwise attempt to discover or re-create the source code to any software;
Distribute the software or source code behind the Loggcity Digital Service to any third party;
Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Loggcity Digital Service;
Remove, alter, or obscure any copyright or other proprietary notices of Loggcity Digital or its affiliates or licensors in any portion of the Loggcity Digital Service;
Obscure or disable any advertisements that appear on or through the Loggcity Digital Service;
Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by Loggcity Digital, to utilize the Loggcity Digital Service or to collect or extract data;
Access without authorization any networks, systems, or databases used in providing the Loggcity Digital Service or any accounts associated with Loggcity Digital Service, or to access or use any information therein for any purpose;
Attempt to probe, test, hack, or otherwise circumvent any security measures;
Violate any requirements, policies, procedures or regulations of any network connected to the Loggcity Digital Service;
Use the Loggcity Digital Service in any manner that could damage, disable, overburden, or otherwise impair the Loggcity Digital Service (or the networks connected to the Loggcity Digital Service);
Interfere with or disrupt the use and enjoyment by others of the Loggcity Digital Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
Falsely state, impersonate, or otherwise misrepresent your identity;
Provide false information during Account creation, or otherwise provide false, inaccurate or misleading information;
Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
Use or attempt to use another user’s Account without authorization;
Use the Loggcity Digital Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
Use the Loggcity Digital Service in any manner that exposes Loggcity Digital to any harm or liability of any nature;
Use the Loggcity Digital Service to infringe or violate the intellectual property rights or any other rights of anyone else (including Loggcity Digital);
Develop any third-party applications that interact with the Loggcity Digital Service without Loggcity Digital’s prior written consent;
Use the Loggcity Digital Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities;
Transfer any rights granted to you under these Terms; or
Encourage or induce any third party to engage in any of the activities prohibited under this section.
If you violate any of the foregoing, Loggcity Digital reserves the right to suspend or terminate your right to access and use the Loggcity Digital Service immediately without notice, and you will have infringed Loggcity Digital’s intellectual property and other rights, which may subject you to prosecution and damages. Loggcity Digital also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 5.
Loggcity Digital reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Loggcity Digital Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Loggcity Digital is not responsible or liable for the conduct of, or your interactions with, any users of the Loggcity Digital Service (whether online or offline).
In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Loggcity Digital Service will not contain any content that is prohibited by these Terms.
6. Prohibited Content Guidelines
Loggcity Digital prohibits, in its sole discretion, the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level.
The following is a non-exhaustive list of items that are prohibited from being listed or sold while using the Loggcity Digital Service:
- Perishable items (fruits, vegetables, etc.), plants or live animals;
- Blood, bodily fluids and body parts;
- Weapons and related items (including, but not limited to, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons);
- Fireworks, destructive devices and explosives;
- Burglary tools;
- Hacking tools;
- Surveillance equipment;
- Controlled chemical substances (such as cadmium, mercury, etc.);
- Hazardous materials;
- Products containing alcohol or tobacco (including vapes and e cigarettes);
- Prescription drugs, supplements or devices;
- Illegal drugs and drug paraphernalia;
- Counterfeit currency, stamps or coins;
- Stocks and other form of securities;
- Counterfeit, stolen or recalled products;
- Databases containing personal data;
- Embargoed goods;
- Government official, police, security personnel or transit uniforms,
- identifications and licenses;
- Documents or records (in any form) containing personal or financial information;
- Items received through government assistance;
- Items which encourage or facilitate illegal activity;
- Lottery tickets, sweepstakes entries and slot machines;
- Obscene material and all types of pornography; or
The following is a non-exhaustive list of activities that are prohibited while using the Loggcity Digital Service:
- Uploading images onto the Loggcity Digital Service that do not effectively depict the item being sold;
- Uploading third party images;
- Uploading or selling a product or service that infringes trademarks, copyrights or any other intellectual property rights of any third party;
- Uploading an image or text that references another website, application or merchant;
- Selling items that are defective or of poor quality;
- Listing an item as “free” but not intending for such item to be without cost to the buyer;
- Selling an item with an unrealistic price (as determined in Loggcity Digital’s sole discretion); and
- Creating duplicate listings for the same item.
In addition, Loggcity Digital reserves the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items.
7. User Content
In the course of using the Loggcity Digital Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. Loggcity Digital reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Loggcity Digital Service at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise, publish through the Loggcity Digital Service any of the following:
- User Content that is, in Loggcity Digital’s judgment, disrespectful or may expose Loggcity Digital, users or others to harm or liability;
- User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
- Private information of any third parties, including addresses, phone numbers and payment card information;
- Viruses, corrupted data or other harmful, disruptive, or destructive files; or
- User Content that inhibits any other person from using or enjoying the Loggcity Digital Service.
You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Loggcity Digital is not responsible for any errors or omissions that you make in connection with the Loggcity Digital Service. By submitting or posting User Content, you hereby grant to Loggcity Digital a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the Loggcity Digital Service. The use of your or any other User’s name, likeness, or identity in connection with the Loggcity Digital Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that Loggcity Digital may moderate access to and use of the Loggcity Digital Service in our sole discretion through any means including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the Loggcity Digital Service if, in our opinion, your post does not comply with the content standards set out in Sections 5, 6, and 7 above, and any other Loggcity Digital Service rules. You agree not to bypass or attempt to bypass such moderation. You further agree that Loggcity Digital is not liable for moderating, not moderating or making any representations regarding moderating.
9. Third Party Services and Content
In using the Loggcity Digital Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, including, but not limited to links and/or connections to websites, applications or services of such parties (“Third-Party Content”). Loggcity Digital does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that Loggcity Digital will have no responsibility for any Third Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. Loggcity Digital is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Loggcity Digital Service or any other products or services of Loggcity Digital (collectively, “Feedback”), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
11. Copyright Policy
A. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”)and other applicable law, Loggcity Digital has adopted a policy of terminating, in appropriate circumstances and at Loggcity Digital’s discretion, users who are deemed to be repeat infringers. We also may, at Loggcity Digital’s discretion, limit access to the Loggcity Digital Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Copyright Complaints. If you believe that anything on the Loggcity Digital Service infringes upon any copyright that you own or control, you may file a notification with Loggcity Digital’s Designated Agent as set forth below:
Loggcity Digital Copyright Agent
Address of Designated Agent:
88 Peckham Rye, London SE15 4HA
Email Address of Designated Agent:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Loggcity Digital or the alleged infringer as the result of Loggcity Digital’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
12. Intellectual Property Rights
Unless otherwise indicated, the Loggcity Digital Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the Loggcity Digital Service, including, without limitation, the Loggcity Digital logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Loggcity Digital or its affiliates or licensors, and are protected by Nigeria, U.K., and international copyright laws and other intellectual property rights laws.
Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein, we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Loggcity Digital Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). Loggcity Digital and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the Loggcity Digital Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Loggcity Digital Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the Loggcity Digital Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the Loggcity Digital Service.
Loggcity Digital, Loggcity Digital.com, and other Loggcity Digital graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Loggcity Digital or its affiliates in Nigeria, the U.K. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without Loggcity Digital’s prior written consent. You will not use any trademark, product or service name of Loggcity Digital without our prior written permission, including without limitation any metatags or other “hidden text” utilising any trademark, product of service name of Loggcity Digital. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Loggcity Digital.
14. Suspension; Termination.
Loggcity Digital may revoke or terminate your License to access or use the Loggcity Digital Service for any reason without notice at Loggcity Digital’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Loggcity Digital Service or Materials, or any other Loggcity Digital product or service, or (iii) use the Loggcity Digital Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Loggcity Digital Service immediately if Loggcity Digital suspends or terminates your License to access or use the Loggcity Digital Service. Loggcity Digital reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Loggcity Digital Service during suspension or after termination. Loggcity Digital may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Loggcity Digital Service is suspended and after it is terminated.
You may also terminate your License to access or use the Loggcity Digital Service by closing your Account at any time. For more details on how to close your Account, please refer to our FAQs.
15. Disclaimer of Warranties
A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE Loggcity Digital SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE Loggcity Digital SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE LOGGCITY DIGITAL SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE Loggcity Digital SERVICE.
B. WITHOUT LIMITING THE FOREGOING, NEITHER LOGGCITY DIGITAL NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE “LOGGCITY DIGITAL PROVIDERS”) REPRESENT OR WARRANT (I) THAT THE LOGGCITY DIGITAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE LOGGCITY DIGITAL SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE LOGGCITY DIGITAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE LOGGCITY DIGITAL SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE LOGGCITY DIGITAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE LOGGCITY DIGITAL SERVICE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE LOGGCITY DIGITAL SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE LOGGCITY DIGITAL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE LOGGCITY DIGITAL SERVICE ARE NON-INFRINGING; OR (VII) THAT ANY ENDORSEMENT IS A REPRESENTATION AS TO THE IDENTITY, CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED WITH AN ENDORSEMENT.
C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE LOGGCITY DIGITAL SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE LOGGCITY DIGITAL SERVICE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. Assumption of Risk
You acknowledge and agree that there are risks associated with utilizing an Internet-based marketplace. You are solely responsible for, and assume all risks related to, selling and buying through Loggcity Digital’s Internet-based marketplace.
17. Limitation of Liability
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOGGCITY DIGITAL OR THE LOGGCITY DIGITAL PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE LOGGCITY DIGITAL SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE LOGGCITY DIGITAL SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE LOGGCITY DIGITAL SERVICE OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE LOGGCITY DIGITAL SERVICE, EVEN IF LOGGCITY DIGITAL OR THELOGGCITY DIGITAL PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LOGGCITY DIGITAL, OR (Z) THAT RESULT FROM EVENTS BEYOND LOGGCITY DIGITAL’S OR THE LOGGCITY DIGITAL PROVIDERS’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LOGGCITY DIGITAL’S RECORDS, PROGRAMS OR SERVICES.
B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOGGCITY DIGITAL OR THE LOGGCITY DIGITAL PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE OFFER UP SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO LOGGCITY DIGITAL FOR ACCESS TO OR USE OF THE LOGGCITY DIGITAL SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.
You agree to hold harmless, defend and indemnify Loggcity Digital and the Loggcity Digital Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Loggcity Digital Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against Loggcity Digital or any Loggcity Digital Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the Loggcity Digital Service or Materials; or (iv) any content that you store on or transmit through the Loggcity Digital Service. Loggcity Digital may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Loggcity Digital in such event.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS) WITH LOGGCITY DIGITAL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LOGGCITY DIGITAL (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
A. Binding Arbitration. Except for injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Loggcity Digital agree (1) to waive your and Loggcity Digital’s respective rights to have any and all disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising from or related to these Terms, the Loggcity Digital Service or the Materials, resolved in a court, and (2) to waive your and Loggcity Digital’s respective rights to a jury trial. Instead, you and Loggcity Digital agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions. You and Loggcity Digital agree that any Dispute arising out of or related to these Terms, the Loggcity Digital Service or the Materials is personal to you and Loggcity Digital and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Loggcity Digital agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Loggcity Digital agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
C. Notice; Informal Dispute Resolution. You and Loggcity Digital agree that each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Loggcity Digital shall be sent by certified mail or courier to Mule App Corp., Attn: Loggcity Digital Designated Agent, 2900-550 Burrard Street, Vancouver, BC V6C 0A3, CANADA. Your notice must include (1) your name, postal address, telephone number, the email address you use or used for your Account, and, if different, an email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent to the email address you used to register for your Account, and will include (a) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that we are seeking. If you and Loggcity Digital cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Loggcity Digital may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding.
D. Process. Except for Disputes where a party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Loggcity Digital agree that any Dispute must be commenced or filed by you or Loggcity Digital within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Loggcity Digital will no longer have the right to assert such claim regarding the Dispute). You and Loggcity Digital agree that (1) any arbitration will occur in Vancouver, British Columbia, (2) arbitration will be conducted confidentially by a single arbitrator, and (3) that the courts of the Province of British Columbia and Canada, respectively, sitting in Vancouver, British Columbia have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
E. Authority of the Arbitrator. As limited by these Terms, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
F. Severability. If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 19 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
20. Governing Law; Venue.
These Terms, your access to and use of the Loggcity Digital Service and Materials shall be governed by and construed and enforced in accordance with the laws of the Province of British Columbia without regard to conflict of law rules or principles (whether of the Province of British Columbia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration shall be resolved in the courts of the Province of British Columbia and Canada sitting in Vancouver, British Columbia.
A. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Loggcity Digital Service. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Loggcity Digital for the Loggcity Digital Service or for any other Loggcity Digital product, feature, service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Loggcity Digital, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
B. Amendments. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the Loggcity Digital Service and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Loggcity Digital Service unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Loggcity Digital Service after such changes become effective. Your continued use of the Loggcity Digital Service following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Loggcity Digital Service.
C. Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
D. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
E. Relationship. Loggcity Digital is an independent contractor for all purposes, and is not your agent or trustee.
F. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Loggcity Digital, including by operation of law or in connection with any change of control. Loggcity Digital may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
G. Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
H. Survival. Sections 15 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnity), 19 (Arbitration), 20 (Governing Law; Venue), this Section 21 (Miscellaneous), and any other term that, by its nature, should survive, will survive any termination or expiration of these Terms.