Conditions of Use/Legal Notice

Last Updated: February 1st, 2021

A. Loacker USA, Inc. (hereinafter, together with other affiliated companies in the Loacker group, referred to as “Loacker,” “us,” “we,” or “our”), provide website features and other products and services when you visit the loackerusa.com website (“Site”). By accessing or using the Site, you agree to the following terms and conditions (“Conditions of Use”), as well as the Loacker Privacy Policy, Cookie Policy, and all other terms and conditions that appear elsewhere on the Site, all of which are hereby incorporated by reference (collectively, the “Agreement”). Please read this Agreement carefully. Other sites, apps, social media accounts, or other content owned or controlled by Loacker may have their own terms and conditions that should be reviewed.


IMPORTANT, READ CAREFULLY: BY CLICKING “ACCEPT” OR OTHERWISE ACCESSING OR USING THE SITE, TOGETHER WITH ANY RELATED PRODUCTS, SERVICES AND ASSOCIATED SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOUR USE OF AND ACCESS TO THE SITE IS CONDITIONED UPON YOUR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. THESE CONDITIONS OF USE ARE A LEGAL CONTRACT BETWEEN YOU AND LOACKER AND GOVERN YOUR ACCESS TO AND USE OF THE SITE TOGETHER WITH ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE CONDITIONS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE. BY ACCESSING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. YOUR RIGHTS TO USE THE SITE ARE LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.


Loacker may offer sweepstakes, contests, or other promotions on the Site that will have additional terms and conditions or rules. If any portion of these Conditions of Use conflict with the special terms or rules for any such Loacker promotion, the conflicting portion of the special terms or rules will govern for that specific portion of the promotion unless stated otherwise.


You use the Site at your own risk, and Loacker is not responsible for any harm or damage to you by accessing the Site or as a result of any data breach or hack experienced by Loacker.

Loacker does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send us unsolicited content or ideas, you agree that we may use such content and ideas in any way we wish without any compensation to you.

Applicable Law
By using the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Loacker.


YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the State of New York for any litigation arising out of or relating to these Conditions of Use, the Site, the use of the Site, and/or any goods referenced or services offered on or through the Site.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in New York courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum.

Purpose of the Site
The intended purpose of the Site is to provide visitors with information about Loacker, our history, and our products including, but not limited to, places where our products can be purchased near you. The content on the Site is only for the purpose of providing commercial information to prospective customers of Loacker regarding Loacker’s products and services, and for no other purpose.
Any content made available on the Site is provided for informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Loacker.
You may not use any content on the Site to establish any independent data files, databases, compendiums, or any other reference materials.
Any and all content, products and services on the Site are subject to availability. Any and all use of the Site is done at your own risk. Loacker will try its best to make content on the Site useful, but Loacker does not warrant that any content on the Site will be accurate or reliable.

License
Loacker hereby grants you a revocable and nonexclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in these Conditions of Use and the Site’s intended purposes. Loacker reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these Conditions of Use.

Copyright and Trademark Ownership
Unless stated otherwise, all content appearing on the Site including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement, or any other electronic content or files (colleal copyright, trademark, and other applicable intellectual property laws. 
Any use of Loacker Content that is not consistent with the intended purpose of the Site, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without Loacker's prior written consent, is strictly prohibited, except you may print out one copy of each page on the Site solely for personal, non-commercial use. No other use is permitted without Loacker’s prior written consent. You may not sell, transfer, assign, license or sublicense any Loacker Content. The use or posting of any Loacker Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Loacker Content and the Site shall automatically terminate and you shall immediately destroy any copies you have made of the Loacker Content. Loacker Content protected by these Conditions of Use includes, without limitation, certain third-party copyrighted images made available on or through the Site. You acknowledge that you have no rights in such third-party Loacker Content. Unauthorized use of any Loacker Content may result in violation of copyright, trademark, and other laws. You acknowledge that no right, title or interest in any of the Loacker Content is transferred to you as a result of you accessing, downloading or printing any Loacker Content from the Site. Any use of Loacker Content must display the appropriate copyright, trademark and other proprietary notices. All software used on the Site is the sole property of Loacker or those supplying or licensing the software.
You acknowledge that you have no right, title, or interest in or to the Site or any Loacker Content.
Loackerusa.com and Loacker are trademarks owned by Loacker.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Loacker in the U.S. and other countries, or they may be the property of their respective owners.
There may be other content on the Site not owned by Loacker, and you should respect those property rights as well.
All rights not expressly granted herein are reserved to Loacker.

Access Limited
The Site is intended for individuals 18 years of age and older located in the United States. If you access the Site outside of the United States, you do so at your own risk and acknowledge that such actions do not violate your local laws. By using the Site, you agree that information about you may be transmitted to and stored in the United States. Loacker reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Loacker reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice. You are not permitted to violate any laws when using or accessing the Site.
Loacker does not knowingly collect information from children, including those less than thirteen years of age. If you are a child, do not submit any information to Loacker. If a parent, guardian, or other concerned person becomes aware that we have collected information from a child, including one less than 13 years of age, please contact us promptly and we will take steps to delete and remove any such information.

Site Policies, Modification, and Severability
Loacker reserves the right to make changes to the Site, these Conditions of Use and Loacker’s Privacy Policy at any time. Each time you use the Site, you should visit and review the then current Conditions of Use and Privacy Policy that apply to your use of the Site. By continuing to use the Site after any changes to these Conditions of Use are made, you agree to be bound by such amended Conditions of Use. If you are dissatisfied with the Site, its content, these Conditions of Use or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Site. If any of these Conditions of Use are deemed to be illegal or unenforceable, the remainder of the Conditions of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable to the extent permitted by law.

Acceptable Use Policy
In connection with your access to and/or use of the Site or any related services, you agree not to:

  • Violate any federal, state, or local laws or regulations.
  • Discuss, incite, or promote illegal activity. 
  • Upload or post anything that imposes an unreasonable or disproportionately large strain on Loacker’s network or computer infrastructure.
  • Upload or post any inappropriate or offensive content or language. 
  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
  • Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Site or Loacker’s computers, servers or networks, or to any computers or systems used by other users of the Site.
  • Use the Site in a manner that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Loacker or other users of the Site.
  • Make unauthorized attempts to modify any information stored on the Site.
  • Make attempts to defeat or circumvent security features, or to use the Site for any purpose other than its intended purposes.
  • Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations. 
  • Provide false or misleading information through the Site.
  • Use the Site to send spam or unsolicited bulk email.

The previous list of prohibitions is not exclusive. Loacker reserves the right to terminate your access to the Site or any related services for any reason. 

Errors on the Site
Prices and availability of products, if specified, are subject to change without notice. In the event a product price is listed incorrectly due to typographical error or otherwise, Loacker shall have no obligation to accept orders or otherwise honor any such incorrect product price.
The Site contains information, advice, text, and other materials that are provided for your convenience. You should be aware that the information, including but not limited to descriptions of our products, may contain errors, omissions, inaccuracies, or outdated information. Loacker is not obligated to correct any errors on the Site, but may do so at its convenience.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Provider of service:
A. Loacker USA, Inc.
101 Hudson Street, Suite 2201
Jersey City, NJ 07302

By telephone: +1 (212) 742-8510
By fax: +1 (212) 747-8752
By email: service@loacker.com 

Pricing information: No charge is imposed by the provider to the consumer for the use of the service.

Complaints and further information: In the event of a complaint, or to request further information, the provider may be contacted in writing at:
A. Loacker USA, Inc.
101 Hudson Street, Suite 2201
Jersey City, NJ 07302


By email: service@loacker.com

If California users have any questions or complaints about Loacker, they also can be brought to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.

If you have a question or complaint regarding Loacker products or services or desire further information on use of Loacker products or services, contact us by mail at

A. Loacker USA, Inc.
101 Hudson Street, Suite 2201
Jersey City, NJ 07302

Accessibility
At Loacker, we are committed to making the Site accessible to all visitors. Thus, we have taken efforts to construct the Site in accordance with all relevant laws and regulations. Please let us know if you have any problems using or navigating the Site by way of the contact form on the Site, by email via service@loacker.com, or by telephone at +1 (212) 742-8510.

Links to Third-Party Sites
The Site contains a certain number of links to other websites, apps, social media platforms, marketplaces or other online services not controlled by or affiliated with Loacker. If you use these links, you will leave the Site. Loacker provides these links to you only as a convenience. Loacker is not in any way responsible for the linked sites or their content including, without limitation, any links displayed on or through such third-party services, nor does Loacker warrant that such third-party services or any information available through such services are current, accurate, or error-free. You access and use any linked third-party services at your own risk. The links are not meant to indicate any association with Loacker, and Loacker does not endorse any linked site or service, or any goods or services promoted or listed on such sites or through such services. If you access or use any linked third-party services, you will be subject to the terms of use, privacy policy, and other terms or policies applicable to those third-party services. You should review the privacy policies and terms of use of such third-party services before using them. 
Loacker may also allow interaction between the Site and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on the Site that when used, may allow you to share content from the Site with other persons on or through the third-party services or elsewhere. If you use any of the social media links or buttons on the Site, Loacker is not responsible for any harm to you as a result of using one of the interaction functions provided by these social media sites/services.

Disclaimer of Warranties 
TO THE EXTENT PERMITTED BY LAW, LOACKER, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE (COLLECTIVELY, THE “LOACKER PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SITE, ANY SITE-RELATED SERVICES, OR THE LOACKER CONTENT. THE LOACKER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE LOACKER CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE LOACKER PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE LOACKER CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITE AND ITS RELATED SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE, ANY SITE-RELATED SERVICES, AND LOACKER CONTENT AT YOUR OWN RISK.
 THE LOACKER PARTIES DO NOT WARRANT THAT THE SITE AND ANY SITE-RELATED SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE LOACKER PARTIES DO NOT WARRANT THAT THE LOACKER CONTENT, THE SITE, OR ANY SITE-RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF YOUR USE OF THE SITE OR ANY SITE-RELATED SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO LOACKER PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
TO THE EXTENT PERMITTED BY LAW, THE SITE, ANY SITE-RELATED SERVICES, AND ANY LOACKER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE LOACKER PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE LOACKER PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY LOACKER PARTY BE LIABLE TO ANY USER OF THE SITE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH LOACKER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (a) THIS AGREEMENT; (b) THE USE OR INABILITY TO USE THE SITE; (c) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (d) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES AVAILABLE ON OR THROUGH THE SITE; AND/OR (e) ANY OTHER MATTER RELATING TO THE SITE AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SITE. THE TOTAL AGGREGATE LIABILITY OF ANY LOACKER PARTY TO ANY USER OF THE SITE FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SITE WILL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT THE APPLICABLE USER PAID TO THE LOACKER PARTY(IES) FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.
SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE LOACKER PARTIES TO ANY SITE USER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH LOACKER, THE SITE, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY RELATED PRODUCTS OR SERVICES.

Indemnification
You agree to defend, indemnify, and hold the Loacker Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the Loacker Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any goods or services offered on or through the Site, your breach of these Conditions of Use, the use of the Site by any person using your computer, device, or account, as applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of these Conditions of Use.

Geographic Limitation
The Site is intended only for users within the U.S. If you use the Site outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any local laws. By using the Site, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the U.S. and/or in the Republic of Ireland.

Other Provisions
Loacker does not represent that any content on the Site is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY INFORMATION, OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.
Loacker does not guarantee or promise that any information, opinions or recommendations on the Site are helpful or reliable.
YOU AGREE THAT LOACKER IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using or implementing in any manner any of the information, opinions or recommendations found on the Site.
Loacker is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Loacker’s computer or network systems, including any Loacker hardware or devices, that may or may not result in the disclosure of personally identifiable information you provided to us.
Unless otherwise noted, these Conditions of Use, together with the Loacker Privacy Policy, Cookie Policy, and all other terms and conditions that appear elsewhere on the Site, constitute the entire Agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Loacker with respect to the Site.
If you violate any portion of these Conditions of Use, Loacker reserves the right, without an obligation to do so, to deny you access to the Site. If Loacker terminates your access to the Site, Loacker may also delete your Site account, if you have one. Loacker reserves the right to terminate any password-restricted account for any reason.
Loacker’s failure to enforce any portion of these Conditions of Use is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after these Conditions of Use end shall survive the termination of these Conditions of Use.
Loacker reserves the right, without notice or reason, to take down or terminate the Site, or otherwise revoke any and all access granted to you related to the Site. You agree that Loacker is not liable to you or any other third party for this action.
Certain software elements of the Site and any related services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

Contact Information
In case of questions or concerns regarding these Conditions of Use, you can contact Loacker at the following address:

A. Loacker USA, Inc.
101 Hudson Street, Suite 2201
Jersey City, NJ 07302

By email: service@loacker.com