Terms of Use

Last Updated: April 24th, 2020

 

These Terms of Use (this “Agreement”) is a legally binding contract between Loginhood, Inc., a Delaware corporation (“Loginhood”, “we”, “us” or “our”) and you (“you”, “your” or the “User”) with respect to your use of the Loginhood Website (the “Website”), the Loginhood browser extension (the “Extension”), Loginhood applications for mobile devices (the “App”), the Loginhood web application (“Web App”, collectively, the “Products”) and the content, information, and services provided through them (collectively, the “Services”).

 

The Services provided through our Products allow you to be compensated for the sale of your User Data (as defined below) to various parties, including, but not limited to, advertisers, agencies, advertising technology vendors, market researchers, banks and data aggregation companies, in accordance with the terms outlined in this Agreement. Transactions are conducted by Loginhood and the portion of the sale paid to you is calculated after the deduction of costs related to the transaction a commission paid to Loginhood. Loginhood negotiates and brokers the transactions at fair market value and you hereby waive any right that you may have to determine the value of your User Data (as defined below) at any point during the brokering of any transaction involving your User Data (as defined below).

 

It is important that you carefully read and understand the terms and conditions of this Agreement. By visiting the Website or by using the Services, you agree that you have read this Agreement and that you consent to be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. This Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

 

1. Changes to this Agreement

 

We may change this Agreement from time to time with or without cause. Changes may include, but are not limited to:

  • changes in the terms and conditions of this Agreement;

  • changes in the Services, including the elimination or discontinuation of any feature(s) of the Services; or

  • the termination of your use of and/or access to the Services.

Each time you use the Website, Products and/or Services, the most current version of the Agreement will govern. If we make changes to the Agreement, we will notify you by revising the “Last Updated” date at the top of this Agreement. If you find any changes to this Agreement to be unacceptable, you agree that your only recourse is to stop visiting the Website and stop using the Products.

 

Your continued use of the Website and/or the Products and/or any of the Services following a change or changes to this Agreement, constitutes your binding acceptance of the change or changes. Consult this Agreement regularly for any changes.

 

If you choose to no longer continue with our Services or Products, you may request your account deletion by emailing

support@loginhood.io

with the subject line “ACCOUNT DELETION”

 

2. Permitted Users

Services are provided for US residents at least the Minimum Age (as defined below) and over. If you are not a US resident, then you may not use the Services. If you are under the Minimum Age (as defined below), then you may not use the Services. By visiting the Website and using the Services, you represent and warrant that (i) you are a US resident over the Minimum Age (as defined below), and (ii) you are fully able and competent to enter into this Agreement and be bound by its terms, conditions, obligations, affirmations, representations, and warranties. “Minimum Age” is 18 years of age in the US.

 

3. Service Providers Outside of United States

 

Occasionally we do use service providers located outside of the United States to process and/or store User Data (as defined below) for us. We do not store your User Data (as defined below) indefinitely, however we do store it temporarily in order to process, organize and anonymize it in order to be able to use and share it as part of the Services. We use an anonymized ID to recognize you. Please note that User Data (as defined below) in the custody of these service providers may be subject to (i) the terms, conditions and privacy policies of these service providers, and/or (ii) access by the law enforcement authorities of those jurisdictions in which the service providers are located. Loginhood takes no responsibility for any errors by the service providers.

 

For further information about our policies and practices regarding service providers located outside of the United States and further information about how these service providers, collect, use, disclose or store User Data (as defined below) on Loginhood’s behalf, please email the below information with the subject line: PRIVACY INFORMATION, or write us at the below address with ATTN: PRIVACY TEAM:

 

Loginhood LLC
support@loginhood.io
Loginhood LLC
120 Nassau St, Unit 4J
Brooklyn, New York 11201

 

4. Permitted Use of Services and Information

The services made available on, by, or through the Services, which include or may include, without limitation, Loginhood registration, activities, as well as any information provided on, by, or through the Services or as part of or in connection with the services or otherwise, including, but not limited to, data, text, graphics, designs, logos, images, audio/visual materials, links, and references, are provided for personal use only. Without the written consent of Loginhood, no information or any other Loginhood materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.

 

You are not permitted to use any material generated by the Services or located on the Website in any form, including, but not limited to, printed copies, for any for-profit, commercial purpose or resale.

 

5. Account Registration

 

To access our Services through our Products, you will first be required to register an account (your “Account”). By creating an Account, you expressly agree to have Loginhood collect all User Data (defined below) while the Products are downloaded. You agree that Loginhood will process this User Data, and sell the User Data to any entity (the “Client”) that Loginhood decides. You may request that your User Data is not sold to a specific legal entity by emailing

support@loginhood.io

with the subject line “DATA RESTRICTION REQUEST: [legal name of the Client]”. You acknowledge and agree that a request to stop the sale of your User Data to specific Clients will result in a loss of funds attributed to all transactions between Loginhood and the Client.

 

Loginhood will make reasonable efforts to ensure the sale of all User Data is done so in a protected, safe manner. Loginhood will protect all data in Loginhood’s servers, but Loginhood does not have access to nor is it able to regulate a Client’s servers. Thus, Loginhood will take reasonable measures to ensure the User Data in a Client’s server, software, or other access point is stored in a secure and privacy-safe manner, but hereby disclaims any obligation to protect the User Data once it is in a Client’s possession and residing in these access points.

 

Your Account is hosted on the Web App and will give you access to the information collected about you, including the ability to request transaction information involving your User Data.

 

Your Account will serve as your platform to request your payments as a result of these transactions.

 

We reserve the right in our sole discretion to decline to provide the Services to any person for any or no reason. For the purpose of registering your Account, you agree to (i) provide accurate, current, and complete information about yourself as prompted (including your email address), (ii) maintain and update your information (including your email address) to keep it accurate, current, and complete, and (iii) limit yourself to a single Account per individual. You agree to keep your Account registration information up to date at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Services.

 

Should your Account be associated with incorrect or invalid information, such as with  personal data that has changed or is invalid, you may be unable to earn compensation for the completion of point or money earning tasks or offers. Neither Loginhood nor their partners are required to credit any compensation for completed compensation earning tasks or offers if such completion occurred while any invalid data was associated with your Account.

 

If we suspend or terminate your Account for any reason in accordance with this Agreement, you cannot create another account without our express written permission. You are solely responsible for maintaining the confidentiality of your Account credentials. If you believe someone has used your Account without your authorization, you should inform us immediately and set up a new password.

 

Please note that we have no obligation to conduct any background checks in order to verify your identity or the veracity of any information, including, without limitation, your User Data (as defined below), you provide to us when registering your Account or at any time you use the Website, the Products and/or our Services.

 

Nonetheless, we may, at our sole discretion conduct a background check and search, including, without limitation, retrieving reports from public records of any criminal convictions or sex offender registrations, to verify your identity and/or the veracity of any information, including, without limitation, your User Data (as defined below), you provide to us. You hereby grant us consent to conduct a background check and/or search with regards to you, to verify your identity and/or the veracity of any information you provide to us. Please note that based on any information we obtain about you upon a background check and/or search we may, at our sole discretion, accept or deny your Account registration.

 

Payment Process

 

Payment preference is first set in the sign up process and can be adjusted at any time through the Payments section of your Account. The current payment options are PayPal and Venmo. These options are subject to change at any time. Should a payment option be discontinued, you must update your profile to another payment option to continue service and receive your payments. All payments owed to the user 

will be calculated from the net profit from deals brokered by Loginhood. 

 

You are responsible for reviewing, understanding, agreeing to and abiding by the terms and conditions and privacy policies of PayPal in relation to your PayPal account, directly with PayPal, which shall independently apply to you. Please note that Loginhood takes no responsibility for any errors made by PayPal in relation to any payments due to you that they process.

 

If you decide to terminate your Account, you hereby agree to forfeit your outstanding balance that has not been paid out.

 

You agree that you are not entitled to and will not receive interest or other earnings on the funds that you earn while they remain in your Account. In consideration for your use of the Services, you irrevocably transfer and assign to Loginhood any ownership right you may have in any interest that may accrue on funds held for you in your Account, or in any pooled accounts.

 

6. Grant of Limited and Additional Terms of App Provider

 

Subject to your compliance with this Agreement, Loginhood grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on your mobile devices and/or computer that you own or control and to run such copies of the App solely for your own use in relation to the Services (the “License”). This non-transferable license is further limited by any terms of use or privacy policies required or provided by the vendor from whom you purchased and/or downloaded the App (the “App Provider”). The following additional terms and conditions apply if you download the App through an App Provider.

 

You acknowledge and agree that:

 

  • This Agreement is between you and Loginhood only, and not with the App Provider;

  • Your use of our App must comply with the App Provider’s then-current applicable terms and conditions and privacy policies;

  • Loginhood is solely responsible for the App and the Services available thereon. The App Provider has no obligation to provide maintenance and support services with respect to the App;

  • In the event of any failure of the App to conform with any applicable warranty, you may notify the App Provider who will refund the purchase price for the App (if applicable) and to the extent permitted by law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs or expenses attributable to failure to conform to any warranty will be the sole responsibility of Loginhood;

  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

  • Loginhood will be responsible, to the extent required under this Agreement, for the investigation, defense, settlement, and discharge or any third party intellectual property infringement related to the App or your possession and use of the App;

  • The App Provider and its subsidiaries are third party beneficiaries of this Agreement as relates to your License of the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your License of the App against you as a third party beneficiary thereof;

  • You must comply with all applicable third-party terms and conditions and privacy policies when using the App (e.g. you must not be in violation of your wireless data service provider terms of agreement and privacy policies when using the App); and

  • You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, (ii) you are not listed on any US Government list of prohibited or restricted parties, (iii) you are not in violation of the US Foreign Corrupt Practices Act of 1977, and (iv) you are not in contravention of any US, international or other money laundering regulations or conventions, including, without limitations, the United States Bank Secrecy Act, the United States Money Laundering Control Act of 1986, the United States International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001, Trading with the Enemy Act (50 U.S.C. SS1 et seq., as amended), or any foreign asset control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto (collectively, OFAC Regulations).

7. Permissions

If you are using any of our Products, in order to enhance your user experience, we will ask you for permission to access and collect information from your different devices. This includes, but is not limited to, all web browsing data, geo-location data, accelerometer/gyroscope data, your mobile device’s camera, microphone, contacts, calendar and Bluetooth connectivity in order to operate additional functionalities of the Services.

 

Information about how we collect, store and use this information is available in our Privacy Policy, which is incorporated into this Agreement by reference.

 

8. Promotional Communications

 

You agree that we may send you communications (via e-mail, text message, or through the Services) regarding your use of the Services, and certain features or applications of the Services you may be interested in. To the extent you have provided your express consent evidenced by checking the box and option-in during the registration process, you consent to receive communications, newsletters, or offers from us regarding third-party products and services, you hereby authorize Loginhood to deliver such communications to you via e-mail or through the Services. Loginhood abides by all applicable anti-spam legislation, including with respect to unsubscribe functions surrounding any Loginhood promotional communications.

 

If you have provide consent to receive marketing communication from our marketing partners (via e-mail, text message, or through the Services), evidenced by checking the box and option-in during the registration process, you will also receive messaging from our partners. Loginhood will provide your contact information to relevant marketers, as assessed by your User Data (as defined below). Loginhood does not have access to nor does it regulate third party unsubscribe processes, so you may have to engage with the applicable third-party purchasers to initiate their unsubscribe processes. Loginhood makes reasonable efforts to engage with third parties who adhere to applicable anti-spam and privacy legislation, but hereby disclaims any obligation to monitor or ensure third-party compliance with anti-spam legislation in the applicable jurisdiction. Loginhood is also not responsible for any communication a marketer will send you, and disclaims any obligation to review these communications.  

 

You hereby acknowledge that Loginhood and the Loginhood LLC. Parties (as defined below) are not liable for any failure on behalf of any third party to unsubscribe you from said third party’s promotional communications. If you continue to receive promotional communications through third-parties despite following their unsubscribe processes, you hereby acknowledge that your only recourse is to terminate your Account.

 

If you do not consent to receiving this communication, we may still send you non-promotional communication about your Account.

 

9. Acceptable Use Policy

 

You agree not to use the Services to take any action or actions or to post any information, data, messages, images, names, links, communications, files or other materials (collectively, the “Content” that:

  • is contrary to Loginhood’s public image, goodwill, or reputation;

  • infringes on our or any third party’s copyright, patent, trademark, trade-secret or other proprietary rights, or rights of publicity or privacy;

  • expresses or implies that any of your statements, activities, or causes are endorsed by us, without our prior written consent in each instance;

  • violates any applicable law, statute, ordinance, or regulation, or encourages any conduct that could constitute a criminal offense or give rise to civil liability;

  • is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene;

  • transmits any trade-secret or other material, non-public information about any person, company, or entity without the express, written authorization to do so;

  • restricts or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;

  • modifies, adapts, sub-licenses, translates, sells, reverse engineers, decompiles, or disassembles any portion of the Services;

  • removes any copyright, trademark, or other proprietary rights notices contained in or on the Services;

  • sublicenses, sells, rents, leases, transfers, assigns, or conveys any rights under this Agreement to any third party, or otherwise commercially exploits or profits from the information or content of the Services, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;

  • interferes with or disrupts any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Loginhood or its licensors or suppliers;

  • uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, authentication, and security measures;

  • forges headers or otherwise manipulates identifiers in order to disguise the origin of any submission;

  • executes any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Services’ servers or any data not intended for you; and/or

  • harvests or collects information about any Services visitors or members without their express consent.

We reserve the right to investigate and prosecute any of the above to the fullest extent of the application law. We may, in our sole discretion, remove, disable, edit and monitor any Content for any reason without notice to you. Any use of the Services that is contrary to this Agreement, including this Acceptable Use Policy, may result in termination of your access to and use of the Services, and/or civil or criminal liability. You acknowledge that we have no obligation to monitor your use of the Website, Products or Services, including Content, but we have the right to do so in order to operate the Website, Products and Services, to ensure your compliance with this Agreement and our Privacy Policy and to ensure our compliance with any court, administrative agency or government body.

 

10.  Ownership

 

The Services are owned and operated by Loginhood and its licensors, and the information and services (and any intellectual property and other rights relating thereto) are and will remain the property of Loginhood and its licensors and suppliers. The Services are protected by United States and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without our prior written permission. The Services may be used solely (i) to the extent permitted in this Agreement, or (ii) as expressly authorized in writing by us or, if so indicated in writing by Loginhood, its licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.

 

The trademarks, logos, and service marks displayed on the Services (collectively, the “Trademarks”) are the registered and unregistered trademarks of Loginhood, Loginhood licensors and suppliers, and/or others. Nothing contained in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Loginhood, Loginhood’s licensors or suppliers, or the third-party owner of any such Trademark, except as set forth in the following paragraph.

 

11. Claims of Copyright Infringement

 

If at any time you become aware of any content on the Services that you believe infringes your copyright, please report this to us by submitting a notice of claimed infringement, in the form mandated by the Copyright Act, RSC 1985, c C-42 (the “Copyright Act”) at section 41.25(2). You can submit this notice of claimed infringement to us at support@Loginhood.io, or write to us at:

 

Attn: Loginhood Copyrights

Loginhood LLC
120 Nassau, Unit 4J
Brooklyn, New York 11201

 

Upon receiving your notice of infringement, we will forward this notice to the appropriate individual associated with the infringing content, maintain a record, and inform you of delivering such notice, in accordance with section 41.26(1) of the Copyright Act.

 

12. Term & Termination

 

This Agreement is effective from the date on which you first access the Services or submit any information to us, whichever is earlier, and shall remain effective until terminated in accordance with this Agreement. Loginhood may immediately terminate this Agreement, and/or your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Loginhood may also terminate this Agreement immediately if you breach or fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Services shall immediately cease, you shall no longer have access to your Account balance, and you shall destroy all copies of information that you have obtained from the Services, whether made under the terms of this Agreement or otherwise.

 

We abide by strict privacy guidelines in an effort to safeguard your privacy to the extent that we are able, which includes deleting all stored data about you when you delete your registered Account. Deleting your Account will also forfeit any outstanding payments that were not requested for payout before requesting Account Deletion. The time of Account Deletion will be determined by the date Loginhood receives email communication from you with the subject line “ACCOUNT DELETION”. At that time, you hereby release Loginhood and the Loginhood, Inc. Parties (as defined below) from any and all obligations to deliver proceeds to you at any time after you have terminated your Account.

 

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Loginhood to maintain and support the Services, or any part or portion thereof, during the term of this Agreement. We are not liable to you or to any third party of any of direct or indirect consequence of any modification, malfunction, suspension, discontinuance or interruption to or of the Services or the Content available on the Service.

 

13. Disclaimers

 

The Services, including but not limited to the Products and the Website, are provided “as is” and “with all faults” and without warranties of any kind, either express or implied, and all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the services are current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law.

 

There is no warranty, representation, or guarantee that the Services, or your use of the Services, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Services, or any information, software, or other material accessible from the Services, are free of viruses or other harmful components. We do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of, the Services, either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Services and your reliance thereon.

 

Loginhood  makes no warranty, representation, or guarantee with respect to products and services offered by third parties on the Services, and we specifically disclaim any warranty, representation, or guarantee with respect to the quality, safety, legality, or other characteristics of such products and services, or with respect to the conduct of any third party in connection with such offers or sales.

 

You are solely responsible for all your communications with other users of the Website, Products and Services. You acknowledge that Loginhood is not obligated to, nor responsible for screening users or verifying the statements of the users of the Website, Products and Services. Loginhood makes no representations or warranties as to the conduct of the users of the Website, Products and/or Services. You agree to take all reasonable precautions in all your communications with others on the Website, the Products or in any way while using the Services.

 

14. Limitation of Liability

 

To the maximum extent permitted by the applicable law in your state, notwithstanding the failure of essential purpose of any limited remedy of any kind, neither Loginhood nor any of its subsidiaries, affiliates, shareholders, members, licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the Services and/or the Website and/or the Products whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the Services and/or the Website  and/or the Products, is to stop using the Services and/or the Website and/or and/or the Products, as applicable. Neither Loginhood nor any of its subsidiaries, affiliates, shareholders, members, licensors, sponsors, agents, successors, or assigns, nor our or their directors, officers, employees, consultants, or other representatives will have any liability to you for any damages, expenses, or other liability incurred by you as a result of (i) any inaccuracy, incompleteness, or misrepresentation of any information, content, postings, or submissions provided or posted on the Services by third parties, or (ii) your purchase of any third-party products or services through the Services.

 

You recognize and agree that this limitation of liability is just and reasonable.

 

15. Indemnification

 

You agree to fully indemnify, defend, and hold Loginhood, our subsidiaries, affiliates, shareholders, members, licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (collectively, the “Loginhood, Inc. Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your breach of this Agreement, including, but not limited to, the Acceptable Use Policy; (ii) any allegation that any materials you submit to us or transmit in relation to the Services, via the Website and/or the Products, infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (iii) your activities in connection with the Services and/or the Website and/or the Products; and/or (iv) your negligence, wilful misconduct or violation of any law, regulation, intellectual property right or other right or rights of a third party.

 

16. Release

 

If you have a dispute with one or more other users of the Services and/or the Website and/or the Products, you agree to release the Loginhood, Inc. Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.

 

17. Jurisdictional Issues

 

Loginhood makes no representation that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services are appropriate or available for use in other locations. Accessing the Services from territories where the Services or any content or functionality of the Services or portion thereof are illegal is expressly prohibited. If you choose to access the Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Services are operated from the United States. If you are located outside of the United States, you are not permitted to use the Services and/or the Products at this time. You explicitly agree to not use the Services and/or Products outside of the United States at this time, and doing so will be considered a breach of this agreement. You agree that Loginhood will not be held accountable to privacy laws outside of the United States for this reason, as usage of the Services and/or Products will terminate this agreement, effective immediately.  

 

18. Dispute Resolution; Governing Law

 

You and Loginhood hereby agree to settle any and all disputes or claims arising from or relating to this interpretation, application or alleged breach of this Agreement, as amended from time to time (the “Claims”) by final and binding arbitration by a single arbitrator. You and Loginhood hereby waive the right to sue in court and have a trial, by jury or by judge alone, as applicable, in your jurisdiction. You and Loginhood also hereby agree that each may bring a Claim against the other only in an individual capacity, and not as a plaintiff or class member in any purported class action. You and Loginhood further agree that no arbitrator or judge may consolidate more than one person’s Claims or otherwise preside over any form of representative or class proceeding unless otherwise agreed upon in writing by you and Loginhood. For the avoidance of doubt, you hereby waive any right to participate in a class action against Loginhood, whether as a member of a class or a representative, in respect of any Claims, legal proceeding or matters whatsoever between you and Loginhood, before any court, arbitration forum or tribunal. This Agreement shall be governed by the laws of the state of Delaware, without regard to its conflicts of laws provisions. Any arbitration between you and Loginhood will be administered under the laws of the State of Delaware.

 

Any judgment award rendered under such arbitration may be entered into any court having jurisdiction;

provided, however

, you hereby agree that if the arbitrator’s award, final ruling or judgment is in your favor, Loginhood will pay you the lesser of (i) the amount of the arbitrator’s award, (ii) the most recent written settlement offer made to you by Loginhood, if any, and (iii) USD$1,000, in full settlement of the arbitrated dispute. The cost of the arbitration shall be borne equally by both parties, provided, each party shall be responsible for their respective attorneys’ fees.

 

19. User Data and Privacy

 

All information provided to or collected by us in connection with your use of the Services, including information that may identify your (“User Data”) will be collected, used and disclosed in accordance with our Privacy Policy, which is incorporated herein by reference. In the event of any conflict between this Agreement and the Privacy Policy, the Privacy Policy shall, to the extent of such inconsistency, prevail. Our Privacy Policy may be amended or updated from time-to-time, in our sole discretion. We will notify you of any changes by posting the new Privacy Policy on the Website. Each time you use the Website, Products and/or Services, the most current version of the Privacy Policy will apply. Each time you use our Services, you consent to the collection, use and disclosure of your User Data by Loginhood in accordance with our Privacy Policy, as amended. We will not materially change our policies and practices to make them less protective of your privacy without your consent and/or the consent of affected users, as applicable.

 

19. Referral Program

 

These Referral Program Terms govern your participation in our Referral Program (“Referral Program”). Loginhood, LLC (“Company” or “we” or “us”) offers the Referral Program to our members who are interested in referring other users to utilize the data monetization services of Loginhood, including but not limited to our Browser Extension (“Browser Extension”).

 

(a) General

 

You must be a currently registered Loginhood user to participate in the Referral Program. These Referral Program Terms are in addition to any agreements between you and Company, found elsewhere in these Terms of Usage and our

Privacy Policy

(collectively, the “General Terms and Conditions”), which you agreed upon when creating an account. The General Terms and Conditions are hereby incorporated by reference and shall apply to your participation in the Referral Program.

 

(b) Qualified Referrals

 

A Qualified Referral must:

 

  • Be a natural person (i.e., no businesses, legal entities or pets);

  • Be a new user to

    https://loginhood.io/

    ; has not previously used the Browser Extension; has not previously used the Mobile Application

  • Sign up to become a Loginhood user by specifically clicking the Sign Up button on the referral email sent after inputting their email address on your Referral tool, clicked your custom referral link or other methods supplied by us that allow for proper tracking of referrals;

  • Consent to and comply with the General Terms and Conditions; and

  • Demonstrate usage of Loginhood’s products and services by blocking at least 500 data-trackers.

(c) Bonus

 

You may be eligible to earn a reward (“Bonus”) for each Qualified Referral that you refer. The Bonus applicable to Qualified Referrals changes from time to time, and will be set forth on our your Referral Page (“Referral Page”), located within your account. The Bonus applicable to your Qualified Referral will be the Bonus displayed on the Referral Site at the time your Qualified Referral completes the process of blocking 500 trackers on the Chrome Extension.

 

(d) Representations

 

By participating in the Referral Program, you represent and warrant that (i) you have a personal relationship with your referral or otherwise have the necessary consents to submit their information to the Referral Program; and (ii) you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Referral Program.

 

(e) Restrictions

 

The following is a non-exhaustive list of activities that are not permitted and that will disqualify you from earning Bonuses through the Referral Program: (i) self-referral; (ii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iii) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or “spam”; (iv) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, any merchant Facebook or forum page; (v) bidding on any keywords containing “Loginhood” or common misspellings thereof, including, but not limited to, Loginhood.io; (vi) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (vii) paid advertising for the purpose of generating traffic directly to your referral link; (viii) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; and (ix) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Users that you refer but do not click your referral link or referral email will not count as a Qualified Referral. A Qualified Referral will only count if the user signs up immediately after clicking through your referral link or referral email and does not exit the signup process. Users that sign up at a later date but do not go through your referral link or referral email cannot be honored at this time. 

 

(f) Reservation of Rights

 

We reserve the right to withhold, deny or cancel any bonuses and/or rewards and/or terminate your account if Company, in its sole discretion, deems any bonus and/or reward as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with these Referral Program Terms, the General Terms and Conditions or any other applicable law or regulation. Our decisions are final.

 

(g) Termination

 

We reserve the right to suspend or terminate the Referral Program or to change these Referral Program Terms at any time and for any reason in our sole discretion.

 

21. Territory and Partner Specific Information California

 

California Civil Code Section 1789.3 accords California residents the right to receive the following specific consumer rights notice, which we hereby offer as a convenience to you:

 

The name, address of the provider of the Service is Loginhood, Inc., 120 Nassau St, Unit 4J, Brooklyn, New York 11201. Complaints regarding the Service or requests to receive further information regarding use of the Services may be sent to the above address or to

support@loginhood.io

 

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

 

22. Miscellaneous

 

(a) Governing Law: This Agreement is governed by and is to be construed in accordance with the laws of the state of Delaware and the laws of the United States applicable therein and treated in all respects as an Delaware contract. Subject to paragraph 18 above and subparagraph 21(b)(ii) below, the parties to this Agreement hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the state of Delaware and all courts competent to hear appeals therefrom.

 

(b) Severability: (i) Subject to subparagraph 21(b)(ii) below, if any provision of this Agreement is determined to be illegal, unenforceable or excessively broad as to duration, scope or activity, then that provision shall be construed so that the remaining provisions of this Agreement shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad provision shall be deemed, without further action on the part of either party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction; (ii) If paragraph 18 of this Agreement is determined to be illegal, unenforceable or excessively broad as to duration, scope or activity, then, pursuant to subparagraph 21(a) above, any Claim will be exclusively decided by a court of competent jurisdiction within the Province of Ontario, and you and Loginhood agree to submit to the venue, personal and subject-matter jurisdiction of that court.

 

(c) Entire Agreement: This Agreement, including the Privacy Policy, which is available at

https://app.loginhood.io/privacy-policy

, is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.

 

(d) No Waiver: The failure of Loginhood to enforce any right or provision in this Agreement does not constitute a waiver of that right or provision. This Agreement may not be changed, waived, or modified except by us as provided herein or otherwise by written instrument signed by Loginhood. Employees of Loginhood are not authorized to modify the terms of this Agreement, either orally or in writing. If any employee of Loginhood offers to modify this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Loginhood or anyone else purporting to act on Loginhood’s behalf. This Agreement is between you and Loginhood; there are no third-party beneficiaries.

 

(e) Relationship: Nothing in this Agreement shall be deemed or construed to constitute an agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Loginhood may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on Loginhood’s national registered agent (in the case of Loginhood) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given twenty four (24) hours after the e-mail is sent.

 

(f) Headings: Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

 

(g) Survival: The provisions of this Agreement addressing disclaimers, representations and warranties, limitation of liability, releases, indemnity obligations, intellectual property, severability, notices, and governing law shall survive the termination of this Agreement, your registration with the Website and/or use of the Website, Products and/or Services.

 

23. Contact Us

 

If you have any questions, comments, or concerns relating to this Agreement, please contact us at support@Loginhood.io, or write to us at:

 

Loginhood LLC
120 Nassau St, Unit 4J
Brooklyn, New York 11201

 

Email: support@loginhood.io