Terms and Conditions of Use
Lofta is a Home Medical Device Retailer (“HMDR”) that is committed to improving the process of buying and using sleep apnea treatment devices. As part of this commitment, Lofta has invested in several digital tools available for public use. These Terms and Conditions of Use (“Terms”) will govern the appropriate use of these digital tools.
Overview of Lofta
Before jumping into the legal portion of this document, we want to clarify a few items. Lofta is here to help customers sleep better and enable them to treat their obstructive sleep apnea. However, since obstructive sleep apnea is a medical condition, there are certain activities that Lofta can do and certain activities that Lofta cannot do. Here’s an overview:
What Lofta Does:
- Provides helpful information on sleep health, obstructive sleep apnea, and other forms of sleep disordered breathing
- Under the direction of a client’s physician, Lofta administers home sleep tests and provides results back to physician
- Provides client support through the purchase process of durable medical equipment related to obstructive sleep apnea, including CPAP machines and related supplies, in accordance with physician prescriptions
- Provides support, encouragement, fitting tutorials, and sleep data to clients through licensed respiratory therapists
What Lofta Does Not Do:
- Diagnoses clients with sleep apnea
- Writes prescriptions for home sleep tests or durable medical equipment
- Interprets results from home sleep tests
- Performs any medical service, emergency or routine, for clients
- Enters into Physician-Patient relationship with clients
Now, onto the legal agreement. Please read these terms and conditions carefully because they set forth the important terms you will need to know about Lofta and Lofta’s services, products, and digital tools.
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN LOFTA (“Lofta”, “WE” OR “US”) AND THE CLIENT “YOU”. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE DIGITAL TOOLS LOCATED AT THE URL WWW.LOFTA.COM (AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.LOFTA.COM BY LOFTA, ITS SUBSIDIARIES AND AFFILIATED COMPANIES) (COLLECTIVELY, THE “DIGITAL TOOLS” AS DEFINED IN SECTION 1 OF THESE TERMS). BY USING THESE DIGITAL TOOLS, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THESE DIGITAL TOOLS OR ANY INFORMATION CONTAINED THEREIN.
Lofta (“Lofta” or “We” or “Us”) will refer to the Home Medical Device Retailer (“HDMR”) that has developed the digital tools covered in these terms and conditions.
Client (“Client” or “you”) will refer to Lofta’s existing clients or any website visitors or those who have registered to use the website or Virtual Care Platform
Lofta Digital Tools (“Lofta Digital Tools”) is a collective term to refer to the group of digital tools develop by Lofta for use by Clients, Lofta, and others to convey information, communicate, and collaborate with each other. There are 3 primary Digital Tools referred to in this agreement:
Lofta Website (“Website” or “Site”) refers to the main Lofta website with information about sleep health, obstructive sleep apnea, and treatment. This website is an informational tool and ecommerce site for Clients.
Lofta Virtual Care Platform (“Virtual Care Platform” or “VC Platform”) is the telehealth platform Lofta has licensed and modified to facilitate improved communication between Clients, Independent Physicians, and Lofta employees. This is a HIPAA compliant video conferencing tool with medical information. Lofta does not provide medical care through this tool, but independent licensed healthcare professionals and physician groups can license the use of this tool to provide diagnostic service to Lofta Clients through this tool.
Lofta Mobile Application (“Mobile Application” or “Mobile App”) refers to the mobile application associated with the Lofta VC Platform. This application may or may not share the Lofta brand name, but it is still covered under these Terms.
Patient (“Patient”) will refer to the Client in cases when discussing the relationship between the Client and his/her Physician. Lofta does not have Physician-Patient relationships with clients, but may facilitate communication between Clients and their Physicians. Some of that communication may occur using Lofta’s digital tools so referencing Patients and Physician in these terms and conditions is necessary
Lofta Physicians, PA (“Lofta PA”) is a third-party medical professional association that has licensed the brand name of Lofta for use. Additionally, Lofta PA has licensed the use of the VC Platform to interact with their Patients. Lofta has no financial interest in Lofta PA and has no control over operational elements such as pricing decisions, physician selection, or licensing / compliance matters. Any relationship between a Lofta Client and a Physician working for Lofta PA is at the discretion or the Client. Lofta will work with any board-certified and licensed physician of the Client’s choosing.
Physicians (“Physicians” or “Healthcare Provider” or “Provider”) is a reference to healthcare professionals with which Lofta Clients may establish a physian-patient relationship. These Physicians may or may not be introduced to the Client through the Lofta VC platform as Lofta’s business practices are agnostotic to which physician the Client uses to perform diagnostic and therapeutic processes.
2. Lofta Business Overview
Lofta is a Home Medical Device Retailer (“HMDR”) licensed in certain states to dispense durable medical equipment to facilitate the treatment of sleep disordered breathing (“SDB”) as directed by a licensed physician. Lofta may provide through various means helpful information on sleep apnea, the use of CPAP devices, and other topics within its scope as an HMDR. The information shared by Lofta should never be construed as the practice of medicine. LOFTA DOES NOT PROVIDE PATIENT EVALUATIONS, DIAGNOSIS, CARE AND/OR TREATMENT. As a service to its clients and to create a comprehensive path, Lofta may facilitate an introduction between a licensed physician and its clients to establish an independent physician-patient relationship. Lofta shall not be a party to these relationships. Lofta should never be relied upon as a substitute for or resource in place of a licensed medical practitioner.
3. Virtual Care Platform Specific Terms
In addition to the rest of the terms contained in this agreement, the following applies to the use of the VC Platform by Clients.
Clients may choose to interact with Physicians through the Lofta Virtual Care Platform and/or the associated Mobile App. Any Healthcare Services (“Healthcare Services”) provider by a Physician to a Lofta Client are not part of Lofta’s business offering.
Healthcare Services provided through the VC Platform that allows participating Healthcare Providers to communicate with their clients and Patients to provide healthcare services online via a secure Internet connection focused on obstructive sleep apnea. Lofta is not a medical service provider, health insurance company, or licensed to sell health insurance.
AS SUCH, LOFTA IS NOT PARTY TO ANY PHYSICIAN-PATIENT RELATIONSHIP. IN SOME CASES, A LOFTA CLIENT MAY SELECT A MEDICAL PROFESSIONAL THROUGH THE LOFTA VC PLATFORM AND THE LOFTA CLIENT MAY ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP BY UTILIZING THE LOFTA VC PLATFORM AS A COMMUNICATION TOOL. HOWEVER, LOFTA IS ONLY PROVIDING A COMMUNICATION TECHNOLOGY FOR THIS INTERACTION AND IS NOT PARTY TO THE MEDICAL RELATIONSHIP.
The VC Platform is not intended for use by Healthcare providers and patients in connection with active patient monitoring so as to allow immediate clinical action or continuous monitoring by a Healthcare provider or the patient.
USE OF OUR VC PLATFORM IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
a) Patient and Healthcare Provider Responsibilities
If you are a Patient, you accept responsibility for yourself in the use of the Virtual Care Platform. You acknowledge that your relationship for Healthcare services is with your healthcare provider, and your obtaining services from the Healthcare Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the Virtual Care Platform, you agree to not hold Lofta liable in any way for any malpractice or substandard treatment the Healthcare Provider may render.
We do not confirm the credentials of Healthcare Providers using our Virtual Care Platform and do not validate that they are in good standing with their respective licensure board(s). It is the patient’s responsibility to separately confirm that a healthcare Provider is in good standing with his or her respective licensing board(s). Selecting a Healthcare Provider is the responsibility of the Patient. The Patient is free to use any Healthcare Provider they feel is appropriate and is not limited to Healthcare Providers that are available on the Lofta VC Platform.
If you are a Healthcare Provider, you accept responsibility for your Patients as well as yourself in the use of this VC Platform. You are also responsible for the quality of the services you provide during your use of the VC Platform and for complying with all applicable laws in connection with your use of the Service. For example, you are responsible for obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using this VC Platform and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
You are also responsible for obtaining Patient consent if required by law and complying with any and all privacy laws applicable to the use of this VC Platform with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Lofta has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality that of your patients. You will be asked to enter a HIPAA business associate agreement with Lofta.
We make no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.
4. Medical Information on the Website
Lofta is not a healthcare provider. The content on the Site is designed to support, not replace or intervene in, the relationship that exists between you and your healthcare provider (either as facilitated through the Virtual Care Platform or through other means).
While the Website may provide access to certain general medical information and information about sleep apnea, the website we provide cannot and is not intended to provide medical advice. We advise seeking the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from a doctor or other qualified healthcare provider because of something posted on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTHCARE PROVIDER FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. FURTHER, A HEALTHCARE PROVIDER’S ABILITY TO USE OUR SERVICES IS NOT AN ENDORSEMENT OR RECOMMENDATION OF THAT HEALTHCARE PROVIDER BY LOFTA.
Lofta can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Website and by providing a notice on the Site. By using the Digital Tools after Lofta has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Digital Tools.
Lofta may make changes to the Digital Tools at any time, without notice. If you object to any changes to the Digital Tools, your sole recourse will be to cease using them. Continued use of the Digital Tools following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Digital Tools as so modified. We also reserve the right to discontinue the Digital Tools at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Digital Tools.
However, if there is medically related patient records stored in the VC Platform, Lofta will provide said information to the Client’s Physician as directed.
7. General Provisions Regarding Use and Age Requirement
By using these Digital Tools, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Digital Tools at any time or in any manner or submit any information to Lofta or the Digital Tools.
Lofta provides content through the Digital Tools that is copyrighted and/or trademarked work of Lofta or Lofta’s third-party licensors and suppliers or other users of the Digital Tools (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Lofta hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use these Digital Tools solely for your personal use. Except for the foregoing license, you have no other rights in the Digital Tools or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Digital Tools or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
8. Visitors and Registered Users
A client may be considered in any or all of the following categories:
Vistor to Lofta Website (“Visitor”)
Registered User of the Lofta Website (“Registered User of Site”)
Registered User of the VC Platform (“Registered User of VC Platform”)
The term “Registered User” with out a modifier of “of Site” or “of VC Platform” will apply to Registered Users of all Lofta Digital Tools
As a visitor, you can view, visit and browse through the Site. You need not register with Lofta to simply visit and view the Site, to browse and see the partial, publicly accessible information in the Site.
However, in order to access the Virtual Care Platform, access more in-depth information, or order products from the website, you must register with Lofta for an account and receive a password. Registered Users of VC Platform can be Patients or Healthcare Providers. To be able to use and access the VC Platform, Providers shall contract separately with Lofta PA, create a “Provider Account” and then Patients can use the site to select a Provider to create a Physician-Patient relationship.
a) Password Restricted Areas of this Site
To register for an account with Lofta, you must submit the following information through the account registration page on the Site:
(1) Providers: Providers are required to provide certain Personal Information, and information about their practices, including: the Provider’s name, date of birth, gender, address, email, mobile and work phone; the Healthcare Provider’s practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.
(2) Clients who are Registered Users of VC Platform: Clients are required to provide certain Personal Information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. Clients may also provide certain optional information, including middle name or initial, home phone and other contact info, picture and communications preferences. In addition, the Client can communicate other health-related information to the Healthcare Provider during a video consultation or other means via the VC Platform or Lofta App. Optional information is not required to register for an account but may be helpful to Lofta in providing you with a more customized experience when using the Site or its Services.
(3) Client who as Registered Users of Site: Clients are required to provide certain Personal Information, including: name, email, phone, as well as a user id and password. Clients may also provide certain optional information, including middle name or initial, address, home phone and other contact info, picture and communications preferences. Optional information is not required to register for an account but may be helpful to Lofta in providing you with a more customized experience when using the Site or its Services.
Once you have created your Lofta account and provided a user-name and password, you are responsible for maintaining the confidentiality of your Lofta Password, and you are responsible for all activities that occur using your Lofta Password. You agree not to share your Lofta Password, let others access or use your Lofta Password or do anything else that might jeopardize the security of your Lofta Password. You agree to notify Lofta if your Lofta Password on these Digital Tools is lost, stolen, if you are aware of any unauthorized use of your Lofta Password on these Digital Tools or if you know of any other breach of security in relation to these Digital Tools. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.
All the information that you provide when registering for an account and otherwise through the Digital Tools must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.
Individuals and/or entities whose access to the Digital Tools or use of the VC Platform have previously been terminated by Lofta may not register for a new account, nor may designate other individuals to use an account on its or your behalf.
You will be entering into two distinct billing relationships while using these Digital Tools. For use of the Website, you will potentially enter into financial agreements with Lofta for the purchase of goods and services. During the use of the VC Platform, you will potentially enter into financial agreements with Lofta PA for the payment of medical fees for consultations and diagnostic services. Any invoices or order forms (“Order Form”) will be clearly marked with an entity name to help clarify which entity you are transacting with. Any transactions between you and your medical provider will be your responsibility and Lofta will not be involved in the collection or dispute resolution between parties. The following payment terms and conditions apply to transactions between Lofta and the Client.
If applicable, you agree to pay all fees or charges to your account based on Lofta’s fees, charges, and billing terms in effect as detailed in your Order Form. The terms and conditions governing timely payment and collection of such payment are detailed in the purchase agreement associated with the Order Form. If you do not pay on time or if Lofta cannot charge your credit card or other payment method for any reason, Lofta reserves the right to either suspend or terminate your access to the Digital Tools and account and terminate these Terms. You are expressly agreeing that Lofta is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of these Digital Tools and the fees will be billed to your credit card or other payment method designated on your initial registration with these Digital Tools, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Lofta may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
10. Special Provisions for Mobile Applications
Lofta may make available Mobile Applications to access the Digital Tools via a mobile device. Additionally, Lofta may provide access the the VC Platform through a Mobile Application that does not share the Lofta Brand. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Lofta does not warrant that the Mobile Application will be compatible with your mobile device. Lofta hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Lofta may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Lofta and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Lofta provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and Lofta only, and not with Apple, Inc. (“Apple”).
Your use of Lofta’s iOS App must comply with Apple’s then-current App Store Terms of Service.
Lofta, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that Lofta, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that Lofta, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Lofta’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Lofta provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and Lofta only, and not with Google, Inc. (“Google”).
Your use of Lofta’s Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. Lofta, and not Google, are solely responsible for Lofta’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Lofta’s Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Lofta’s Android App.
11. Links to Third-Party Sites
YOU AGREE THAT LOFTA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Lofta’s endorsement or recommendation.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Digital Tools (each a “Submission”). You may not upload, post or otherwise make available on these Digital Tools any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through these Digital Tools.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Lofta to monitor, police or remove any Submissions or other information submitted by you or any other user.
13. Unauthorized Activities
When using these Digital Tools, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Digital Tools.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on these Digital Tools.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Lofta reserves the right to (a) terminate access to your account, your ability to post to these Digital Tools and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Lofta determines is inappropriate or disruptive to these Digital Tools or to any other user of these Digital Tools. Lofta may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Lofta’s discretion, Lofta will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on these Digital Tools may violate certain laws and regulations.
You agree to indemnify and hold Lofta and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Lofta or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of these Digital Tools or the use of these Digital Tools by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.
14. Proprietary Rights
Lofta is a trademark of Lofta in the United States of America. Other trademarks, names and logos on these Digital Tools are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on these Digital Tools, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Lofta. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
15. Intellectual Property Infringement
Lofta respects the intellectual property rights of others, and we ask you to do the same. Lofta may, in appropriate circumstances and at our discretion, terminate service and/or access to these Digital Tools for users who infringe the intellectual property rights of others.
a) Digital Millennium Copyright Act (“DMCA”) Notifications for intellectual property infringement.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Digital Tools, please provide Lofta’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Digital Tools, and information reasonably sufficient to permit Lofta to locate the material.
Information reasonably sufficient to permit Lofta to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lofta’s agent for notice of claims of copyright or trademark infringement on these Digital Tools can be reached at Lofta, 7661 Girard Avenue, Suite 230 La Jolla, California 92037.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
b) Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Lofta designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Lofta may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
c) Termination of Repeat Infringers
Lofta reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
16. Disclaimer of Warranties
Your use of these Digital Tools is at your own risk. Materials and Submissions have not been verified or authenticated in whole or in part by Lofta, and they may include inaccuracies or typographical or other errors. Lofta does not warrant the accuracy of timeliness of the Materials or Submissions contained on these Digital Tools. Lofta has no liability for any errors or omissions in the Materials, whether provided by Lofta, our licensors or suppliers or other users.
LOFTA, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THESE DIGITAL TOOLS, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THESE DIGITAL TOOLS, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THESE DIGITAL TOOLS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LOFTA DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
17.Limitation of Liability
Neither we nor providers of content to us (“Content providers”) assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content or derived through the Digital Tools.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE LOFTA PROVIDED PRODUCT MATERIALS, LOFTA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH LOFTA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE DIGITAL TOOLS) IS TO DISCONTINUE YOUR USE OF THE DIGITAL TOOLS. LOFTA AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE INFORMATION ON THIS WEBSITE OR THE VC PLATFORM OR THE MOBILE APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF PRODUCTS OR REGISTRATION WITH LOFTA. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LOFTA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOFTA AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF LOFTA WILL BE LIMITED TO, IN THE SOLE DISCRETION OF LOFTA, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SERVICE RECEIVED BY LOFTA FROM YOU.
18. Local Laws; Export Control
Lofta controls and operates these Digital Tools from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use these Digital Tools outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Lofta, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Digital Tools, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Lofta is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Lofta is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
20. Legal Disputes
These Terms will be subject to and construed in accordance with the laws of the State of California, United States of America excluding its rules regarding conflicts of law. Foreign laws do not apply. You agree that any claim or dispute you may have against Lofta must be resolved exclusively by a state or federal court located in the State of California, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in San Diego, California for the purpose of litigating all such claims or disputes.
Arbitration. For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that Lofta may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event Lofta elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by Lofta. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
21. Electronic Communications
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Lofta. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Lofta. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Lofta prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Lofta, may result in immediate termination of your access to these Digital Tools without prior notice to you. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or these Digital Tools will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Lofta’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Lofta and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Lofta about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
23. Contact Us
If you have any questions about these Terms or otherwise need to contact Lofta for any reason, you can reach us at:
PO Box 1123
La Jolla, California 92038
with a copy to info@Lofta.com or call us at (800) 698-8000.