General

Loupe Troop ("LT") provides services through its websites, programs and computer servers, including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "Loupe Troop.") By accessing or using Loupe Troop, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and LT. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on Loupe Troop as set forth to users upon access to such categories or services. LT may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of Loupe Troop.

If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of Loupe Troop, in which case any continuing access or use of Loupe Troop is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Loupe Troop.

Loupe Troop is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

The TOU grant you a limited, revocable, nonexclusive license to access Loupe Troop and use Loupe Troop, in whole or in part, including but not limited to LT intellectual property therein, solely in compliance with the TOU.

Moderation

LT has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content") posted to, stored on or transmitted via Loupe Troop by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Loupe Troop) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that LT, in its sole discretion, deems necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). LT may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. LT action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive LT's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation.

You also understand and agree that any action or inaction by LT or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "LT Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither LT nor any LT Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU.

Although LT Representatives may moderate content, conduct and TOU compliance on Loupe Troop at LT's discretion, LT Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of LT will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of LT will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any LT Representative (or by anyone else acting on behalf of LT or by anyone purportedly acting on behalf of LT) that LT (including but not limited to any LT Representative, anyone else acting on behalf of LT, or anyone purportedly acting on behalf of LT) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that LT, LT Representatives and anyone else authorized to act on behalf of LT shall in no circumstance be liable as a result of any representation that LT, a LT Representative or anyone else on behalf of LT would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by LT's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

LT also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Loupe Troop at any time without notice. LT and LT Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.

Content and Conduct

a. Content

LT does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from Loupe Troop includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via Loupe Troop); (6) malicious content (including, without limitation, malware or spyware); and (7) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on Loupe Troop and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.

You automatically grant and assign to LT, and you represent and warrant that you have the right to grant and assign to LT, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to LT all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

You agree to indemnify and hold LT and LT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by LT or LT Representatives.

b. Conduct

LT does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to Loupe Troop, and, if you create an account on Loupe Troop, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold LT and LT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to Loupe Troop or LT, and related to or arising out of any conduct or activities on, through or by use of your Loupe Troop account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by LT or LT Representatives.

Posting and Accounts

This section 4 applies to all uses and users of Loupe Troop. LT has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

a. Postings

The same or substantially similar content may not be posted in more than one Loupe Troop category. A user may post content only in the single Loupe Troop category to which it is most relevant, and must not post content to inappropriate categories.

A user may post the same or substantially similar content no more than once every 7 days.

Users may not circumvent any technological measure implemented by LT to restrict the manner in which content may be posted on Loupe Troop or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent Loupe Troop accounts; URL shortening, obfuscation or redirection; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."

It is expressly prohibited for any third party to post content to Loupe Troop on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to Loupe Troop using any automated means. Users must post all content personally and manually through all steps of the posting process.

b. Accounts

A user may maintain and use no more than one account to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.

A user may create an account only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts for him/her. The creation of accounts for others is expressly prohibited.

A user must only use his/her own account, and may not use any account of another.

The purchase and sale of accounts is expressly prohibited.

A user must create his/her account personally and manually and may not create accounts by any automated means.

c. Flagging

A user shall not "flag" (or otherwise seek removal of) content on Loupe Troop without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others.

A user may flag a specific item of content only once.

A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).

Unauthorized Access and Activities

This section 5 applies to all uses and users of Loupe Troop, unless LT has specifically authorized an exception to a particular term for a particular user in a written agreement. LT has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.

To maintain the integrity and functionality of Loupe Troop for its users, access to Loupe Troop and/or activities related to Loupe Troop that are harmful to, inconsistent with or disruptive of Loupe Troop and/or its users' beneficial use and enjoyment of Loupe Troop are expressly unauthorized and prohibited. For example, without limitation:

The collection of Loupe Troop users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.

Any copying, aggregation, display, distribution, performance or derivative use of Loupe Troop or any content posted on Loupe Troop whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access Loupe Troop without individual written agreements executed with LT that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant Loupe Troop website, service, forum or content; (b) they access Loupe Troop from a stable IP address using an easily identifiable agent; and (c) they comply with LT's robots.txt file; provided however, that LT may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Loupe Troop without their own written agreement executed with LT), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

Any effort to decompile, disassemble or reverse engineer all or any part of Loupe Troop in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of Loupe Troop in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of Loupe Troop in any manner are expressly prohibited.

Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.

User Communications, Transactions, Interactions, Disputes and Relations

LT and LT Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

You agree to indemnify and hold LT and LT Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by LT or LT Representatives.

Fees

LT may charge a fee to post content or for other features, products, services or licenses. You are responsible to LT for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize LT, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.

Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.

Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by LT or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, LT reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON LOUPE TROOP AND CONTENT ACCESSED THROUGH LOUPE TROOP IS ENTIRELY AT YOUR OWN RISK. LOUPE TROOP (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, LT ALSO DISCLAIMED ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF LOUPE TROOP AND CONTENT ACCESSED THROUGH LOUPE TROOP; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON LOUPE TROOP OR IN CONTENT).

THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

Limitations of Liability

LT AND THE LT REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF LT OR ANY LT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP; ANY INABILITY TO ACCESS OR USE LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF LOUPE TROOP OR CONTENT ACCESSED THROUGH LOUPE TROOP (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON LOUPE TROOP AND LINKS IN CONTENT ACCESSED THROUGH LOUPE TROOP).

You hereby release LT and each of the LT Representatives and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Loupe Troop or content accessed through Loupe Troop, or any interactions with others arising out of or related to Loupe Troop or content accessed through Loupe Troop, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Injunctive Relief

You acknowledge and agree that any violation or breach of the TOU may cause LT immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, LT has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to LT in law or in equity, LT may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.

Damages

In addition to any injunctive relief, you agree to pay to LT the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility.

Privacy

LT has established a privacy policy covering the collection, use, and disclosure of user information. View the privacy policy.

Miscellaneous

These TOU constitute the entire agreement between you and LT and supersede any prior written or oral agreement. Other than the LT Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU.

Any and all claims, causes of action or disputes (regardless of theory) between you and LT arising out of or related to the TOU, Loupe Troop or content accessed through Loupe Troop shall be governed by the laws of the State of North Carolina without regard to conflict or choice of law principles. You and LT agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Wake, North Carolina, and you and LT agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect.