Loup Website Terms of Use

Acceptance of the Terms of Use  

These terms of use (“Terms of Use”), are entered into by and between You and Loup, LLC (”Company” or “Loup”). The following terms and conditions govern your access to and use of the Loup website at  www.loupdb.com (the “Website”), including any content, functionality and services offered on or through the Website whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use.  If you do not agree to these Terms of Use, you must not access or use the Website.

Changes to the Terms of Use  

Loup may revise and update these Terms of Use at any time. All changes are effective immediately when posted to the Website.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Terms of Use each time you access the Website so you are aware of any changes, as they are binding on you. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with the terms and conditions.

Accessing the Website and Account Security  

     Loup reserves the right to withdraw or amend this Website, and any services, products or materials offered on the Website are subject to change in the sole discretion of Loup.  Loup is not liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Loup may restrict access to some parts of the Website, or the entire Website, to users, including registered users.  

     To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by Loup’s  Privacy Policy, and you consent to all actions Loup takes with respect to your information consistent with the Privacy Policy.

     If you choose, or are provided with, a user name, password, or any other piece of information in connection with your use of the Website, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify Loup immediately of any unauthorized access to or use of your user name or password or any other breach of security.

     Loup has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Loup, at any time in Loup’s sole discretion for any or no reason, including if, in Loup’s opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights  

     The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Loup, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

     These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

1. You may store files that are automatically cached by your web browser for display enhancement purposes.

1. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

    You must not:

1. Modify copies of any materials from this site.

1. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

     No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Loup. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses  

     You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

1. To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.

1. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Loup, may harm Loup or users of the Website or expose them to liability.

     Additionally, you agree not to:

1. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

1. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Loup’s prior written consent.

1. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the Website or its users.

1. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

1. Otherwise attempt to interfere with the proper working of the Website.

Purchases and Other Terms and Conditions  

     All purchases made through the Website for the sale of goods or services may be subject to additional terms and conditions, all of which are made a part of these Terms of Use by this reference.  Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Links from the Website  

     If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Loup has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties  

     You understand that Loup cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. TO THE FULLEST EXTENT PROVIDED BY LAW, LOUP WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

     YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOUP NOR ANY PERSON ASSOCIATED WITH LOUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER  LOUP NOR ANYONE ASSOCIATED WITH LOUP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

     TO THE FULLEST EXTENT PROVIDED BY LAW, LOUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability  

    EXCEPT WHERE REQUIRED BY LAW, IN NO EVENT WILL LOUP, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

     THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification  

     You agree to defend, indemnify, and hold harmless Loup, its affiliates, licensors, and service providers, and its and their respective owners, members, officers,  employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

Governing Law and Jurisdiction  

     All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions.

     Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of McKinney and County of Collin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

Limitation on Time to File Claims  

     ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability  

     No waiver by Loup of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Loup to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

     If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement  

     These Terms of Use constitute the entire agreement between you and Loup regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the your use of the Website.

Your Comments and Concerns  

     This website is operated by Loup, LLC.

     All other feedback, comments and other communications relating to the Website should be directed to: info@loupdb.com.