Terms of Service


This website is owned by Emerge First, LLC and its affiliates ("LoopDesk").  Please read these Terms of Service carefully as they contain important, legally binding rights and obligations regarding your use of this website.

1.   Acceptance of Terms
The LOOPDESK™ Business Networking Services ("Service") found at www.loopdesk.com ("Site") provides businesses with an on-line networking community that connects business owners and executives through networks of businesses across the world. By accessing the Site and by using the Service in any way, you are agreeing to a binding contract with LoopDesk, and you are specifically agreeing to comply with the following Terms of Service ("Terms").  In addition, when using particular Site Service, you agree to abide by any applicable posted guidelines for such Service, which may change from time to time.  It is your responsibility to review the posted guidelines.  Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

2. Eligibility
You understand that the Site and Service is intended for businesses and business networking.  You represent and warrant that you (a) are a business owner, officer, executive, partner, or you have been authorized by one of the foregoing to represent the business on the Site; (b) are not under the age of 18; (c) have not previously been suspended or removed from LoopDesk; (c) are not a direct competitor of LoopDesk; and (d) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.  Use of this Site or the Service is void where prohibited.

3.  Registration Agreement and Information
To use the Site, you must register to receive FREE unlimited access to all features.  There is one registration per person, per business, unless otherwise approved in writing by LoopDesk . Members are allowed to create multiple accounts for multiple businesses, but a unique email address/login is required for each membership.  Your email address will be your username and it must be unique and valid.  If it is found that one email address is used for multiple accounts, all accounts may be deleted.  If your email address goes invalid, your account may be deleted.  You are responsible to keep your account up to date.  Email addresses deemed to be in poor taste can and will be deleted at the discretion of LoopDesk.  You may terminate your membership at any time, for any reason by following the instructions on the member account page.

4.  Fees(Advertising)
By registering as a member, you receive FREE unlimited access to LoopDesk and all of its features.  LoopDesk offers multiple advertising packages to members which include corresponding fees.  By advertising on LoopDesk, you agree to the following terms in regards to the applicable fees. 

LoopDesk reserves the right to waive any fees or offer promotional fees to any member at any time, with or without offering the same to other members.  Prices for advertising services are in U.S. dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement.  If you purchase advertising services , you agree to pay, using a valid credit card (or other form of payment that we may accept from time to time), the applicable fees and taxes (if any) set forth in the advertising package that you accepted.  We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period.  All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to LoopDesk for any reason, LoopDesk reserves the right to either suspend or terminate your access to advertising services and/or the Site.  All fees relating to advertising services are non-refundable.

Upon registration on LoopDesk, your FREE membership, will grant immediate and unlimited access to all LoopDesk features. All memberships are eligible as long as LoopDesk.com is active. If you cancel your membership, you will immediately lose access to all features on LoopDesk and rejoining would require a new subscription.

5.  Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (collectively, "Content") posted on, transmitted through, or linked from the Service, express only the views of the author of the message and does not necessarily reflect the view of LoopDesk.  Neither LoopDesk, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted as Content.  Posting any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any law is prohibited, including, without limitation, posting any Content subject to another’s copyright, trademark, patent or other intellectual property.  LoopDesk exercises no control over any Content you or others submit while using the Service.  LoopDesk has no obligation to verify the identity of any users of the Site or to review or oversee the Content which has been provided by users of the Site. LoopDesk may review profiles for accuracy of business information and reserves the right to remove content that is incorrect or entered improperly. By agreeing to these terms, you agree to allow LoopDesk to promote your articles, events, classifieds, and blog feeds in other medias. We do this to increase your business exposure and members can change these settings when creating an article, event, classified or blog feed.  

Although the purpose of the Site is to create business relationships and foster networking among its members, you may not transmit any chain letters, junk email or "spam" to other members. Any member of LoopDesk that “spams” other members of the Site will have their membership cancelled and be blocked from rejoining LoopDesk at a later date.  Although LoopDesk cannot (and does not) monitor the conduct of its members off the Site, it is also a violation of these rules to use any information obtained from the Site’s Service in order to harass, abuse or harm another person, or in order to advertise to, solicit, or sell to any member without their prior consent.

You are entirely responsible for all Content that you post, email or otherwise make available via the Service.  You understand that LoopDesk does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of the Site.  LoopDesk makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will LoopDesk be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.  You acknowledge that, while LoopDesk does not pre-screen or approve Content, LoopDesk shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

6.  Privacy and Information Disclosure
LoopDesk has established a Privacy Policy to explain to users how their information is collected and used.  Your use of the Site or the Service signifies acknowledgement of an agreement to our Privacy Policy.  You further acknowledge and agree that LoopDesk may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of LoopDesk, its users and/or the general public.

7.  Conduct
As a condition to using the Service, and without limiting the generality of anything contained in these Terms, you specifically agree as follows:

(a)  You agree to do the following:

  • comply with all applicable laws, including, without limitation, copyright and trademark laws, export control laws and government and regulatory requirements; and
  • provide accurate and up-to-date information to us; and
  • comply with these Terms, the Privacy Policy and all other rules; and
  • comply with all notices sent to you regarding the Service.

 

(b)  You agree not to post, email, or otherwise make available Content:  

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that impersonates any person or entity, including, but not limited to, a LoopDesk employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person’s explicit consent.
  • that provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18
  • that is false, deceptive, misleading, deceitful, miss-informative, or constitutes "bait and switch,"
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • that constitutes or contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Site that are not designated for such purposes; or (2) emailed to LoopDesk users who have requested not to be contacted about other Service, products or commercial interests.
  • that advertises any illegal Service or the sale of any items the sale of which is prohibited or restricted by applicable law.
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

 

(c)  Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • stalk or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g.archive.org); or
  • attempt to gain unauthorized access to LoopDesk’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site,

 

8.  Limitations on Service
You acknowledge that LoopDesk may establish limits concerning use of the Service, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.  You agree that LoopDesk has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.  You acknowledge that LoopDesk reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that LoopDesk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9.  Termination of Service
You agree that LoopDesk, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LoopDesk believes that you have acted inconsistently with the letter or spirit of the Terms.  Further, you agree that LoopDesk shall not be liable to you or any third party for any termination of your access to the Service.  You have the right to terminate your membership at any time by following the instructions on the member account page.

10.  Dealings with Individuals
If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that LoopDesk is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release LoopDesk, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Service or the Site.

11.  Proprietary Rights
The Service is protected to the maximum extent permitted by trademark laws, copyright laws and international treaties.  Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.  Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work is prohibited.  Copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is prohibited.  You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.  Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.  LOOPDESKtm and all LoopDesk graphics, logos, designs, page headers, button icons, scripts and service names are service marks, trademarks or trade dress of LoopDesk and may not be copied, imitated or used, in whole or in part, without the prior written permission of LoopDesk.  

You retain all ownership rights to your Content.  You are free to use your Content online or offline in any manner you choose at any time.   When you publish your Content on the Site, you grant LoopDesk a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free license to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, use and commercialize, in any way, any Content or other material that you submit to us.  By submitting Content, you represent and warrant that such Content is true and correct and the submission of such Content does not violate any contractual rights of any third party (including, without limitation, confidentiality restrictions, intellectual property rights, etc.).  You agree to keep all Content current and up to date and ensure that by the passage of time or the occurrence (or non-occurrence) of any other event, none of the Content violates or will violate any of the restrictions or covenants found in these Terms. 

12.  Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE AND ANY LINKED SITE IS AT YOUR OWN RISK.  THIS SITE (INCLUDING ALL CONTENT, SERVICE AND FUNCTIONS) ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW WITH REGARD TO THE CONTENT ON THIS SITE, LOOPDESK DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (A) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE ON OR THROUGH THE SITE; AND (B) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OF YOUR PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE.  THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

LOOPDESK DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICE OFFERED THROUGH THE SITE.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.  LOOPDESK IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY PART OF THE SITE.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO LOOPDESK’S OWN NEGLIGENCE, WILL LOOPDESK BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, EVEN IF LOOPDESK OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  YOUR SOLE AND EXCLUSIVE REMEDY AGAINST LOOPDESK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS AN AGREED UPON CONDITION OF YOUR USE.

LOOPDESK DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF ANY PERSONS SUBSCRIBING TO THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHERS.  ANY CONTENT OR OTHER INFORMATION YOU POST ON THE SITE IS AT YOUR SOLE RISK.

If, notwithstanding the other provisions of these Terms, LoopDesk is found to be liable to you for any damages or losses that arise out of or are in any way connected with your use of the Site or any Content, LoopDesk’s liability shall in no event exceed US$100.00.

The above disclaimer applies to any losses, damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. LoopDesk reserves the right, but is not obligated, to do any of the following, at any time, without notice:

  • Modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
  • Modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
  • Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.

 

13.  Copyright
We respect the intellectual property rights of others and we prohibit users from posting on the Site or using the Service to violate another party's intellectual property rights.  When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and take other actions as we deem appropriate (including termination of membership) as set forth in these Terms or as provided in the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA").
If you are a copyright owner and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing the following:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the infringing material and information reasonably sufficient to permit LoopDesk to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Copyright claims may be reported by clicking here and completing the DMCA Report Form.  Alternatively, you can send an email to info@loopdesk.com (with the subject line:  COPYRIGHT) and include all the required information as set forth above.  If you believe that your Content was removed by mistake, you may file a DMCA Counter Notice by sending the information required under the DMCA to info@loopdesk.com (with the subject line:  COPYRIGHT). 
If you believe any other intellectual property right of yours has been infringed by any Content posted on the site, please click here and provide us with a detailed explanation of such alleged infringement and we will promptly investigate.
In accordance with the Digital Millennium Copyright Act and other applicable law, LoopDesk has adopted a policy of terminating, in appropriate circumstances and LoopDesk’s sole discretion, members who are deemed to be repeat infringers.  LoopDesk may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14.  Indemnity
You agree to indemnify and hold LoopDesk, its officers, subsidiaries, affiliates, successors, assigns, members, governors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of (a) Content you submit, post or make available through the Service or the Site, (b) your use of the Service, (c) your violation of the Terms, (d) your breach of any of the representations and warranties herein, (e) your violation of any rights of another, or (f) any activity in which you engage on the Site or using the Service.

15.  Violations of Terms
Please report any violations of the Terms, by flagging the posting(s) for review, or by clicking here and completing the appropriate form.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

16.  Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflict of laws provisions. 

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, in accordance with the rules of the American Arbitration Association, to be held in Minneapolis, Minnesota.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.

17.  General
The Site is administered by LoopDesk from its location in Oakland, California, USA; other LoopDesk hosted sites may be administered and operated from various other locations.  Although the Site is accessible worldwide, not all features, products or Service discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use in all areas.  LoopDesk reserves the right to limit, in its sole discretion, the availability and quantity of any feature, product or service to any person or geographic area.  Any offer for any feature, product or service made on the Site is void where prohibited.  If you choose to access the Site from outside the United States, you do on your own initiative and you are solely responsible for complying with applicable local laws.

The Terms constitute the entire agreement between you and LoopDesk and govern your use of the Service, superseding any prior agreements between you and LoopDesk.  LoopDesk reserves the right to modify, supplement or replace these Terms at any time, and from time to time, by posting new Terms to the Site.  The failure of LoopDesk to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms so that these Terms shall remain in full force and effect.  These Terms constitute the entire agreement between you and LoopDesk with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and LoopDesk with respect to such use are hereby superseded and cancelled.  LoopDesk’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by LoopDesk of any provision or any right LoopDesk has to enforce these Terms.