terms-of-use

Loquel Standard Terms of Use    
Effective Date: November ___, 2024
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. BY ACCESSING, BROWSING, OR USING OUR WEBSITE YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL OF THESE TERMS.
PRIVACY
18100 Woodward Center, LLC d/b/a Loquel has a Privacy Policy that explains Loquel’s collection, use, processing, and disclosure of information that could be linkable or identifiable to you. To learn more about Loquel’ privacy practices, please click on the Privacy Policy link.
ELIGIBILITY
If you are under the age of 18, you may only use our Website under the direct supervision and monitoring of a parent or legal guardian. Parents and legal guardians will be solely responsible for any use of our Website by individuals under the age of 18.
ACCESS
By accessing, browsing, and using our Website, you acknowledge that you have read, understand, and agree without limitation or qualification to all the Terms of Use. These conditions govern your use of the Website but does not alter, modify, or change in any way the terms or conditions of any other agreement you may have with Loquel related to products and services. If there is a conflict between the Terms of Use and other additional agreements, such other additional agreements will control.
RESTRICTIONS ON USE OF MATERIALS
Our Website is owned, operated, licensed or controlled by Loquel. Permission is granted to display and navigate around our Website with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial use of our Website or any portion hereof is strictly prohibited.
Except as otherwise permitted by Loquel no materials from our Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on our Website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, re-post, or use the content of our Website for commercial purposes, including the text, images, audio, and video, without Loquel’s written permission. Loquel neither warrants nor represents that your use of materials displayed on our Website will not infringe on the rights of third parties not owned by or affiliated with Loquel.
This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on our Website may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice.
Copyrights
This Site and the materials within it are Loquel.  Viewing or using this Site creates a copy of Loquel’s materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.
Use License
Loquel grants you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Loquel that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Loquel relating to the sale of products or services to you through this Site, Loquel will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Trademarks
The trademarks, service marks and logos (collectively the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Loquel and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website, without the prior written permission of the Trademark owner. Loquel aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Loquel  and Loquel’s logo or the other Loquel formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Loquel.  Loquel prohibits use of its logo as part of a link to or from any site unless establishment of such a link is approved in advance by Loquel in writing. Fair use of Loquel’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Product Orders
While we will use our best efforts to fulfill all orders, Loquel cannot guarantee the availability of any particular product displayed on this Website. Loquel reserves the right to discontinue the sale of any product listed on this Website at any time without notice.
We reserve the right to limit quantities to the amount reasonable for our regular customers.
Product prices offered on this Website may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Website, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Loquel reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
For further information about purchasing products from Loquel, please read our FAQ: General Information About Products and our Product Return Policy carefully.

WARRANTY DISCLAIMER
THE MATERIALS ON OUR WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOQUEL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, BUG FREE, VIRUS-FREE, FREE OF TROJAN HORSES OR OTHER MALEVOLENT CODE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ERRORS, BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. LOQUEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON OUR WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT FROM THE USE OF THE MATERIALS ON OUR WEBSITES. WHILE LUSES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON OUR WEBSITES, ERRORS OR OMISSIONS MAY OCCUR AND LOQUEL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF OUR WEBSITES.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, WILL LOQUEL OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR WEBSITES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE MATERIALS ON OUR WEBSITES, EVEN IF LOQUEL OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
FURTHER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN OUR WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR WEBSITES.
THE ABOVE LIMITATIONS OF LIABILITY DO NOT APPLY TO RESIDENTS OF, OR USE OF OUR WEBSITE WITHIN, THE STATE OF NEW JERSEY.
INDEMNITY
You shall defend, indemnify and hold  Loquel and any of its directors, officers, employees, agents, representatives, corporate affiliates, and subsidiaries harmless from and against any and all claims, causes of action, loss, damage, liability, cost or expenses, including but not limited to attorney fees, in any way arising from or related to your misuse of our Website, any breach by you of the Terms of Use, and/or posting material on or through our Website including but not limited to any third party claim that any information or material you provide infringes on any third party proprietary rights.
PURCHASES
All purchases made on the Website are subject to the terms and conditions of the return and exchange policy as listed on the Website.

DISPUTE RESOLUTION
READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.
BY CREATING AN ACCOUNT ON THE WEBSITE, MAKING ANY PURCHASE FROM THE WEBSITE, OR ANY OTHER ACCESS OR USE OF OUR WEBSITE, YOU AND LOQUEL AGREE THAT ALL DISPUTES BETWEEN YOU AND LOQUEL WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, BREACH OF PRIVACY, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, IN ACCORDANCE WITH THE CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WHICH ARE AVAILABLE AT HTTPS://WWW.ADR.ORG/RULES.
Notwithstanding the foregoing, you and Loquel agree that either party may (i) assert claims in small claims court, if such claims qualify, or (ii) bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Before seeking arbitration, you must first send written notice of your dispute or claim to Loquel Guest Services Department to allow Loquel the opportunity to resolve your dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. You may choose to have the arbitration conducted by telephone, based on written submission, or in person. Any in person arbitration shall be brought and held in the State of Michigan. The decisions of the arbitrator shall be binding and conclusive upon all parties involved. The remedy for any claims shall be limited to actual damages, and in no event shall any party be entitled to recover indirect, consequential, exemplary, incidental, or punitive damages or have damages multiplied or otherwise increased, including attorney's fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. The arbitrator shall have the exclusive authority to resolve any challenge or dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.
YOU AND LOQUEL AGREE THAT ALL CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY BOTH EXPRESSLY WAIVE THE RIGHT TO FILE A CLAIM IN COURT AND WAIVE ANY RIGHT TO A JURY TRIAL.

CONTROLLING LAW
The Terms of Use shall be interpreted and enforced in accordance with the laws of the State of Michigan, without regard to its choice of law provisions.
JURISDICTIONAL ISSUES
Our Website is owed, operated, licensed, or controlled by Loquel from its offices within the State of Michigan, United States of America. Loquel makes no representation that materials on our Website are appropriate or available for use in other locations. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with local laws.
ACCOUNT RESPONSIBILITY
You certify that the information you provide on or through our Website is true, accurate, and complete. You are solely responsible for maintaining the confidentiality, security, and restricting the use of your account including your password and username. You agree to accept responsibility for all activities that occur on your account. Loquel is not responsible for any losses arising out of the unauthorized use of your account.

LINKS TO OTHER SITES
For your convenience, our Website may link to other third party sites that are not owned, operated, licensed, or controlled by Website.  Please be advised that Loquel does not endorse, approve, certify, warrant, or otherwise assume responsibility for any information, content, product, or service referenced or provided at such address. Thus, Loquel is not responsible for the privacy practices and terms of use of these websites. Loquel encourages you to be cognizant when you leave our website and to read the terms and conditions and privacy policy of each of the third party sites that you visit.
TERMINATION
Loquel and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion, including, without limitation, if Loquel believes that your conduct violates applicable law or is harmful to the interests of Loquel and its subsidiaries.
UPDATES TO THE TERMS OF USE
Loquel may at any time update, change, or revise the Terms of Use. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound.
SALES AND USE TAX NOTIFICATION FOR ONLINE PURCHASES - Puerto Rico
This statement is made pursuant to the enacted notification requirements in the following states: Puerto Rico. Although we, as the seller, are not obligated to collect your state's sales tax, this purchase is subject to state sales tax unless it is specifically exempt from taxation. This purchase is not exempt merely because it is made over the Internet or by other remote means. Your state, if it imposes a sales tax, requires that you report and pay the tax due on your purchases. Retailers that do not collect sales tax, including Loquel, will provide you an end-of-year summary of your purchases to assist you in reporting and paying the tax due. Details of how to file the return may be found on your state's department of revenue, division of taxation, or tax commission website. You must pay any sales and/or use tax liabilities due annually on your tax return from this transaction. Please note that we also may be required by law to provide your state's department of revenue with your name, billing and/or mailing address, shipping addresses for each product, and report of the total of all your purchases from us at the end of the year.
SEVERABILITY
Any provision of the Terms of Use which is held to be illegal or unenforceable shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions.
ENTIRE AGREEMENT
The Terms of Use represent the complete agreement and understanding between you and Loquel and supersedes all prior agreements and representations with respect to the subject matter of these Terms of Use, and shall not be constructed to create any joint partnership, joint venture, employer-employee, or agency relationship.
HOW TO CONTACT 18200 WOODWARD CENTER, LLC d/b/a/ LOQUEL
If you have questions about our Terms of Use, please contact us at the following address:
18100 Woodward Center, LLC
Attn.: Customer Service
18100 Woodward
Detroit, MI 48203