Terms of Service

“Lokality Digital Archive and Tours” by Lokali.T, LLC — Last updated: August 25, 2025

1. Introduction

1.1. Acceptance of Agreement

Welcome to the Lokality Digital Archive and Tours Terms of Service (the “Agreement”). This Agreement is a legally binding agreement between you and Lokali.T, LLC. (“Lokality Digital Archive and Tours”, “Lokality”, “us”, “we” or “our”). This Agreement governs your use of the Lokality Digital Archive and Tours website, located at www.lokality.org (the “Site”), the Lokality mobile application (“Apps”), and all other services provided by Lokality to you (the Site, Apps, and all other services provided by Lokality, collectively, the “Services”). This Agreement incorporates by reference the Privacy Policy found at www.lokality.org/privacy-policy/ (the “Privacy Policy”).

BY ACCESSING OR USING OUR SERVICES, OR BY CLICKING A BUTTON INDICATING YOUR CONSENT TO THIS AGREEMENT, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE, ACCESS OR DOWNLOAD ANY OF THE SERVICES.

1.2. Age

Users of our Services must be eighteen (18) or the age of majority as defined in their jurisdiction to form a binding contract with Lokality. If you do not meet this requirement you must not use the Services.

1.3. Notice of Binding Arbitration; Waiver of Class Action

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 15.10 WHICH PROVIDES THAT YOU WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THIS SECTION 15.11 OR ARE IN A JURISDICTION IN WHICH THE COURTS WILL NOT PERMIT BINDING ARBITRATION. THIS MEANS THAT YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY. SECTION 15.12 ALSO WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS AGAINST LOKALITY. PLEASE READ THESE CLAUSES CAREFULLY.

1.4. Additional Terms

We may supplement this Agreement with additional written terms (“Additional Terms”) related to specific content, goods, or services. You will have the opportunity to review and accept these Additional Terms before use. If you reject the Additional Terms, certain services may not be available to you. In case of a conflict, the Additional Terms will control.

1.5. Modifications to the Services

Lokality reserves the right to modify or discontinue any aspect of the Services at any time. We are not liable if all or part of the Services are unavailable.

1.6. Geographic Limitations

Lokality does not guarantee the availability or suitability of the Services in any particular jurisdiction.

2. Overview of Services

2.1. Services

Through use of your devices’ GPS location information, the Services provide narrated audio tours with stories, local tips, and directions along the route. The Services are made available to you for your personal, non-commercial use only. The Services depend on accurate GPS location positioning to activate commentary triggers. If your device lacks GPS quality location positioning, certain features of the Services may not work properly.

2.2. Paid Services

Access to certain services may require a one-time purchase or a recurring payment subscription.

2.3. Access Restrictions

We reserve the right to prevent or suspend your access to the Services if you do not comply with any part of these terms and conditions or any applicable law.

3. Registration Obligations

3.1. Account Registration

To use certain functionalities and features of the Services, you must first complete the registration process to create an account (“Account”) and select and register a unique username and password (collectively, “Credentials”).

3.2. Registration Data

During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or if Lokality Digital Archive and Tours by Lokali.T, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Lokality Digital Archive and Tours by Lokali.T, LLC has the right to suspend or delete your account and refuse any and all current or future use of the Services (or any portion thereof) by you.

3.3. Responsibility for Account

Lokality Digital Archive and Tours by Lokali.T, LLC may act upon any communication that is given through your Account or by using your Credentials. Lokality Digital Archive and Tours by Lokali.T, LLC is not required to verify the actual identity or authority of a person using your Account or Credentials, but may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if it is not satisfied with the verification. If Lokality Digital Archive and Tours by Lokali.T, LLC, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then it may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible and liable for maintaining the confidentiality of your Credentials and you will be held responsible and liable for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Lokality Digital Archive and Tours by Lokali.T, LLC if you know or suspect that your Account or Credentials have been used by any other person. You shall not use an Account which is not your own. You shall not access your Account from a public or shared computer. You shall logout from your Account at the end of each session.

3.4. Phone Number

By providing Lokality Digital Archive and Tours by Lokali.T, LLC with your phone number, your consent to receive calls and text-messages (SMS) from Lokality Digital Archive and Tours by Lokali.T, LLC and regarding the Services. Standard rates apply. Subject to reasonable processing times, you may opt-out of these communications by using the unsubscribe mechanism provided to you.

3.5. Responsibility for Expenses

You are solely responsible and liable for all costs, expenses, and liabilities related to your access, use, and receipt of the Services, including internet costs.

3.6. Device Limitations

Lokality Digital Archive and Tours by Lokali.T, LLC does not warrant that the Services will work on all devices. You are solely responsible and liable for obtaining and maintaining compatible devices necessary to access and use the Services, as updated from time to time.

3.7. Suspension or Deletion of Account

Lokality Digital Archive and Tours by Lokali.T, LLC may at any time and from time to time, suspend or delete your Account, and any user name, password, or other identifier used by you, for any or no reason, including for any violation of any provision of this Agreement.

4. Use of Content and Software

4.1. Reservation of Rights

The Services and Content and all intellectual property rights in the Services and Content are owned by us or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

4.2. Use of Content and Software

The content contained on the Services, such as text, graphics, images, audio, video and other material (collectively, the “Content”), is protected by copyright, trademark and other such intellectual property laws in Canada, the United States and foreign countries, and is owned or controlled by Lokality Digital Archive and Tours by Lokali.T, LLC or by third parties that have licensed their Content to Lokality Digital Archive and Tours by Lokali.T, LLC. Unauthorized use of the Content by you may violate copyright, trademark, and other intellectual property laws. Where the Services are configured to enable the download of Content, Lokality Digital Archive and Tours by Lokali.T, LLC grants you a limited, revocable, non-exclusive license to download one copy of such Content to a single device for your personal, noncommercial use only, provided that you:

  1. maintain all copyright and other proprietary notices contained in the original Content;
  2. without prior written permission from Lokality Digital Archive and Tours by Lokali.T, LLC in each instance, not sell, manipulate, modify, reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble or otherwise use the Content in any way for any public or commercial purpose, or any purpose outside of the ordinary intended purpose for which such Content was provided to you;
  3. do not use the Content in a manner that suggests an association with any of our products, services or brands; and
  4. do not otherwise use the Content in a manner that is contrary to this Agreement.

4.3. The App

Subject to and conditional on your compliance with all terms and conditions set forth in this Agreement, Lokality Digital Archive and Tours by Lokali.T, LLC hereby grants you a revocable, non exclusive, non-transferable, non-sublicensable, limited license to use the App on your mobile device for your personal, non-commercial purposes in the manner permitted by this Agreement. The license in the preceding sentence does not include use by any third-party and you shall not permit any such use.

4.4. Third-Party Materials Contained in the App

The App may include software, content, data or other materials, including related documentation, that are owned by persons other than Lokality Digital Archive and Tours by Lokali.T, LLC (“Third-party Materials”) and that are provided to you on license terms that are in addition to and/or different from those contained in this Agreement (“Third-party Licenses”). You are bound by and shall comply with all Third-party Licenses. Any breach by you of any Third-party License is also a breach of this Agreement.

4.5. Open Source Components

Notwithstanding Section 4.3, you acknowledge that certain components of the App may contain components licensed under “open source” software licenses, which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation, any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format (such component, “Open Source Components”). A list of the Open Source Components and their corresponding open source licenses will be available through the App under the “About Us & Legal” section of our App. To the extent required by the applicable open source licenses covering the Open Source Components, your use of the Open Source Components will be subject and governed by the terms and conditions of the applicable open source licenses. To the extent the terms of licenses applicable to Open Source Components prohibits any of the restrictions in this Agreement with respect to such Open Source Component, such restrictions will not apply to such Open Source Component. To the extent the terms of the license applicable to the Open Source Components require Lokality Digital Archive and Tours by Lokali.T, LLC to provide you with source code for such Open Source Components, such offer is hereby made, and you may exercise such offer by contacting Lokality Digital Archive and Tours by Lokali.T, LLC at info@lokality.co. You hereby confirm that you have received all required license notices for Open Source Components included in your initial download of the App.

4.6. Updates

The App and software made available through the Services may automatically download and install updates from Lokality Digital Archive and Tours by Lokali.T, LLC or the licensors of the software, from time to time. These updates may include bug fixes, patches, new or improved functions and features, or new versions of the App or software. You consent to receiving such updates and authorize Lokality Digital Archive and Tours by Lokali.T, LLC or our licensors to deliver these updates to you without any additional notice. Lokality Digital Archive and Tours by Lokali.T, LLC and its third-party licensors are under no obligation to provide updates. Any updates provided by Lokality Digital Archive and Tours by Lokali.T, LLC in respect of the App are deemed to be part of the App.

4.7. Restrictions on Software Rights

Copies of the App or other software created or transferred pursuant to this Agreement are licensed, not sold, and you receive no title to or ownership of any copy or of the App or other software itself. Furthermore, you receive no rights to the App or software other than those specifically granted in Sections 4.3 to 4.5 above. Without limiting the generality of the foregoing, you shall not use the App in a manner contrary to Section 5. Lokality Digital Archive and Tours by Lokali.T, LLC and its third-party licensors reserve and will retain their respective entire right, title, and interest in and to the App and all intellectual property rights arising out of or relating to the App, except as expressly granted to you under this Agreement.

4.8. Disclaimer of Warranties

Software made available through the Services is warranted only to the extent expressly provided in the terms of this Agreement or, if an end-user license agreement is included with the software, the software’s applicable end-user license agreement. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to such software, including all implied warranties and conditions of satisfactory quality, freedom from defects, merchantability, non-infringement, and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such software exceed the limitations of liability in the applicable end-user license agreement, or in all other cases the amount you paid us for the relevant software.

4.9. Export Restrictions

The App and other products licensed or sold under this Agreement may be subject to the export control laws of Canada, the United States, and other jurisdictions. You are responsible for ensuring your compliance with such laws. You shall not, and shall not permit any other person to, download, export, re-export, or release, directly or indirectly, the App into any country, jurisdiction, or to any person to which the download, export, re-export, or release of the App is prohibited by applicable law. By downloading or using the App, you represent and warrant that you are:

  1. not located in, under the control of, or a national or resident of any such country or jurisdiction; and
  2. not any such person.

4.10. App Stores

When you download or access the App from a source that is not directly Lokality Digital Archive and Tours by Lokali.T, LLC (such as the Apple App Store or Google Play Store) (such source, the “App Distributor”), you acknowledge and agree that:

  1. the App Distributor is not a party to this Agreement;
  2. the App Distributor has no responsibility to provide you with any maintenance, support, or updates to the App, except as otherwise agreed in writing by the App Distributor;
  3. the App Distributor has no liability to you for any liabilities, losses, damages, costs, or expenses caused by the App, except as otherwise agreed in writing by the App Distributor; and
  4. the App Distributor’s terms and conditions, and privacy policy, might apply to you.

Lokality Digital Archive and Tours by Lokali.T, LLC is not a party to such terms and conditions or privacy policy.

4.11. Marks

The trademarks, logos and service marks (the “Marks”) displayed on the Services, and which may be included with the Content, are owned by Lokality Digital Archive and Tours by Lokali.T, LLC or third-party licensors. Except as expressly contemplated herein, you are prohibited from using such Marks without prior written permission from Lokality Digital Archive and Tours by Lokali.T, LLC or such applicable third party in each instance. For certainty, Lokality Digital Archive and Tours by Lokali.T, LLC retains all right, title and interest in and to the Content and the Marks. Your use under limited license of the Content and Marks must strictly comply with the terms of this Agreement.

5. Use of the Services

5.1. Prohibited Conduct

You shall not, and shall not permit any other person to, use the Services, your Account, or any Content except as expressly permitted by this Agreement and, in the case of Third-party Materials, the applicable third-party license agreement governing use of such Third-party Materials (if any). Without limiting the generality of the foregoing, you shall not, except as this Agreement expressly permits:

  1. copy, modify, redistribute, “rip”, record, transfer, rent out, stream, lease, transmit, resell, perform, publicly display, broadcast, make available to the public, or create derivative works or improvements of, or otherwise exploit or commercialize the Services or Content;
  2. transfer cached copies of the Content from the device in which the App is installed to any other device;
  3. access or use the Content through any software or means other than the Services;
  4. use the Services with other persons, products or services, or in connection with any real-time navigation, autonomous vehicle control systems, or guided tour;
  5. make available any service or Content to any person, freely or for a fee, except as expressly provided for in this Agreement;
  6. reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or Content;
  7. bypass or breach any security device or protection used by the Services or Content;
  8. use the Services for the purposes of competitive analysis of the Services;
  9. use the Services to develop a competing product or service, or to copy any ideas, information, features, functions or graphics of the Services;
  10. use the Services to create or augment any other tour-guide service or similar service;
  11. introduce or otherwise provide to or through the Services any information or materials that are unlawful or injurious, or that contain, transmit or activate any Harmful Code;
  12. damage or otherwise impede or harm in any manner the Services or Lokality Digital Archive and Tours by Lokali.T, LLC’s provision of services to any third party;
  13. remove, delete, alter or obscure any intellectual property or proprietary rights notices from the Services or Content;
  14. access or use the Services or Content in any manner that infringes or violates any intellectual property right, privacy right, or other right of any third party, or that violates any applicable Law;
  15. otherwise access or use the Services or Content beyond the scope of the authorization granted under this Agreement;
  16. use the Services in violation of any Law or to facilitate violation of a Law;
  17. use the Services for a tortious purpose, or to facilitate any tortious activity;
  18. use the Services to harass, inconvenience, annoy, cause nuisance, occasion violence on any person, or cause property damage;
  19. threaten, defraud, stalk, or harm any person while using the Services;
  20. use the Services unless doing so is lawful in your jurisdiction;
  21. access or attempt to access any Account other than your own;
  22. impersonate any person or entity or misrepresent your affiliation with any person or entity;
  23. submit misleading, false, inaccurate, or fraudulent information through the Services;
  24. make unproven medical or health claims through the Services;
  25. seek medication, supplements, or psychoactive substances through the Services;
  26. take any action that would damage the reputation, goodwill, or public image of Lokality Digital Archive and Tours by Lokali.T, LLC or the Services;
  27. suggest that Lokality Digital Archive and Tours by Lokali.T, LLC endorses any product, service, or business without express written permission;
  28. use scrapers, indexing tools, or bots for data mining on the Services;
  29. use bots or automated processes on the Services;
  30. mirror, frame, or link to any part of the Services;
  31. collect, use, or disclose personal information about users, including email addresses, without their consent;
  32. violate any applicable data protection or privacy laws.

5.2. Responsible Use

WITHOUT LIMITING SECTION 5.1, YOU ARE PROHIBITED FROM USING THE SERVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, CANNABIS, CONTROLLED SUBSTANCES, PSYCHOACTIVE SUBSTANCES, OR IN ANY MANNER THAT MAY DISTRACT YOU FROM THE ROAD OR THAT IS DANGEROUS. YOU MUST NOT USE THE SERVICES IN ANY WAY CONTRARY TO OR INCONSISTENT WITH ANY APPLICABLE LAW, INCLUDING DISTRACTED DRIVING LAWS WHICH PROHIBIT HOLDING OR OPERATING ELECTRONIC DEVICES WHILE DRIVING. YOU MUST BE AWARE OF AND COMPLY WITH LOCAL LAWS IN YOUR JURISDICTION.

6. Accuracy of Information and Availability of the Services

6.1. Reliance on Content

While Lokality Digital Archive and Tours by Lokali.T, LLC uses reasonable efforts to include accurate and up-to-date content and materials on the Services, neither we nor our licensors make any representation, warranty, or promise (whether expressly or impliedly) that any content or materials are or will remain available, accurate, complete, or up to date, or that they are free from bugs, errors, or omissions, or suitable for any particular purpose. We recommend that you independently verify the accuracy of any content or materials found on the Services. Any reliance you place on such content is strictly at your own risk. We may suspend or discontinue the Services, or any portion thereof, at any time and without notice. The information provided on the Services is for general informational purposes only and does not constitute professional advice.

6.2. Availability of Services

We do not guarantee continuous or uninterrupted access to the Services. The Services may become unavailable due to maintenance, updates, technical issues, or other reasons at our sole discretion.

7. Hyperlinks and Third-Party Sites

7.1. Third Party Websites

The Services may contain hyperlinks or references to third-party websites not operated by Lokality Digital Archive and Tours by Lokali.T, LLC. These hyperlinks are provided for your convenience only. We do not control or endorse any such third-party websites and are not responsible or liable for any content, materials, or information found on those websites. Access to and use of such websites are subject to the terms and conditions and privacy policies of those third parties. Your use of third-party websites is entirely at your own risk.

7.2. Third Party Content

The Services may include content provided by third parties, including other users or licensors. All statements, information, and opinions expressed in third-party content are solely those of the respective contributors and do not necessarily reflect the views of Lokality Digital Archive and Tours by Lokali.T, LLC. We do not endorse or verify any third-party content, and we are not responsible or liable for its accuracy, legality, or appropriateness.

8. Fees & Payment

8.1. Prices

All prices, discounts, and promotions posted on the Services or in any promotional materials are subject to change without notice. The price charged for a product or service will be clearly stated on the Services and confirmed in your purchase confirmation. Posted prices do not include taxes, which will be added to your total. Although we strive to provide accurate pricing, errors, inaccuracies, or omissions may occur. We reserve the right to correct such errors and to cancel or refuse any order resulting from such inaccuracies.

8.2. Fees

Some Services are only available upon payment of a fee. Lokality Digital Archive and Tours by Lokali.T, LLC does not directly administer the collection or refund of these fees if the transaction is processed through a third-party marketplace. All fee-related disputes must be addressed to the applicable third-party distributor, such as an app store provider. You agree to pay all applicable charges and taxes associated with your purchases.

8.3. In-App Purchases

Purchases made through the mobile app may be processed by third-party distribution platforms such as Apple App Store or Google Play. These transactions are subject to the terms and conditions and privacy policies of the applicable platform. If you encounter payment issues, you must contact the respective platform directly.

8.4. Purchases Final

Except as expressly provided in this Agreement, all purchases and payments are final. Returns, replacements, or refunds are not permitted unless required by law or specifically allowed under our refund policy. In cases of technical issues or non-delivery of digital tour content, you may request a refund within 30 days of purchase, subject to our support team’s evaluation.

8.5. Data Compliance and Privacy

Lokality Digital Archive and Tours by Lokali.T, LLC complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), where applicable.

  • Data Collection: We collect only necessary personal data such as name, email, location data, and payment details to provide and improve our Services.
  • Usage: Your data is used to deliver services, process transactions, and communicate service-related updates.
  • User Rights: You have the right to access, correct, delete, or restrict the processing of your personal data. You may opt out of marketing communications at any time.
  • Third-Party Services: We do not sell personal data. Limited data may be shared with vendors for service delivery purposes.
  • Data Security: We employ industry-standard measures to protect your personal data from unauthorized access or misuse.

For more detailed information, please refer to our Privacy Policy.

9. Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, LOKALITY DIGITAL ARCHIVE AND TOURS BY LOKALI.T, LLC DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR:

  • (A) ALL DECISIONS YOU MAKE IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT;
  • (B) ANY ACTIONS OR OMISSIONS TAKEN BASED ON SUCH USE;
  • (C) RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES;
  • (D) ANY INTERACTIONS, TRANSACTIONS, OR SERVICES YOU ENGAGE IN AS A RESULT OF USING THE SERVICES.

THE SERVICES ARE NOT INTENDED TO REPLACE YOUR OWN JUDGMENT OR PROFESSIONAL ADVICE.

10. Limitation of Liability

10.1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOKALITY DIGITAL ARCHIVE AND TOURS BY LOKALI.T, LLC, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE CONTENT, UNDER ANY LEGAL THEORY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY OF THE FOLLOWING:

  • (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFITS;
  • (B) INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES;
  • (C) LOSS OR CORRUPTION OF DATA, OR BREACHES OF SYSTEM SECURITY;
  • (D) INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THEY WERE OTHERWISE FORESEEABLE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.2. Dollar Cap

WITHOUT LIMITING THE ABOVE, IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF:

  • (A) THE AMOUNT PAID BY YOU TO LOKALITY DIGITAL ARCHIVE AND TOURS BY LOKALI.T, LLC IN THE TWO MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR
  • (B) TEN U.S. DOLLARS ($10.00 USD), IF NO FEES WERE PAID.

11. Assumption of Risk; Warnings

11.1. Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT OPERATING A MOTOR VEHICLE IS INHERENTLY DANGEROUS AND INVOLVES RISKS INCLUDING INJURY, DEATH, AND PROPERTY DAMAGE. BY USING THE SERVICES OF LOKALITY DIGITAL ARCHIVE AND TOURS BY LOKALI.T, LLC, YOU ASSUME FULL RESPONSIBILITY FOR:

  • (A) OPERATING A VEHICLE WHILE ACCESSING THE APP OR SERVICES;
  • (B) THE USE OF THE APP WHILE DRIVING OR TRAVELING;
  • (C) PROGRAMMING OR REPROGRAMMING THE APP ONLY WHILE PARKED;
  • (D) YOUR OWN CONDUCT AND SAFETY AND THAT OF OTHERS AROUND YOU WHILE USING THE SERVICES.

THE APP IS DESIGNED TO BE USED IN A MANNER THAT DOES NOT DISTRACT YOU WHILE DRIVING. YOU ARE RESPONSIBLE FOR COMPLYING WITH LOCAL LAWS AND USING GOOD JUDGMENT IN ALL CASES.

11.2. Caution

THE SERVICES MAY PROVIDE INFORMATION OR RECOMMENDATIONS ABOUT TOURIST LOCATIONS, BUSINESSES, OR DESTINATIONS. SUCH CONTENT IS FOR GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE AN ENDORSEMENT OR GUARANTEE BY LOKALITY DIGITAL ARCHIVE AND TOURS BY LOKALI.T, LLC.

YOU ARE RESPONSIBLE FOR:

  • VERIFYING THE ACCURACY AND SAFETY OF ANY RECOMMENDATIONS;
  • DETERMINING WHETHER TO VISIT OR ENGAGE WITH ANY LOCATION OR SERVICE;
  • FOLLOWING LAWS, POSTED RULES, AND PROPERTY RIGHTS;
  • USING THE SERVICES WITH YOUR OWN SOUND JUDGMENT.

LOKALITY IS NOT LIABLE FOR ANY INCIDENTS, ACCIDENTS, TRESPASSING, INJURY, OR OTHER HARM THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICES OR YOUR PARTICIPATION IN ACTIVITIES MENTIONED THEREIN.

12. Indemnity

12.1. Indemnity by You

You agree to defend, indemnify, and hold harmless Lokality Digital Archive and Tours by Lokali.T, LLC and its affiliates, and each of their officers, directors, employees, and agents, from and against any and all claims, losses, damages, obligations, liabilities, actions, suits, proceedings, demands, expenses (including legal fees), or costs arising out of or relating to:

  • (a) your use or misuse of the Services, the App, Content, or other materials;
  • (b) your negligence, willful misconduct, or breach of this Agreement;
  • (c) any injury, death, or property damage caused by your acts or omissions while using the Services;
  • (d) any violation by you of applicable laws or regulations.

Lokality Digital Archive and Tours by Lokali.T, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Lokality in asserting any available defenses.

12.2. Survival

Your indemnification obligations under this Section will survive the termination of this Agreement and your use of the Services.

13. Reliance

13.1. Reliance

You acknowledge and agree that Lokality Digital Archive and Tours by Lokali.T, LLC has entered into this Agreement in reliance upon the limitations of liability, disclaimers, and indemnities stated herein, which form an essential basis of the Agreement between you and us.

These limitations and disclaimers:

  • Allocate the risk between the parties;
  • Have been considered in the pricing and availability of the Services;
  • Are integral to the ability of Lokality Digital Archive and Tours by Lokali.T, LLC to provide the Services.

You agree that the provisions of this Agreement that limit liability, disclaim warranties, or provide indemnity are fundamental and will survive and continue to apply even in the event of:

  • A fundamental breach of this Agreement;
  • The failure of any exclusive remedy;
  • Termination or expiration of this Agreement.

14. U.S. Government Restricted Rights

14.1. Restricted Rights

The App and any related documentation provided by Lokality Digital Archive and Tours by Lokali.T, LLC are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to applicable Federal Acquisition Regulation (“FAR”) and Department of Defense FAR Supplement (“DFARS”) provisions.

Any use, modification, reproduction, release, performance, display, or disclosure of the App and related documentation by the U.S. Government will be governed solely by the terms of this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement.

By accepting or using the App or documentation, the U.S. Government agrees that:

  • (a) The software is commercial in nature;
  • (b) The use is governed solely by the terms of this Agreement;
  • (c) No additional rights are granted except as explicitly stated in this Agreement.

15. General

15.1. Entire Agreement

This Agreement, together with our Privacy Policy (incorporated by reference), constitutes the entire agreement between you and Lokality Digital Archive and Tours by Lokali.T, LLC with respect to the Services. It supersedes all prior or contemporaneous understandings, agreements, negotiations, and communications, whether oral or written.

15.2. Amendment

We may modify or update this Agreement from time to time. When we do, we will revise the “Last Updated” date at the top of this document. Any continued use of the Services after the posting of an amended Agreement shall constitute your acceptance of the revised terms.

15.3. Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, labor strikes, government actions, power failures, or internet service interruptions.

15.4. Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may freely assign this Agreement.

15.5. Non-Waiver

Any failure by us to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

15.6. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.7. Survival

Provisions that by their nature should survive termination (e.g., disclaimers, limitations of liability, indemnities, governing law, etc.) shall survive termination of this Agreement.

15.8. Language

This Agreement is written in English. If translated into another language, the English version shall prevail.

15.9. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Rhode Island, USA, without regard to its conflict of laws principles. You agree to the exclusive jurisdiction of the courts located in Rhode Island.

15.10. Arbitration

If a dispute arises and cannot be resolved through informal discussion, it shall be resolved by binding arbitration administered by the Vancouver International Arbitration Centre (VanIAC) under its rules. The place of arbitration will be Rhode Island. The language will be English. The proceedings shall remain confidential. The parties waive any right to appeal and agree to final, binding resolution.

15.11. Opt-Out

You may opt out of arbitration within 30 days of accepting this Agreement by sending a written notice to Lokali.T, LLC, 32 Mallard Cove, Barrington, Rhode Island 02806, containing your name, address, phone, and email, and stating you wish to opt out of arbitration.

15.12. Waiver of Class Action and Jury Trial

You waive any right to participate in class actions or jury trials related to any dispute arising from this Agreement.

16. Representations and Warranties

16.1. User Acknowledgment

You acknowledge and agree that Lokality Digital Archive and Tours by Lokali.T, LLC is not responsible for any risks, hazards, or consequences you may encounter while using the Services. These may include, but are not limited to, environmental and natural hazards, road or trail conditions, traffic, accidents, delays, or interactions with individuals or wildlife.

16.2. No Safety Guarantee

Lokality Digital Archive and Tours by Lokali.T, LLC provides informational and entertainment content through its Services but does not assume responsibility for your safety or decision-making. You agree to remain fully aware of your surroundings and to take appropriate precautions when using the Services.

16.3. No Warranties

Lokality Digital Archive and Tours by Lokali.T, LLC makes no representations or warranties, express or implied, about:

  • The accuracy, reliability, completeness, or timeliness of the content;
  • The availability or functionality of the Services;
  • The suitability of the Services for any particular purpose.

16.4. User Responsibility

You are solely responsible for ensuring that your use of the Services complies with local laws, safety practices, and your own best judgment. You must use the Services only in lawful and safe ways, and you agree not to use the Services in a way that distracts you or endangers others.