Terms and Conditions
INTRODUCTION
This website (the "Site") is owned and operated by Loka, LLC ("Loka"), the manufacturer and distributor of Loka Earth Markers and other fine products. By viewing or using our Site, you agree to these Terms and Conditions, and those promulgated by Loka from time to time. Loka reserves the right to amend, change or modify these Terms and Conditions at any time, with or without notice to you. By using the Site after we post any such changes, you hereby agree to such modified terms. If you do not agree to any of these Terms or Conditions or any changes made by Loka hereafter, you may simply exit the Site.
This Site is operated by Loka , from its offices in Seattle, Washington, USA. Loka makes no representation that the content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity, or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are Loka responsible for compliance with applicable local laws.
The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site (including product models and availability, dealer locations, artist names, etc.) is timely and accurate; however, errors appear occasionally. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Loka has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY. Any links on this Site are designed for convenience only and do not constitute an endorsement by Loka of that site, its owner or host, or the products or services offered or listed on such site.
All text, images, graphics, logos, icons, design elements, trademarks, trade dress, and other Site content, as well as the specific arrangement thereof, are Copyright © 2023, Loka 2633 Eastlake Ave E Suite: 202, Seattle, WA 98102. All rights reserved.
OWNERSHIP OF SITE CONTENT
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of Loka or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Loka and, where applicable, the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Loka grants you no express or implied rights by way of your permitted downloading of copyrighted material.
RESTRICTIONS ON YOUR USE
Your use of this Site is pursuant to a single-copy revocable license granted to you. As a condition of your use of this Site, you warrant to Loka that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by Loka . This means that you may access the Site using a browser and you may download one copy of the Site Content on a single computer for your own personal and non commercial internal use. You shall not: (a) modify the Site Content, in whole or in part; (b) use the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) decompile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the Site Content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the Site Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the Site Content.
TRADEMARKS
The trademarks, logos and any designs used or displayed on the Site are trademarks and/or service marks owned by Loka or, on occasion, used by Loka under license from another third party. Any use of trademarks, service marks, product names, and company names or logos, including the reproduction, modification, distribution, or republication of same without the prior written permission of Loka , is strictly prohibited. Other trademarks, service marks, trade names, and company logos utilized on the Site are the property of their respective owners. All rights reserved.
LINKING AND FRAMING
As a matter of policy, Loka does not permit you to create or post a link or a frame to any Loka site (including this Site) without Loka 's prior written approval. If you wish to link to the Site, please contact us at contact@lokamarkers.com to apply for permission to do so.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR RISK. NEITHER LOKA OR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Loka IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL LOKA OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN NO EVENT SHALL LOKA (INCLUDING ITS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF LOKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Loka IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CONTENT YOU POST
You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Loka 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that Loka 's discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online services, whether or not such other services are competitive with Loka . By submitting material to any public area of the Site, including but not limited to chat rooms, you automatically grant (or warrant that the owner of such material has expressly granted) Loka the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store, or reproduce the material for that user's personal use. You hereby grant Loka the right to edit, copy, publish and distribute any material made available on the Site by you. Loka shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with these Terms and Conditions or any operating rules established by Loka , and to satisfy any law, regulation or authorized government request. Loka shall have the right in its Loka discretion to edit, refuse to post, or remove any material submitted to or posted on the Site. Without limiting the foregoing, Loka shall have the right to remove, at any time and without notice to you, any material that Loka , in its Loka discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
PROMOTIONS/COUPON CODES AND SPECIAL DISCOUNTS
Only one coupon code may be redeemed per user account/per promotion.
Coupon codes cannot be used in combination with other discounts, coupons, promotions, shipping specials or other promo codes.
Coupon codes can only be redeemed online.
Each coupon is valid for a limited time only and expires on the date specified in the offer or as long as supplies last. After this date the items or discount offered cannot be claimed.
Loka reserves the right, without further notice, to modify the terms and conditions for use of coupon codes, or to suspend or cancel the program in whole or in part. Even if a coupon is accepted at check out, all orders are reviewed by our online customer service team prior to fulfillment. If orders are deemed in violation of any of these Terms and Conditions, they will be adjusted accordingly.
TERMINATION
This agreement is effective until terminated by Loka , at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement shall survive.
GENERAL TERMS
This Site, and its use, shall be governed by the substantive laws of the State of Washington and the United States of America. The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the Site, its content, these Terms and Conditions or your use of the Site shall be the state or federal courts located in the King County, Seattle, Washington. Any rights not expressly granted herein are reserved by Loka . If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of Loka to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above-stated rules represent the entire understanding between each user of the Loka Site, regarding each user's relationship with Loka and supersedes any prior statements or representations.
COMMENTS
Loka welcomes your comments. If you have questions or comments about our policies, feel free to send us an e-mail at: contact@lokamarkers.com.
PRIVACY CONCERNS
We respect the privacy of our users. We have established a separate privacy policy (accessible by a "Privacy Policy" link on the Site) that sets forth some of the Loka privacy issues, or you can contact us at contact@lokamarkers.com for more information.
All text, images, graphics, logos, icons, design elements, trademarks, trade dress, and other Site content, as well as the specific arrangement thereof, are Copyright © 2023, Loka, LLC. resides at., 2633 Eastlake Ave E Suite: 202, Seattle, WA 98102. All Rights Reserved.