Effective: July 1st, 2020
Last Updated: March 1st, 2022
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, and limit Lobbie’s liability to you and require you to indemnify us and to settle certain disputes through mediation. If you do not wish to be bound by these Terms, do not use the Service.
As a User, you are agreeing that information provided is accurate to the best of your ability, and that you will not attempt to exploit Services, extract protected or personal information in an unauthorized manner, or use such malicious technology as viruses, worms, trojans, or SQL injections. You are agreeing not to access Services with a bot, to index, or to routinely scrape information. You are agreeing to not attempt to replicate, modify, reverse engineer, resell, or share Services, software, designs, logos, documentation, or workflows with external entities other than for purposes of the Services, unless given written approval by us to do so.
As a regular part of the Services, Lobbie offers texting and email services. Providers who have registered with the Service may make use of these capabilities, provided that the method in which the communication services are used is compliant with the policies of that Provider and local law. In all forms of communication, we provide clear guidance on how to opt-out. You agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing.
You agree that Lobbie is not responsible for anything collected from a Customer or End User (End User), including, without limitation, private and/or publicly available information, data, records, text, software, music, sound, photographs, graphics, video, messages, and/or content and the like (collectively, Data) and stored in the Lobbie platform. The Lobbie Customer is considered the Data controller and owner and the Lobbie Customer has the sole responsibility for the Data.
Any Data You or the End User submit to Lobbie is at your own risk. Lobbie does not control or verify the Data submitted through the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Data. You and the End User will provide Lobbie Data that You have the right to give Lobbie. By providing Data to Lobbie, You and the End User represent and warrant that You are entitled to submit it and it complies and follows all applicable laws, rules, ordinances, regulations, contracts, third-party rights (including intellectual property rights), and standards.
You agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the Data to protect the Data from unauthorized access, destruction, use, modification, or disclosure and require the same of nonaffiliated third parties to whom You disclose Data. You agree to encrypt Data, if possible and appropriate to the nature of the Data, by rendering the Data unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security.
You agree that, should there be a breach of the security of the system by the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of Data maintained on the Lobbie Platform, You will immediately notify Lobbie and You will comply, as appropriate to the nature of the Data, with all applicable data breach laws, rules, ordinances, regulations, contracts, and standards, including, without limitation, United States federal and state laws (e.g., California Civil Code § 1798.82), PCI DSS, and this Agreement.
You may request the deletion of the Data at any time and, should You no longer be a Lobbie Customer, You agree that Lobbie shall treat any and all Data stored on the Lobbie platform as abandoned and that Lobbie may dispose of the same or arrange for the disposal of the same within its custody or control by, inter alia, shredding, erasing, or otherwise modifying or rendering the Data unreadable and/or undecipherable through any means.
You hereby grant Lobbie a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Data posted or uploaded to the Lobbie platform in order to facilitate the ordinary use of the Services.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE USED AT EXCLUSIVELY YOUR OWN RISK AND USING THEM IS YOUR OWN DECISION ON AN “AS-IS”, “AS AVAILABLE” AND WITH ALL FAULTS” BASIS, without any non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of informational content, or system integration, and freedom from computer virus. Interruptions of Service may occur for which Lobbie cannot be held liable, and restoration of Services following such an event is not guaranteed.
While Lobbie goes to great length to make sure that data displayed in Services to Users is consistent, accurate, and verifiable, we also acknowledge that representations are only as accurate as the data sources themselves and the timeliness of those sources, and as a result inaccuracies may occur and be shown in Services. Lobbie is not liable for inaccurate representations in Services.
Lobbie reserves the right to add, modify, replace, or remove functionality or content at any time at its own discretion without notice. Lobbie may discontinue services at any time completely, pursuant to the terms set forth in the “Termination” section. Information about these changes, if significant, will be made public either by notifying clients or making the information available on our website.
You agree that we may give you notices or otherwise respond to you by mail or to your email we have on file. All legal notices to us must be sent to the information in the Contact Us section below.
Jurisdiction and venue for any controversy, allegation or claim arising out of or relating to the Service or these Terms (“Dispute”) shall be in San Diego, California. Each party submits to personal jurisdiction and venue in San Diego, California for any and all purposes. You agree to discuss and hopefully resolve any Disputes before formal legal proceedings are initiated. If you have any allegation or claim arising out of or relating to the Service or these Terms you must provide a written request for mediation to the address listed in the Contact Us section. We will work together to choose a mutually agreeable mediator. Mediation costs will be split equally between the parties.
These Terms and any claim brought by you against Lobbie will be governed by, construed, and resolved in accordance with, the laws of the State of California. This section shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
Lobbie may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without prior written consent from Lobbie.
If you have any questions or concerns about this Terms & Conditions, please contact us at legal@Lobbie.com or send correspondence to the following address:
Attn: Privacy Officer
147 Gonzales Rd. #11
Santa Fe, NM 87501