Effective Date: October 1, 2017
Welcome to Loconomics.
These Terms of Service (“Agreement”) contain the terms on which Loconomics Cooperative, Inc. (“Loconomics” or “Loconomics Cooperative”), a California Consumer Cooperative Corporation, offers you access to www.loconomics.com, an internet platform (”Website") and mobile application (“Loconomics Application”). Loconomics Cooperative owns and operates this Website, the Loconomics Application, the mobile and touch versions of the Website, and any individual websites or service-professional-specific, city-specific, or other area-specific websites we have now or in the future. The Loconomics Application, the Website, and links contained within or otherwise available through external hyperlinks within or directed to our Website or the Loconomics Application, and various services provided by Loconomics or third parties will be collectively referred to as the “Loconomics Service.”
By using the Loconomics Service, you agree to this Agreement with Loconomics. It is important that you understand the Agreement, because the Agreement governs your relationship with Loconomics as well as transactions made with third parties using Loconomics.
This Agreement includes:
- a) Your agreement that the Loconomics Service is provided “as is” and without warranty (Section 21).
- b) Your agreement that Loconomics has no liability regarding the Services scheduled through the Loconomics Service (Section 20).
- c) Your consent to release Loconomics from liability based on claims between Users (Section 17).
- d) Your agreement to indemnify Loconomics from claims due to your use or inability to use the Loconomics Service or content submitted to the Loconomics Service in connection with your account or profile (Section 22).
- e) Your consent that either party has the right to compel arbitration (Section 18).
- f) Your consent that no claims can be adjudicated on a class basis (Section 18).
This Agreement is effective on October 1st, 2017 for current users, and upon acceptance for new users.
2. Use of the Loconomics Service
You are responsible for all equipment required to access the Loconomics Service, including but not limited to, a properly-configured computer or smartphone with Internet access, any required software such as a properly-configured Internet browser or mobile application, and any other equipment needed to use the Loconomics Service.
Only persons who are 18 years old or older may become a User of the Loconomics Service. This is because persons who are under 18 years old are unable to enter into binding contracts.
You may not interfere with the proper working of the Loconomics Service. You may not copy, modify, or distribute (a) content from the Loconomics Service or (b) any other content covered by Loconomics' copyrights and trademarks. You may not harvest or otherwise collect information about Users, including email addresses, without those Users' consent.
Your User Account may be terminated without warning if Loconomics believes that you have violated any term of this Agreement or any federal, state, or local laws, rules, or regulations.
3. Neutral Venue
The Loconomics Service is a communications and client management platform for connecting people offering Services (“Service Professionals”) and people looking for Services (“Clients”). Service Professionals, Website visitors, Clients, and other users of the Loconomics Service together are referred to as "Users." The work that a Service Professional will provide to a Client, and for which the Client will pay the Service Professional, is referred to as “Services.” Services also include any materials provided by the Service Professional, either with or without charge, to the Client. Loconomics creates a neutral venue for Service Professionals to find Clients, and for Clients to find Service Professionals.
Users contract for Services directly with other Users. Loconomics does not take part in the Services provided to Clients by Service Professionals and will not be a party to any contracts for Services. Rather, Loconomics is merely a communication, scheduling, and payment processing platform.
When using the Loconomics Service, you may be a Service Professional, a Client, or both.
Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of Loconomics.
4. No Employment of Service Professionals
Loconomics is not an employer of the Service Professionals and Service Professionals do not become Loconomics employees by providing Services to Clients or by becoming Owners of Loconomics. You acknowledge that we do not supervise, direct, control, or make representations about the suitability, reliability, timeliness, or accuracy of the Services offered and provided by Service Professionals through the Loconomics Service in any manner. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement or by the receipt of any benefits or advantages received by Service Professionals through Loconomics. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security, or payroll withholding tax in connection with your use of the Loconomics Service. You understand and agree that if we are found to be liable for any tax or tax withholding in connection with your use of Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless, reimburse (for taxes, penalties, interest, and attorney's fees), and defend us from any and all claims that a Service Professional was misclassified as an independent contractor or an employee, any claims that we were an employer or joint employer of a Service Professional, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment, retaliation, wage and hour laws, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Service Professionals are solely responsible for all aspects of the Services they perform, including the quality, timing, legality, or failure to provide Services. Loconomics does not control the actions or inactions of Users.
Loconomics does not provide any materials or supplies to provide the Services. Service Professionals must provide their own tools and equipment.
Service Professionals manage their own schedules, availability, pricing, and quality of Services provided.
Loconomics does not require training for Service Professionals, apart from training that the Service Professional must obtain for providing Licensed Professional Services. However, optional training may be offered as a benefit for Loconomics Owners.
Service Professionals are encouraged to advertise independently.
One purpose of forming Loconomics as a cooperative is to provide ideal working opportunities and conditions to independent Service Professionals, while ensuring that Services Professionals remain independent and have choice and flexibility in their work.
5. User Accounts and Communication
If you are a Client, you must create a User Account with Loconomics to schedule an appointment. If you are a Service Professional, you must create a User Account with Loconomics to use the Loconomics Service. If you create a User Account with us, you agree to provide true, accurate, and complete information and to update such data as necessary. If we have reasonable grounds to suspect that your information is inaccurate, we may suspend or terminate your account and prohibit you from any use of the Loconomics Service (see also Section 14, “Loconomics Service Termination”). You agree not to use any user name that is obscene, defamatory, or derogatory. You are responsible for maintaining the confidentiality of your password and for changing your password if you believe that it has been stolen or might otherwise be misused. You agree to notify Loconomics immediately of any unauthorized use of your user name and/or password and any other suspected breach of security regarding the Loconomics Service. We shall not be liable for any loss or damage arising from the unauthorized use of your user name and/or password.
By providing your phone number and using the Loconomics Service, you hereby affirmatively consent to Loconomics and Users conducting transactions with each other through the Loconomics Service using your phone number for calls and, if such phone number is a mobile number, for text messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text messages we send you. You may opt-out of receiving text messages from Loconomics by replying with the word "STOP" to a text message from Loconomics.
Loconomics may send you confirmation and other transactional emails regarding the Services. Loconomics may also send you emails about services that we think might interest you (“Promotional Emails”). The Promotional Emails include an option for you to opt out of receiving such emails.
6. Rules for Service Professionals
Service Professionals must be individuals, not agencies or people acting on behalf of agencies; however, worker-owned cooperatives and nonprofit organizations may be Service Professionals if approved as Owners according to the Bylaws and any other policies specifically applicable to worker-owned cooperatives and nonprofit organizations. Except in the case of worker-owned cooperatives and nonprofit organizations, the profile you create must represent a single person performing Services; you may not have employees, agents, or substitutes provide Services on your behalf.
Service Professionals may choose to partner with other Service Professionals using our group scheduling functionality to perform particular Services that require more than one person. In such cases, Service Professionals must still be individuals, not agencies or people acting on behalf of agencies.
Service Professionals must perform Services at the scheduled time and as described to the Client when scheduling or, if you are unable to fulfill Services at the scheduled time, you must promptly notify the Client and cancel or reschedule using the Loconomics Service.
Service Professionals are responsible for managing availability for online appointments including maintaining the accuracy and completeness of available times, Services available, service locations and/or service areas, and all other information necessary for Clients to schedule online appointments with you.
Service Professionals offering mental and health care Services that are reimbursable by federal and state health care programs agree:
- a) not to seek reimbursement from any third party payer (including, but not limited to, Medicare or Medi-Cal) for any portion, in whole or in part, of the Services scheduled through the Loconomics Service, and to accept as payment in full the amount paid by Client for the Services at the time of scheduling (or later, if so agreed);
- b) not to offer Services at discounted or promotional pricing through the Loconomics Service, and not to advertise any such discounts or promotions through the Loconomics Service.
The Services cannot, under any circumstances, include:
- a) sexual activity; or
- b) unlawful activity of any kind.
It is your responsibility to ensure that you are legally able to provide your Services.
You represent that you have the legal ability in your jurisdiction and where you are marketing your Services to perform the Services listed in the Loconomics Service. Without limiting the foregoing, you represent that you have any license required to provide your Services and are willing to undergo a Background Check prior to providing Sensitive/Licensed Professional Services (see also Section 19, “Background Checks”).
7. Rules for Clients
Clients are solely responsible for choosing suitable Service Professionals. Loconomics does not endorse any Service Professional. When acting as a Client, you agree that Loconomics is not responsible or liable for unsatisfactory Services performed by Service Professionals. You should make whatever investigation you deem necessary or appropriate before hiring or engaging a Service Professional (see also Section 19, “Background Checks”).
Clients are responsible for attending (if so agreed at the time of scheduling) all appointments made through the Loconomics Service or, if you are unable to attend an appointment, to promptly notify the Service Professional and cancel or reschedule using the Loconomics Service.
You may not hire Service Professionals with the purpose of reselling their Services.
You will take the necessary safety precautions when meeting Service Professionals to ensure both their and your own safety.
You accept responsibility to confirm that the Service Professional's identity and professional license or certification (if required) match the information on their profile.
8. Fee Structure
Joining Loconomics, viewing profiles, and viewing descriptions of Services are free. Current fees for all services are listed on our Fees page. The following provides a general overview of fee structure and which specific fee amounts are subject to change.
If you are a Service Professional, you may use the Loconomics Service free of charge for a limited time per any promotional terms (“Trial Period”). After the Trial Period has ended, payment of a monthly or annual fee “User Fee” is required to continue using the Loconomics Service. A valid credit card is required, and the User Fee is billed in advance on a monthly or annual basis (“Billing Period”) in accordance with our pricing schedule. Payment for the first Billing Period of service will become due immediately upon the end of the Trial Period; if you have not yet entered your credit card information, we will prompt you for this information. You must enter your credit card information before the end of the Trial Period or your account will become inaccessible. After your credit card information is entered, your credit card will be immediately charged for the first Billing Period of service. Thereafter, your credit card will be billed for each Billing Period after the Trial Period until your account is terminated by you or by Loconomics. You warrant that the credit card you enter is good and valid, and that you are authorized to use such credit card. You authorize Loconomics to charge such credit card for amounts due for the Loconomics Service. Loconomics reserves the right to suspend or cancel your account if a charge to your credit card is denied or disputed. All payments are non-refundable; Loconomics does not refund for partial months of service or non-use of the Loconomics Service. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities with respect to your use of the Loconomics Service, and you shall be responsible for payment of all such taxes, levies, or duties.
Loconomics may charge a fee to Clients upon scheduling of Services through the Loconomics Service. Any “Booking Fee” will be disclosed at the time the scheduling is made.
Loconomics intentionally does not charge any Booking Fee for any mental or health care Services regulated under federal or state law prohibiting such fees. Should you feel a Booking Fee has been charged in error for such Services, please e-mail email@example.com and it will be refunded and corrected.
Loconomics charges a set fee for certain premium services, such as a Background Check. The cost of a premium service is disclosed at the time you sign up for the premium service.
Loconomics deducts the Payment Service Provider's payment processing fees from the total amount paid by a Client for Services before transferring the Payment Amount owed to a Service Professional.
Loconomics reserves the right to change the fee structure set forth above, at its sole discretion. Loconomics will give Users at least fourteen (14) calendar days' notice of any change to the fee structure by posting the change on the Loconomics Service.
9. Payments, Adjustments, and Cancellations
Users of the Loconomics Service may be required to provide their credit card or bank account details to Loconomics and the Payment Service Provider “PSP” retained by Loconomics (currently, Braintree, a division of PayPal, Inc.).
The cost of Services scheduled through the Loconomics Service, any agreed out of pocket expenses owed to the Service Professional, any tip or gratuity, if applicable, and any service fees owed to Loconomics for the use of the Loconomics Service are collectively referred to as the “Payment Amount.”
When payment is required when scheduling Services, Loconomics will charge the Client's credit card the Payment Amount after the appointment for the scheduled Services. Loconomics may also put a hold on the Client's credit card for the Payment Amount at the time the appointment is scheduled through the Loconomics Service to ensure that payment can be taken at the appropriate time. Certain Services may require that, by a clearly stated deadline, a Client and/or Service Professional mark that Services are complete after the appointment is finished and/or finalize a Payment Amount. Should the User not complete the requested actions before the deadline, the User forfeits their right to make any adjustments.
When payment is not required at the time of scheduling an appointment, the Client agrees to pay the Service Professional the Payment Amount using the Service Professional's preferred payment option(s).
Service Professionals may make bundles or packages available in which Users can purchase multiple Services or sessions in a single transaction. All sessions of the Services must be scheduled through the Loconomics Service. Service Professionals may set an expiration date for any bundle or package, and any unused package value is lost as of the expiration date.
Clients may have the option of choosing that the Services to be repeated on a regular basis (“Recurrent Services”). For example, a Client may choose that Services be performed every two weeks. When a Client chooses Recurrent Services, Loconomics will automatically schedule those Recurrent Services to occur on future dates indefinitely at the frequency requested by the Client. The Client's credit card will be charged for the Recurrent Services as the appointments for Services occur and for any applicable cancellation fees. Loconomics cannot guarantee appointments for Recurrent Services will not be canceled or rescheduled by the Service Professional.
Services may be canceled or rescheduled up to the "Cancellation Period" (the advance notice prior to the scheduled appointment time required to effect an appointment cancellation outlined in the Service Professional's own policy on cancellation (“Cancellation Policy”) of the appointment to take place. If you wish to cancel or reschedule Services, you must do so by using the appointment cancellation feature through the Loconomics Service prior to any Cancellation Period for such Services. You understand and agree that should you cancel or reschedule your Services after the Cancellation Period or if you do not show up for your appointment time, you may be charged part of or the full value of the Services in accordance with the Service Professional's Cancellation Policy (“Cancellation Fee”).
Service Professionals set their own Cancellation Policies, and Loconomics must enforce these Cancellation Policies. It is therefore very important to understand a Service Professional's Cancellation Policy prior to attempting to cancel or reschedule an appointment. A full refund of a Cancellation Fee may be issued to a Client upon three events:
- a) if the Client cancels Services before the Cancellation Period;
- b) if the Service Professional cancels the Client Services; or
- c) if the Service Professional refuses to honor any Services at the agreed date and time.
If you wish to make a request for a refund, any such request for refund must be made within 48 hours after the scheduled end time of the Services. For each valid refund request, Loconomics will refund the Payment Amount upon request in the original form of payment, or will credit the User Account of the Client with an equivalent value in Loconomics "Credits" for future purchases through the Loconomics Service. Loconomics Credits do not expire.
Loconomics reserves the right, in its sole discretion (but not the obligation), to (a) place on hold all or a portion of any Payment Amount, or (b) refund the Payment Amount, provide Credits, or arrange for the PSP to provide a refund.
Service Professionals may be required to register with the PSP, agree to Terms of Service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP. Terms of Service between Service Professionals and the PSP retained by Loconomics are available by clicking here (the “PSP Agreement”). By accepting these Terms of Service, each Service Professional agrees that they have opened, downloaded, or printed, and reviewed and agreed to the PSP Agreement. Please note that Loconomics is not a party to the PSP Agreement and that you, the PSP, and any other parties listed in the PSP Agreement are the parties to the PSP Agreement and that Loconomics has no obligations or liability to any Service Professional under the PSP Agreement.
Users of the Loconomics Service will be liable for any taxes required to be paid on the Services provided under the Agreement.
Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that Loconomics cannot and does not offer tax advice to Service Professionals or Clients. You have to pay your taxes for any income you receive in transactions resulting from using Loconomics. We are not liable for your nonpayment of taxes.
10. Public Nature of Your Statements
The Loconomics Service may contain User profiles, descriptions of Services, Reviews, photos, email systems, blogs, or other message or communication facilities (“Public Areas”) that allow Users to communicate with each other. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable area.
Loconomics reserves the right to terminate its Agreement with you or any other User who infringes third-party copyrights. If you believe that any material has been posted via the Loconomics Service by a User in a way that constitutes copyright infringement, you shall provide Loconomics with the following information:
- a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work;
- c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- d) your name and contact information, including telephone number and e-mail address; and
- e) (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for Loconomics's DMCA Agent for notice of claims of copyright infringement is: Loconomics Cooperative, Inc., Attention: DMCA Agent, 3150 18th Street, Suite 438, Mailbox 208, San Francisco, CA 94110, firstname.lastname@example.org. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Loconomics and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Loconomics' rights and obligations under the DMCA, including 17 U.S.C. ß512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Loconomics has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Loconomics may also at its sole discretion limit access to the Loconomics Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may not do the following through your Statements or on any Public Area:
- a) post content of a sexual or sexually-suggestive nature;
- b) post content in an inappropriate category or areas;
- c) post any discriminatory content;
- d) post any content that violates any law or third party rights;
- e) harass or threaten any person;
- f) post or distribute false, inaccurate, misleading, infringing, defamatory, or libelous content (including personal information);
- g) post or distribute any offensive, obscene, or unlawful content;
- h) take any action that may undermine the feedback or ratings systems;
- i) post or distribute spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- j) advertise or offer to sell services not relevant to the Loconomics Service;
- k) distribute viruses or any other technologies that may harm Loconomics, or the interests or property of any Users;
- l) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your profile information including public Reviews that have been posted to your profile referred to as “Your Information”) without the prior express written permission of Loconomics and the appropriate third party, as applicable.
The foregoing list of prohibitions is not complete or exclusive. Loconomics does not control or endorse any Statement found in any part of the Public Areas, and we specifically disclaim any liability concerning the Statements and the Public Areas and any actions resulting from your participation in any part of the Public Areas, including any objectionable content.
If you violate any of these prohibitions, Loconomics in its sole discretion may take any of the following actions:
- a) delete some or all of your reviews or other Statements;
- b) limit your User privileges;
- c) suspend or terminate your User Account;
- d) report to law enforcement authorities any actions that may be illegal;
- e) take other appropriate action.
Loconomics will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Public Area, the Loconomics Service, or elsewhere on the Internet.
At Loconomics, Clients are able to leave reviews of Service Professionals, and Service Professionals are able to leave reviews of Clients (“Reviews”). Accurate and honest Reviews are critical to the effective operation of the Loconomics Service. Accordingly, you agree to use careful, prudent, and good judgment when leaving reviews of another User. The following review-related actions are prohibited:
- a) threatening to leave a negative Review in order to coerce a User into providing or receiving Services not agreed to as part of the Services to be provided;
- b) leaving a Review in order to make the Service Professional or Client appear better or worse than he or she actually is or was;
- c) impersonating any other person, falsifying contact information, misrepresenting a relationship with any Service Professional, or otherwise attempting to mislead others as to the identity of the sender or the origin of a Review;
- d) attempting to prevent another User from leaving a Review.
If you violate any of these prohibitions, Loconomics in its sole discretion may take any of the following actions:
- a) delete some or all of your Reviews or other Statements;
- b) limit your User privileges;
- c) suspend or terminate your User Account; or
- d) take other appropriate action.
In the event of a dispute between Users regarding a Review, Loconomics will make the final decision regarding the resolution of the dispute. You agree that Loconomics has the right to remove any Review at any time in its sole discretion. You agree that Loconomics shall not be liable for the content of any Review, or for the removal or failure to remove a Review.
You may choose to or we may invite you to submit comments or ideas about the Loconomics Service, including without limitation about how to improve the Loconomics Service or other products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Loconomics under any fiduciary or other obligation to you, and that we are free to use or publish the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by reviewing or accepting your submission, Loconomics does not waive any rights to use similar or related ideas previously known to Loconomics, or developed by its staff members, or obtained from sources other than you.
13. License Grant
By posting Statements or other information on or through the Public Areas or through Feedback or in connection with the Loconomics Service, you grant Loconomics a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research, or any other lawful purpose, without limitation
14. Loconomics Service Termination
Loconomics may immediately terminate your right to use the Loconomics Service without notice to you under certain circumstances, including, but not limited to:
- a) breaches of the Terms of Service or Other Policies;
- b) requests by law enforcement, government agencies, or court order;
- c) security and technical issues or problems;
- d) non-payment of any fees owed by you; or
- e) extended periods of inactivity.
If we terminate your right to use the Loconomics Service, you understand and agree that we may delete all of your content (and any content associated with you) and that we will not be liable to you or any third party, for any termination of your right to use the Loconomics Service or for the deletion of your content.
Upon termination, we will have no further obligation to grant you any access to or use of the Loconomics Service.
16. Third Party Resources
The Loconomics Service may give you access to links to third-party websites. We provide such third party links to help you find potentially relevant resources, but we do not endorse any of these third party sites or services and we do not control them in any manner. Accordingly, the Company does not assume any liability associated with the third party service. You need to take appropriate steps to determine whether accessing a third party service is appropriate using your own discretion, and to protect your personal information and privacy on such third party site or service.
If you have a dispute with another User, you should make every attempt to resolve your dispute in direct conversation with the other User, preferably using the Loconomics messaging service. Should Users be unable to reach a resolution in a dispute about Services, Payment Amount, or a User Review, Loconomics will make the final decision.
You release Loconomics (and its officers, directors, members, owners, employees, agents, subsidiaries, and affiliates) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by him or her must have materially affected their settlement with the debtor."
If you have a complaint about the Loconomics Service, you may direct complaints to: Loconomics Cooperative, Inc.
3150 18th Street Suite 438
San Francisco, CA 94110
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
We will make every reasonable effort to resolve any disagreements that you have with Loconomics. If those efforts fail, by using the Loconomics Service you agree that any claim, dispute, or controversy you may have against Loconomics arising out of, relating to, or connected in any way with this Agreement, the Loconomics Service, or the purchase or sale of any Services, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that:
- a) The arbitration shall be held in San Francisco, California or at such other location as may be mutually agreed upon by you and Loconomics;
- b) The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
- c) There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or Loconomics' individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;
- d) In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Loconomics will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
- e) With the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Loconomics shall be entitled to arbitrate their dispute.
19. Background Checks and License Verification
Service Professionals may choose, and in some cases are required, to undergo Background Checks or License Verification. These Background Checks and License Verifications are carried out in accordance with the “Background Check and License Verification Policy,” which is available HERE and incorporated into this Policy by reference. Both Clients and Service Professionals are strongly encouraged to read that policy in detail.
Loconomics cannot and does not assume any responsibility for the accuracy or reliability of Background Check and License Verification information, the Tier System, and the decisions made thereunder, or any other information provided by or about Service Professionals. The scope of Background Checks and License Verification is limited and any information that is provided to Clients by Service Professionals, including but not limited to educational background, skill-level, and other self-descriptive information is offered on a solely volunteer basis by each Service Professional and is not verified by Loconomics unless specifically stated otherwise. Loconomics does not endorse any self-descriptive statements by Service Professionals and does not confirm nor deny the accuracy of these statements unless otherwise noted. BACKGROUND CHECK AND LICENSE VERIFICATION INFORMATION IS PROVIDED AS A COURTESY TO CLIENTS AND SHALL BE USED AT CLIENT'S OWN RISK. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY SERVICE PROFESSIONAL OR CLIENT OF THE SERVICE AND YOU HEREBY RELEASE LOCONOMICS AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. LOCONOMICS AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS INCLUDING BUT NOT LIMITED TO NEGLIGENT, INTENTIONAL, AND OTHER TORTIOUS OR CRIMINAL ACTS, ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE WHEN COMMITTED BY ANY SERVICE PROFESSIONAL OR CLIENT OF THE SERVICE. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS SUSTAINED BY SERVICE PROFESSIONALS IN CONNECTION WITH CLIENTS' USE OF THE BACKGROUND CHECKS, TIER RESULTS, OR OTHER SUMMARY INFORMATION, INCLUDING MISUSE OR DISTRIBUTION OF THESE RESULTS BY CLIENTS. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS SUSTAINED BY SERVICE PROFESSIONALS IN CONNECTION WITH LOCONOMICS' DETERMINATION OF TIER RANKING OR PUBLICATION OF A SUMMARY OF BACKGROUND CHECK OR LICENSE VERIFICATION INFORMATION. NEITHER LOCONOMICS NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY CLAIM, INJURY, DAMAGE, OR LOSS SUSTAINED BY CLIENT RESULTING FROM INACCURATE OR INCOMPLETE BACKGROUND CHECKS OR LICENSE VERIFICATION, MISREPORTED TIER RESULTS, OR ANY OTHER INACCURATE OR INCOMPLETE SUMMARY INFORMATION PROVIDED TO A CLIENT OR TO THE PUBLIC.
20. Limitation of Liability
You understand and agree that the Service Professional listed as the provider of the Services is
- a) solely responsible for redeeming the scheduled Services;
- b) fully responsible for all Services they provide to you;
- c) liable for all damages or losses arising out of the Services provided.
You further acknowledge and agree that Loconomics is not responsible for:
- a) any adjustments made by a Service Professional related to the price of scheduled Services, or an appointment time or a Service;
- b) any claims for injuries, illnesses, damages, liabilities, and costs ("Liabilities") that you may suffer, directly or indirectly, in full or in part, whether related to any Services.
To the fullest extent permitted by law, you agree to and hereby waive and release Loconomics and its subsidiaries, affiliates partners, officers, directors, staff members, Owners, and agents from any liabilities arising from or related to:
- a) any act or omission of a Service Professional or Client in connection with the Services, including a Service Professional's or Client's failure to comply with applicable law and/or failure to abide by the terms of Services; and/or
- b) any Services, any action or inaction by a Service Professional or Client; and/or
- c) any indirect, special, punitive, consequential, (including, lost profits or lost data collected through the Services), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if Loconomics has been advised of the possibility of such damages. In no event will Loconomics' liability arising out of or related to this agreement exceed the amounts paid by you for the Services or five hundred dollars, whichever is less.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCONOMICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE LOCONOMICS SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LOCONOMICS SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE LOCONOMICS SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE LOCONOMICS SERVICE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
21. Disclaimer of Warranty
You expressly agree that use of the Loconomics Service is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOCONOMICS SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither Loconomics, its subsidiaries, affiliates, or any of their respective staff members, agents, Service Professionals, third-party content providers or licensors, or any of their officers, directors, staff members, Owners, or agents, warrant that use of the Loconomics Service will be uninterrupted or error free; nor do they make any warranty as to:
- a) the results that may be obtained from use of the Loconomics Service; or
- b) the accuracy, reliability, or content of any information, Services, or Services scheduled through the Loconomics Service. The Loconomics Service is made accessible on an "as is" and "as available" basis. Loconomics hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title noninfringement, merchantability, and fitness for a particular purpose.
Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law. LOCONOMICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LOCONOMICS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LOCONOMICS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The information presented or contained in the Loconomics Service or provided through the Loconomics Service is presented for informational purposes only. No information, whether oral or written, obtained by a Client from a Service Professional, a Service Professional from a Client, or from the Services will create any warranty not expressly stated in this Agreement.
Each User hereby agrees and understands that:
- a) Loconomics does not sell, exchange, buy, or offer for sale, negotiate or attempt to negotiate, a sale or exchange of any interest in any Services;
- b) Information about scheduled Services is provided directly by the Service Professional and not by Loconomics, and Loconomics does not engage in reviewing information contained within scheduled Services in any manner;
- c) The decision to schedule Services is entirely at the Client's discretion and Loconomics does not induce or attempt to induce any User to schedule Services;
- d) The prices listed by any Service Professional for Services may often exclude sales tax or gratuity which may be added to the final sale price at the time the scheduling is finalized; and
- e) Loconomics does not guarantee any price or Services offered by a Service Professional.
The Loconomics Service is controlled and offered by Loconomics from its facilities in the United States of America. Loconomics makes no representations that the Loconomics Service is appropriate or available for use in other locations. Those who access or use the Loconomics Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify, and hold harmless Loconomics and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their Owners, Service Professionals, staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to:
- a) your use of and access to the Loconomics Service, including any data or content transmitted or received by you;
- b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above, or representation or warranty;
- c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
- d) your violation of any applicable law, rule or regulation;
- e) if you are a Service Professional, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees) accrued by Loconomics arising out of or connected with your attempt to obtain reimbursement (whether or not actually obtained) from any third party payer (including, but not limited to, Medicare or Medi-Cal) for Services scheduled through the Loconomics Service;
- f) if you are a Service Professional, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees) accrued by Loconomics arising out of or connected with your offer of mental or health care Services at discounted or promotional pricing through the Loconomics Service in violation of this Agreement;
- g) User content or any other information or content that is submitted via your account including without limitation misleading, false, or inaccurate information;
- h) negligent or willful misconduct; or
- i) any other party's access and use of the Loconomics Service with your unique username, password, or other security code.
Legal notices to Loconomics must be sent to the address below. Legal notices to Loconomics shall be deemed given upon receipt by Loconomics. Loconomics Cooperative, Inc.
3150 18th Street Suite 438
San Francisco, CA 94110
legal [at] loconomics.com
Legal notices to you will be sent to the email address you provide to Loconomics during the registration process. Legal notices to you shall be deemed given 24 hours after Loconomics' email is sent, unless Loconomics is notified that the email address is invalid. Alternatively, Loconomics may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
24. Governing Law
This Agreement is governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Loconomics must be resolved exclusively by a state or federal court located in San Francisco County, California. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
25. Modifications and Validity
It will not be considered a waiver of Loconomics rights if Loconomics fails to enforce any right it possesses under this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and Loconomics agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement.
26. HIPAA Compliance
To the extent applicable and required by HIPAA, Service Professional acknowledges that it may be a “Covered Entity” under HIPAA and subject to HIPAA compliance requirements. Service Professionals that are Covered Entities agree to the Loconomics Business Associate Agreement.
27. Entire Agreement
This Agreement governs your use of the Loconomics Service and constitutes the entire agreement between you and Loconomics regarding the subject matter of this Agreement. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Loconomics regarding the subject matter contained in this Agreement.
Effective Date: October 1, 2017
- What information we collect
- How we use information
- When and why we disclose information
- Your privacy choices
- How we store and secure information
When we say “you,” we are referring to anyone who uses the Loconomics Service. When we say “we” or “us,” we are referring to Loconomics.
3150 18th Street Suite 438
San Francisco, CA 94110
2. Information We Collect
"Personal Information" means information that can be used to identify, locate, or contact an individual or business. We also treat other information that is associated or combined with Personal Information as Personal Information. We collect information as follows:
- a) Information you provide to us: We receive and store information you voluntarily provide to us when registering to use the Loconomics Service or in the course of using the Loconomics Service, or when you contact us by telephone, email, text, postal mail, social media interaction, or other methods of communication, such as for customer support purposes. The information we receive from you may include:
- Contact Information, such as your name, postal addresses, email addresses, social media website User account names, telephone numbers, or other addresses at which you receive communications from or on behalf of Loconomics.
- “Financial Account Information” as needed to process payments for service offerings from the Loconomics Service (such as your credit or debit card number, expiration date, and card verification number). If you are a Service Professional, we may collect your bank account and routing numbers or PayPal account email address to submit payment to you.
- “Relationship Information,” including lifestyle information, location information related to your state/province, city, or neighborhood, areas of interest, the types of service offerings that interest you, information collected from social media interactions (such as via Facebook Connect), demographic information (e.g., birth date, age, gender), and information about friends who refer you or who you have referred to Loconomics.
- For Service Professionals, we may collect your business information, such as your business name, a description of your services. You may choose to provide additional business information and integrate social media information from your Facebook page data, Twitter feed data, LinkedIn profile data, or Yelp data.
- “Past Business Interaction Information,” which you can automatically import by giving Loconomics permission to access your web, mobile or desktop email program, address schedule contacts, calendar program, or social network accounts such as Google, Facebook, LinkedIn, and FourSquare, or which Loconomics receives through Service Professional use of the Loconomics Service.
- “Taxpayer Information,” including social security number or taxpayer ID number, to report income to tax authorities, as required by law.
- b) “Automatically Collected” Information: When you access the Service or open one of our emails, we may automatically record certain information by using different types of tracking technology. This “automatically collected” information may include:
- Computer information, including Internet Protocol address (“IP Address”), a unique user ID, version of software installed, operating system, browser type, software version, regional and language settings, and hardware information.
- “Mobile Location Information,” if you have activated one of our mobile applications and permitted your mobile or other location-aware device to transmit location data.
- “Transaction Information” about how you interact with Loconomics or the Loconomics Service, such as dates and times that you visit the Site or App, the Services you view, purchase, redeem, and/or post, and the Service Professionals you add to your Favorites Page; other information about how you use the Loconomics Service; copies of correspondence, text, email, other communications, and applications; the source of traffic to Loconomics, including but not limited to whether you came from Google Search, a partner website, an ad campaign, or email campaign; and how you interact with Loconomics Service Professionals and Partners.
- “Calendaring Program Information,” including your availability and your appointment time preferences, Transaction Information, and any related comments, notes, or messages you have provided to Loconomics or a Service Professional regarding your availability and/or appointment time preferences. This information may be accessed through the Loconomics Service, web-based calendaring programs, mobile app-based calendaring program, or third-party online calendars (e.g. Google Calendar, Outlook, iCal, Yahoo Calendar) (“Calendaring Programs”) that Users choose to connect to the Loconomics Service.
- We also use Local Storage Objects (LSOs) such as HTML5 to store User preferences. Various browsers may offer their own management tools for removing HTML5 LSOs.
- c) “Cookies” and Related Technologies: We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access the Loconomics Service, your operating system type or mobile device model, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the IP addresses of the devices you use to interact with the Loconomics Service. We may also collect information about the website you were visiting before you came to the Loconomics Service and the website you visit after you leave our Website, if this information is supplied to us by your browser. In many cases, the information we collect using cookies and other tools is used in non-identifiable ways, but we may also associate the information we collect using cookies and related technologies with Personal Information. The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to the Loconomics Service by your computers or mobile devices. These servers are operated and the cookies are managed by us, our Partners or our Service Providers.
- “Cookies” Information: When you access the Site, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Loconomics may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your User ID if you asked to be remembered), and storing your preferences (e.g., the cities for which you want to be shown Services). Persistent cookies can be removed. Please review your web browser “Help” file to learn the best way to modify your cookie settings.
- “Pixel Tags” or “Clear Gifs”: Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or to our Service Providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
- Advertising Information: Loconomics uses a specific cookie in order to facilitate the use of Google Universal Analytics for users logged-in to the Loconomics Service (“Logged-In User). If you are a Logged-In User, Loconomics may use your Loconomics user ID in combination with Google Universal Analytics and Google Analytics to track and analyze the pages and screens of the Loconomics Service you visit. We do this only to better understand how you use the Loconomics Service with a view to offering improvements for all Loconomics users; and to tailor our business and marketing activities accordingly, both generally and specifically to you. Google Analytics cookies do not provide Loconomics with any Personal Information. Learn more about privacy at Google and to opt-out of this feature by installing the Google Analytics Opt-out Browser Add-on.
- Web & App Analytics: Loconomics uses a specific cookie in order to facilitate the use of Google Universal Analytics for users logged-in to the Loconomics Service (“Logged-In User). If you are a Logged-In User, Loconomics may use your Loconomics user ID in combination with Google Universal Analytics and Google Analytics to track and analyze the pages and screens of the Loconomics Service you visit. We do this only to better understand how you use the Loconomics Service with a view to offering improvements for all Loconomics users; and to tailor our business and marketing activities accordingly, both generally and specifically to you. Google Analytics cookies do not provide Loconomics with any Personal Information. Learn more about privacy at Google and to opt-out of this feature by installing the Google Analytics Opt-out Browser Add-on.
- d) Information from Other Sources: We may also obtain information, including Personal Information, from third parties and sources other than the Site, as well as from other Users of the Services. For Service Professionals, such information may include Personal Information contained in background checks we receive, pursuant to our Background Check Policy, or applicable professional licenses or certifications.
3. How We Use Information
We use the information we collect to improve users' experience of the Loconomics Service, market and promote the Loconomics Service, and promote services offered by our Service Professionals. For example, we may use information to
- a) Operate the Loconomics Service, including performing analysis of how the Site and App are functioning, tracking your use of the Loconomics Service, for purposes of displaying relevant advertising and content, updating the Loconomics Service, and improving our the user experience;
- b) Remember your information so that you will not have to re-enter it during your visit or the next time you access the Site
- c) Provide Clients with customized offers from participating Service Professionals;
- d) Recommend certain Service Professionals or Services to Clients (e.g., to suggest Service Professionals to add to the Client's Favorites page or remind Client when it's time to rebook a service);
- e) Facilitate and fulfill requests for appointments with Service Professionals;
- f) Evaluate eligibility of Clients for certain offers or Services, and evaluate the types of offers or Services that may be of interest to Clients;
- g) Track redemption of Services and perform other analytics;
- h) Provide user support;
- i) Communicate and provide additional information that may be of interest to you about Loconomics, Service Professionals, and Partners, such as Loconomics news, special offers and coupons, announcements, surveys, sweepstakes, and marketing materials, unless you have told us you do not want to receive such emails;
- j) Send you reminders, technical notices, updates, security alerts, support messages, administrative messages, service bulletins, or marketing;
- k) Provide tailored advertisements, content, and information to Users through the Loconomics Service, email messages, text messages, applications, push notifications, or other methods of communication;
- l) Prevent fraud, enforce our corporate reporting obligations, Terms of Service, or comply with law;
- m) Inform Service Professionals when Clients have added them to their Favorites Page; and
- n) When Users rate or review other Users with whom they have transacted, their rating, Review, and User's first name and last initial will be published on Loconomics and may appear on third party websites, advertisements, or other marketing and promotional materials.
- o) Monitor and report aggregate usage metrics and the effectiveness of third-party marketing campaigns
- p) Track your entries, submissions, and status in any promotions or other activities.
4. When and Why We Disclose Personal Information
- a) With affiliated companies (e.g., subsidiaries and other companies owned by or controlled by Loconomics) who may only use the Personal Information for the purposes described herein.
- c) We may share Client Personal Information (other than credit card information) with Service Professionals. We may provide your Personal Information to Service Professionals when if you purchased Services from that Service Professional through Loconomics, or if you participated in an offer, contest or other activity sponsored or offered through Loconomics on behalf of the Service Professional. We may also provide Service Professionals with Personal Information about Clients who have purchased the Service Professionals' Services, to send customized offers, to validate the purchases, to aid and troubleshoot redemption, to combat fraud, as part of legal proceedings affecting Loconomics and the Service Professional, to facilitate a direct relationship between Service Professionals and Clients, and to enable Service Professionals to communicate electronically with Clients who purchased the Service Professionals' Services.
- d) With Loconomics Partners or advertisers, as part of an offer, contest, distribution partnership, or other activity that is provided by or in conjunction with Loconomics and its Partners and in which you have elected to participate. For example, if you are referred to Loconomics from a Partner's website or through an invitation facilitated by or in conjunction with a Loconomics Partner, Loconomics may provide that Partner with Contact Information and Transactional Information.
- e) To effect a merger, acquisition, or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property or safety of others, investigate fraud, respond to a government request; or as needed to support auditing, compliance, and corporate governance functions. We may also disclose Personal Information in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts where we operate. If Loconomics is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information. We may also disclose information about you that is not personally identifiable. For example, we may utilize or provide our Service Professionals, Partners, or other third parties with reports that contain anonymized, aggregated and/or statistical data about Users.
- f) If you are a Client:
- When a particular Service Professional is added to your Favorites Page, that information will be made public and will enable other Users to search, visit, or schedule appointments from your Favorites Page. Additionally, your page will display your real name, partial name, or pseudonym, as well as any other information you provide, including photographs, bios, and city and state. You may, however, hide this information from the public by marking your Favorite Page as “Private.”
- g) If you are a Service Professional:
- We may share some or all of your Personal Information, including but not limited to Calendaring Program Information, Services, Ratings and Reviews, Prices and Discounts, appointment availability, and related data (collectively "Service Professional Information") with Loconomics Clients seeking services and with Loconomics Partners and affiliates;
- We may feed Service Professional Information to third party websites (excluding Client lists), which may result in Service Professional Information appearing on a third-party website, mobile application or in search engine results; and such results may include a corresponding link to schedule an appointment through Loconomics.
- We may use certain Contact Information to promote your Services through a variety of online and offline advertising and promotion mediums, including, but not limited to Google, Google AdWords, Facebook Ads, Twitter, email distribution lists, and third-party Partners and Affiliates.
- If you have participated in any joint Loconomics service offerings or promotions with other Partners, Loconomics may disclose your Personal Information to its Partners, as part of such offer, contest, or other activity that is provided by or in conjunction with Loconomics and its Partners and in which you have elected to participate.
5. Referral Programs
Referring Friends to Loconomics.
Loconomics enables you to refer friends to Loconomics. If you wish to refer friends to Loconomics, we provide you a unique referral link, which you can share directly with others via email, social media websites, or other communications methods. If someone clicks your link and takes a qualifying action, we may attribute that referral to you for certain purposes such as awarding reward credit. Loconomics does not collect Personal Information about the persons with whom you share your link until the persons click the link and engage directly with Loconomics.
Referring Service Professionals to Loconomics.
Loconomics enables you to refer Service Professionals to Loconomics. When you refer a new Service Professional, we send out an email to such Service Professional indicating that you are the referral source. Except for your name, no other information is provided to the Service Professional in our email.
By using the referral features on Loconomics, you hereby agree to and authorize the following: (a) Loconomics may use your e-mail address to email your contact about Loconomics, (b) Loconomics may use your name and e-mail address to identify who you are in any such invitation, and (c) Loconomics may follow up with any invitations initiated by you with two reminder emails to some contacts if they do not respond to the initial invitation.
6. Your Choices
We think that you benefit from a more personalized experience when we know more about you and the kinds of service offerings you like. However, you can limit the information you provide to Loconomics, and you can limit the communications that Loconomics sends to you.
You can manage your email preferences by logging into your account through www.Loconomics.com, entering the "Account" section, and updating your Email Communication preferences under "Privacy Settings." You can also manage your subscriptions by following subscription management instructions contained in the commercial messages that we send you. You may choose to subscribe to some types of messages, and may choose to unsubscribe from others. You may update your subscription preferences from time to time. Please note that even if you unsubscribe from promotional email or text messages, we may still need to contact you with important transactional information related to your account and your purchases. For example, even if you have unsubscribed from our promotional email or text messages, we will still send you confirmations when you schedule a service through the Loconomics Service.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third party advertising companies online at www.networkadvertising.org/consumer/opt_out.asp.
If you wish to not have your information used for the purpose of serving you interest-based ads, you may opt-out by clicking HERE. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
You may manage how your mobile device and mobile browser share Location Information with Loconomics, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between Loconomics and your social media account or your mobile device.
If you wish to opt out of receiving offers directly from Loconomics Service Professionals or Partners, you can follow the opt-out instructions in the emails that they send you.
7. Accessing and Correcting Personal Information
Keeping Personal Information about you current helps ensure that we offer you the best service offerings available through our Service Professionals and Partners. You can access, update, and delete information you provided for your profile by logging into your account and accessing the "Account" section of the Website or sending us an email at email@example.com.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you Account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and Account information at all times.
If you want to close your account or have other questions or requests, please contact us at firstname.lastname@example.org. While we are ready to assist you in managing your subscriptions, closing your account, and removing your active profile, we cannot always delete records of past interactions and transactions.
We reserve the right to retain information we collect in a way that we believe, in good faith, is appropriate or necessary to take precautions against liability, enforce our Terms of Service, maintain records for financial reporting, resolve disputes, comply with legal obligations or protect Loconomics or its users from fraudulent, abusive, or unlawful uses.
8. Security of Personal Information
The security of your personal information is important to us. Loconomics has implemented an information security program that contains administrative, technical, and physical controls that are designed to reasonably safeguard Personal Information. We follow generally accepted standards to facilitate compliance with HIPAA, including the following technological safeguards to protect the personal information submitted to us, both during transmission and once we receive it:
- a) patient/client information and other sensitive information (such as credit card numbers) are transferred using 168-bit SSL encryption; accounts require secure login with minimum password length enforcement;
- b) the production environment is protected by stand-alone firewalls with access limited to authorized personnel via encrypted channels;
- c) and offsite backups are made daily and stored in an encrypted state.
Loconomics also provides numerous settings and features—including user-specific login, multiple user access levels, and the ability to easily add and remove users—to facilitate procedural standards that enable you to maintain overall HIPAA compliance.
As with any technology, it's incumbent upon you to properly incorporate Loconomics into your business practices and make your own assessment of your resulting overall HIPAA compliance. No method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If you have any questions about security on our Website, you can contact us at email@example.com.
9. Notice to Residents of Countries outside the United States of America
10. Privacy Practices of Third Parties
Except as otherwise expressly provided, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides Loconomics such as other users of the Service or other sites or services, different rules may apply to the use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions and review the policies of any Service Professional or other third party before you disclose your Personal Information. If you access another website through a third party link provided by Loconomics, these other websites may place their own cookies or other files on your computer, collect data, or solicit personally identifiable information from you. We encourage you to read the privacy policies or statements of the other websites you visit.
The Loconomics Service may contain Communities and other areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, and submit media content. Prior to posting in these areas, please read our Terms of Service carefully. All the information you post will be accessible to anyone with Internet access, and any Personal Information you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a public Service Professional review, you may receive unsolicited messages from other parties. Please avoid publicly posting Personal Information. If you have questions about Personal Information posted in our Communities, please contact firstname.lastname@example.org.
12. Facebook Connect
If you are not currently registered as a Loconomics User and you use the Website's Facebook connection functions, you will first be asked to enter your Facebook credentials and then be given the option to register and join Loconomics. Once you register with Loconomics and connect with Facebook, you will be able to automatically post recent Loconomics activity back to your Facebook wall. Please refer to the privacy settings in your Facebook account to manage the performance of your Facebook account.
We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
The Loconomics Service is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian's consent, he or she should contact us at firstname.lastname@example.org. We do not knowingly collect personally identifiable information from minors under 18. If we become aware that a minor under 18 has provided us with personal identifiable information, we will use reasonable efforts to promptly delete such information from our files.
17. California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Loconomics pursuant to Section 1798.83 of the California Civil Code, please contact us via email to email@example.com, or by writing us at the following address: Loconomics Cooperative, Inc.
3150 18th Street Suite 438
San Francisco, CA 94110
Phone Number: (415) 735-6025
Please allow 30 days for a response.
Effective Date: October 1, 2017
1. Status of the Parties
The parties hereby acknowledge and agree that a Service Professional (when applicable) is subject to HIPAA compliance as a covered entity or as a business associate “Covered Entity,” and that Loconomics “Business Associate” may be a Business Associate of Covered Entity under the HIPAA Security and Privacy Rule and the HITECH Act, each defined below.
WHEREAS, Sections 261 through 264 of the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 “HIPAA”, known as “the Administrative Simplification provisions,” direct the U.S. Department of Health and Human Services to develop standards to protect the security, confidentiality, and integrity of health information; and
WHEREAS, pursuant to the Administrative Simplification provisions, the Secretary of Health and Human Services issued regulations modifying 45 CFR Parts 160 and 164 (the “HIPAA Security and Privacy Rule”; and
WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) “ARRA”, pursuant to Title XIII of Division A and Title IV of Division B, called the “Health Information Technology for Economic and Clinical Health” “HITECH” Act, provides modifications to the HIPAA Security and Privacy Rule (hereinafter, all references to the “HIPAA Security and Privacy Rule” are deemed to include all amendments to such rule contained in the HITECH Act, the HIPAA Final Omnibus Rule of 2013, and any accompanying regulations, and any other subsequently adopted amendments or regulations); and
WHEREAS, the Parties wish to enter into or have entered into an arrangement whereby Business Associate will provide certain services to Covered Entity, and, pursuant to such arrangement, Business Associate may be considered a “business associate” of Covered Entity as defined in the HIPAA Security and Privacy Rule (hereby referred to as the “Arrangement Agreement”; and
WHEREAS, Business Associate may have access to Protected Health Information “PHI”, as defined below, in fulfilling its responsibilities under such arrangement;
THEREFORE, in consideration of the Parties’ continuing obligations under the Arrangement Agreement, compliance with the HIPAA Security and Privacy Rule, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree to the provisions of this Business Associate Agreement (the “Agreement” in order to address the requirements of the HIPAA Security and Privacy Rule and to protect the interests of both Parties.
Except as otherwise defined herein, any and all capitalized terms in this Agreement shall have the definitions set forth in the HIPAA Security and Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Security and Privacy Rule, as amended, the HIPAA Security and Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Security and Privacy Rule, but are nonetheless permitted by the HIPAA Security and Privacy Rule, the provisions of this Agreement shall control.
The term “Protected Health Information” or “PHI” shall have the definition set forth in the HIPAA Security and Privacy Rule, limited to PHI that is created, received, maintained, or transmitted on behalf of Covered Entity by Business Associate pursuant to the Agreement. “Protected Health Information” includes without limitation “Electronic Protected Health Information” or “EPHI,” as defined in the HIPAA Security and Privacy Rule, limited to EPHI that is created, received, maintained, or transmitted on behalf of Covered Entity by Business Associate pursuant to the Agreement.
3. Confidentiality and Security Requirements
Business Associate agrees to the following obligations:
- a) Use or Disclosure of PHI. Business Associate agrees to use or disclose any Protected Health Information solely:
- for meeting its obligations as set forth in any agreements between the Parties evidencing their business relationship, for services as described in such agreement(s), or
- as required by applicable law, rule or regulation, or by any accrediting or credentialing organization to whom Covered Entity is required to disclose such information or as otherwise permitted or required under this Agreement, the Arrangement Agreement (if consistent with this Agreement and the HIPAA Security and Privacy Rule), or the HIPAA Security and Privacy Rule, and
- as would be permitted by the HIPAA Security and Privacy Rule if such use or disclosure were made by Covered Entity. All such uses and disclosures shall be subject to the limits set forth in 45 CFR § 164.514 regarding limited data sets and 45 CFR § 164.502(b) regarding the minimum necessary requirements. Business Associate agrees, to the extent that Business Associate is to carry out one or more of Covered Entity’s obligation(s) under Subpart E of 45 C.F.R. Part 164, to comply with the requirements of Subpart E of 45 C.F.R. Part 164 that apply to Covered Entity in the performance of such obligation(s).
- b) Disposition of PHI. Upon termination of this Agreement, if feasible, Business Associate will return or destroy all Protected Health Information received from or created or received by Business Associate on behalf of Covered Entity that Business Associate still maintains in any form and retain no copies of such information. It may not be feasible for Business Associate to return or destroy all copies of Protected Health Information. In such cases, where Business Associate determines, in its sole discretion, that such return or destruction is not feasible, the Parties will extend the protections of this Agreement to the information and Business Associate will limit further uses and disclosures solely to those purposes as originally intended under this Agreement.
- c) Security of PHI. Business Associate agrees to ensure that its agents, including a subcontractor, that create, receive, maintain, or transmit Protected Health Information on behalf of Business Associate agree to the same restrictions and conditions that apply to Business Associate with respect to such information and agree to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of any of such information which is Electronic Protected Health Information.
- d) Notification of Breach of PHI. Business Associate shall, following the discovery of a breach of unsecured PHI, as defined in the HIPAA Security and Privacy Rule, notify the Covered Entity of such breach pursuant to the terms of 45 CFR § 164.410 and reasonably cooperate in the Covered Entity’s breach analysis procedures, including risk assessment, if requested. A breach shall be treated as discovered by Business Associate as of the first day on which such breach is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate. Business Associate will provide such notification to Covered Entity without unreasonable delay and in no event later than twenty (20) calendar days after discovery of the breach. Such notification will contain the elements required in 45 CFR § 164.410.
- e) Permitted Use of PHI. Notwithstanding the prohibitions set forth in this Agreement, Business Associate may use and disclose Protected Health Information:
- if necessary, for the proper management and administration of Business Associate services or to carry out the legal responsibilities of Business Associate, provided that as to any such disclosure,
- the disclosure is required by law; or
- Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; or for data aggregation services, if to be provided by Business Associate for the health care operations of Covered Entity pursuant to any agreements between the Parties evidencing their business relationship, or as mutually agreed in writing by both Parties. For purposes of this Agreement, data aggregation services means the combining of Protected Health Information by Business Associate with the protected health information received by Business Associate in its capacity as a business associate of another covered entity, to permit data analyses that relate to the health care operations of the respective covered entities.
- f) Safeguarding PHI. Business Associate will implement appropriate safeguards to prevent use or disclosure of Protected Health Information other than as permitted in this Agreement or required or permitted by applicable law. Business Associate will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the HIPAA Security and Privacy Rule and will comply, where applicable, with Subpart C of 45 C.F.R. Part 164 with respect to such Electronic Protected Health Information to prevent use or disclosure of such electronic PHI other than as provided for by this Agreement.
- g) Audit of Business Associate’s Records. The Secretary of Health and Human Services shall have the right to audit Business Associate’s records and practices related to use and disclosure of Protected Health Information to ensure Covered Entity’s compliance with the terms of the HIPAA Security and Privacy Rule.
- h) Unauthorized Use of PHI. Business Associate shall report to Covered Entity any use or disclosure of Protected Health Information which is not in compliance with the terms of this Agreement of which it becomes aware. Business Associate shall report to Covered Entity any Security Incident of which it becomes aware.
4. Availability of PHI
Restrictions on Disclosures of PHI.
Business Associate agrees to comply with any requests for restrictions on certain disclosures of Protected Health Information maintained in a Designated Record Set pursuant to Section 164.522 of the HIPAA Security and Privacy Rule to which Covered Entity has agreed and of which Business Associate is notified by Covered Entity, if any.
Business Associate agrees to comply with any requests for preferences of access of Protected Health Information maintained in a Designated Record Set pursuant to Section 164.522 of the HIPAA Security and Privacy Rule to which Covered Entity has agreed and of which Business Associate is notified by Covered Entity, if any. Business Associate agrees to make available Protected Health Information to the extent and in the manner required by Section 164.524 of the HIPAA Security and Privacy Rule. Business Associate agrees to make Protected Health Information maintained in a Designated Record Set available for amendment and incorporate any amendments to Protected Health Information maintained in a Designated Record Set in accordance with the requirements of Section 164.526 of the HIPAA Security and Privacy Rule.
In addition, Business Associate agrees to make Protected Health Information available for purposes of accounting of disclosures, as required by Section 164.528 of the HIPAA Security and Privacy Rule and Section 13405(c)(3) of the HITECH Act. Business Associate and Covered Entity shall cooperate in providing any accounting required on a timely basis.
5. Obligations of Covered Entity
Changes in Authorization.
Covered Entity shall inform Business Associate, in writing and in a timely manner, of any changes in, or withdrawal of, any authorization provided to Covered Entity by any Individual pursuant to 45 CFR § 164.508, to the extent that such changes or withdrawal may affect Business Associate’s use or disclosure of PHI. In addition, Covered Entity shall notify Business Associate, in writing and in a timely manner, of any restriction to the use or disclosure of PHI that Covered Entity has agreed to in accordance with 45 CFR § 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of PHI. Covered Entity shall promptly notify Business Associate of any breach by Covered Entity of any obligation under the HIPAA Security and Privacy Rule as such breach relates to PHI as defined herein. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the HIPAA Security and Privacy Rule if done by Covered Entity, and Business Associate is not required to use or disclose PHI in any manner that would not be permissible under the HIPAA Security and Privacy Rule if done by Covered Entity.
Covered Entity shall disclose to Business Associate only the “Minimum Necessary” amount of PHI for Business Associate to perform the services in Arrangement Agreement and its rights and obligations under this Agreement, and only in compliance with the HIPAA Security and Privacy Rule.
6. Term and Termination
This Agreement shall commence when the Covered Entity begins using the Loconomics Service and shall continue until (a) either party terminates this Agreement in writing; or (b) all PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity.
Termination for Cause.
Notwithstanding anything in this Agreement to the contrary, either Party shall have the right to terminate this Agreement upon thirty (30) days written notice and opportunity to cure to the other Party if the Party reasonably determines that the other Party has violated any material term of this Agreement. If the other party fails to timely cure the violation, the non-violating party may terminate this Agreement.
No Third Parties.
Except as expressly stated herein or within the HIPAA Security and Privacy Rule, the Parties to this Agreement do not intend to create any rights in any third parties.
Entire Agreement, Amendments, Assignment, Relationship, Waiver, Governing Law.
This Agreement is the entire agreement between the parties in connection with the subject matter herein and this Agreement may be amended or modified only in a writing signed by the Parties. Either party may assign, sublicense, delegate or transfer all or any portion of its rights or responsibilities under this Agreement by operation of law or otherwise to any subsidiaries or affiliates thereof, or to any other party, in connection with a sale of the business related to this Agreement or to the Arrangement Agreement. Any assignment of this Agreement by Business Associate in connection with a sale of this business shall relieve Business Associate from any further liability hereunder. None of the provisions of this Agreement are intended to create, nor will they be deemed to create any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. This Agreement will be governed by California law, without regard to its choice of law provisions. No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing or other obligation, or shall prohibit enforcement of any obligation, on any other occasion. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Agreement fails to comply with the then-current requirements of the HIPAA Security and Privacy Rule, including any then-current requirements of the HITECH Act or its regulations, such Party shall notify the other Party in writing. For a period of up to thirty (30) days, the Parties shall address in good faith such concern and amend the terms of this Agreement, if necessary to bring it into compliance. If, after such thirty (30)-day period, the Agreement fails to comply with the HIPAA Security and Privacy Rule, including the HITECH Act, then either Party has the right to terminate upon written notice to the other Party.
The Parties agree that, in the event that any documentation of the Arrangement Agreement pursuant to which Business Associate provides services to Covered Entity contains provisions relating to the use or disclosure of Protected Health Information that are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will control. The provisions of this Agreement are intended to establish the minimum requirements regarding the Parties’ use and disclosure of Protected Health Information.