/Privacy Policy & Terms Of Service
Privacy Policy & Terms Of Service2018-11-14T19:46:19+00:00

Privacy Policy & Terms of Service

These Terms of Use (“Terms”) create a legally binding agreement between you and Laid Off Better Off and its affiliates (which we may refer to as “LOBO,” “we,” “us,” or “our”) regarding your use of this website, or any LOBO digital experience, social media page, mobile website, mobile application, or other LOBO product or service (the “Platform”).PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM.

  1. Terms May Change. We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you do not agree to them, please stop using the Platform. If you continue to use the Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
  2. Age Restriction. You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. We do not knowingly collect personal information from children under the age of 13.
  3. Account Registration. When you register for an account with us, the following rules apply:
    • Provide accurate and current registration information.
    • Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
    • Inform LOBO immediately of any unauthorized use of your account. You are responsible for anything that happens through your LOBO account – with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LOBO IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
  4. Privacy Policy.
    • Data LOBO Collects.
      • We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact customer service, request to receive communications, create an account, or use the Platform. This personal data includes your contact details such as name, email, telephone number, shipping address, billing address; login and account information, including screen name, password, unique user ID, purchase history, payment or credit card information; and user-provided content such as images, photos, videos, and personal preferences including your marketing preferences.
      • When interacting with the Platform, certain data is automatically collected from your device or web browser. This data includes cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.
      • In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
    • Do Not Track. At this time, we do not respond to “do not track” signals sent by web browsers.
    • How LOBO Uses Your Personal Data.
      • When you use the Platform, we will use your personal data to provide the requested product or service. We may also use the contact details you provide to send you marketing communications about similar LOBO products or services, where permitted by applicable law (unless you have opted-out). In other cases, we ask for your consent to send you marketing information.
      • We use the personal data you provide to us to operate our business. We may use personal data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer the Platform. We use data about how our visitors use the Platform to understand customer behavior or preferences and improve our product offerings.
      • We may use personal data about how you use the Platform to prevent, detect, or investigate fraud, abuse, illegal use, violations of our Terms, and to comply with court orders, governmental requests or applicable law.
      • We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
    • Sharing of Your Personal Data. LOBO shares your personal data with:
      • Third party service providers processing personal data on LOBO’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features.
      • Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of the Platform or violations of the Terms and our policies; (iii) defend ourselves against third party claims.
      • To any other third party where you have provided your consent.
      • We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
    • Your Sharing. When you use certain social features on the Platform, you can create a public profile that may include information such as your screen name and profile picture. You can also share content with the public, including information about your Platform activity.
    • Protection and Management of Your Personal Data.
      • Encryption & Security. We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, to maintain the safety of your personal data. Despite our efforts, no website, mobile application, database or system is completely secure or “hacker proof.” You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
      • Retention of your personal data. We retain your personal data for as long as necessary to fulfil the purposes described in these Terms, unless otherwise required by law. For example, we keep your account profile information for as long as you keep your LOBO account, but, we may keep your order history longer to comply with legal obligations.
      • Managing your personal data. You may have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability); (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data in certain circumstances provided by applicable law. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us.
      • Managing your content. You can request removal of your posted User Content (defined below) on the Platform, but please note that removal may not encompass all possible locations, for example, back-ups or interactions by other users initiated prior to removal.
      • Managing your communications. If you have a LOBO account, you can opt-out of receiving LOBO’s marketing communications by modifying the preferences in your account settings. Alternatively, you can opt-out by following the opt-out or unsubscribe instructions in the message or by contacting us.
    • Cookies and Pixel Tags.
      • LOBO collects information, which may include personal data, from your browser when you use the Platform. We use a variety of methods, such as cookies and pixel tags to collect this information. We use these methods to track usage of the Platform and to understand our customers’ preferences. This enables us to provide services to our customers and improve their online experience. We also use these methods to obtain aggregate data about site traffic and site interaction, to identify trends and obtain statistics so that we can improve the Platform. Third parties may also collect information via the Platform through cookies, third party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.
      • Your browser can help you manage cookies. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings on each browser and device that you use. If you turn cookies off, you may not have access to many features that make the Platform more efficient and some of our services will not function properly.
    • Using the Platform with Third-Party Products and Services. The Platform allows you to interact with a wide variety of other digital products and services. For example, the Platform can integrate with third-party devices for activity tracking, social networks, and other digital services. If you choose to connect your LOBO account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your LOBO activity on third-party social media platforms, the policies of those platforms govern the data that resides there. The Platform may provide links to other (third-party) websites and apps for your convenience or information. Linked websites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by LOBO, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
  5. Ownership of Content.
    • Except for User Content (defined below), all of the content on our Platform – including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by LOBO or others we license Content from, and is protected by copyright, trademark, patent and other laws. LOBO reserves all rights not expressly described in these Terms.
    • All trademarks, service marks and trade names are owned, registered and/or licensed by LOBO. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
    • You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
    • To the extent LOBO approves the download or use of Content comprised of copyrights or copyrightable works, LOBO grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as LOBO makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. LOBO reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. LOBO reserves the right to take down any Content in violation of these terms or LOBO’s intellectual property rights. LOBO allowing you this limited use does not constitute a waiver of any of LOBO’s rights to the Content.
    • Outside of the specific usage rights granted to you by LOBO in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without LOBO’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
  6. User Content.
    • User Content License. Some parts of the Platform allow you to post photos, videos, comments, and other content, which we refer to as “User Content.” LOBO is not responsible for User Content others post to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to LOBO as described below:
      • You represent that you have the right to post your User Content, and you grant LOBO a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. LOBO may, in its sole discretion, remove any User Content at any time.
      • You understand that deleted User Content may persist in LOBO’s systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
    • License to Use Comments, Feedback and Ideas. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to LOBO a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
  7. User Rights and Responsibilities.
    • Only post User Content to the Platform if you have all permissions and rights needed to make that User Content available, including from any individuals who appear or are mentioned in your User Content.
    • Do not use any data mining, robots, scraping or similar data gathering methods or automated technology to interact with the Platform.
    • Do not post any advertising, solicitation or commercial content on the Platform or accept payment from a third party in exchange for performing commercial activity on the Platform.
    • Do not post User Content, link to a website, or do anything that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate or which violates any applicable laws, including anything that may disrupt, damage, disable, tamper with, overburden or limit the functionality of the Platform. LOBO has the right to prescreen, monitor, or remove User Content – but we have no obligation to do so.
    • To the extent allowed by applicable law, we are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions. Do not collect or solicit personal information from other Platform users or send unsolicited messages.
  8. Copyright Infringement and Takedown Notices.
    • Please consult your legal advisor before filing a takedown notice with us because there may be penalties for false claims. LOBO may terminate the accounts of Platform users found to infringe third party copyrights.
    • If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information: name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; a description of the copyrighted work that you claim has been infringed; a description of where on the Platform the content that you claim is infringing is located; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury (depending on applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

8.3 Send copyright infringement complaints to:
Laid Off Better Off (Attn: Copyright Claims)
4242 N Vancouver Ave Apt 102
Portland, OR 97217

Telephone: (971) 361-4549
Email: mike@laidoffbetteroff.com

  1. WARRANTY; DISCLAIMER. The Services are designed to provide what LOBO believes to be competent and reliable information regarding the subject matter covered. Services are provided, however, with the understanding that LOBO is not engaged in rendering legal, accounting, financial, or other professional advice or services. No information provided by LOBO should be considered a solicitation, offer, or recommendation for the purchase or sale of any securities or other financial products. Laws and practices often vary from state to state and if legal or other expert assistance is required, the services of a professional should be sought. Neither the Content nor the User Content is intended to provide the basis for any particular financial decision; is not a substitute for the advice of a competent, licensed professional; and is not a recommendation or an offer to purchase or sell any security. LOBO specifically disclaims any warranty as to your results related to use of the Content or the User Content.EXCEPT FOR THE REPRESENTATIONS, WARRANTIES, AND PROMISES SET FORTH IN THIS AGREEMENT, LOBO MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS THE WARRANTIES OF FITNESS OF PURPOSE AND MERCHANTABILITY. NO AGENT OR REPRESENTATIVE OF LOBO IS AUTHORIZED TO MAKE ANY REPRESENTATION OR PROMISE ON BEHALF OF LOBO OTHER THAN THOSE CONTAINED HEREIN.
  2. YOU AGREE TO RELEASE LOBO, AND ITS OWNERS, OFFICERS, MEMBERS, SUBCONTRACTORS OR ANYONE EMPLOYED DIRECTLY OR INDIRECTLY BY ANY OF THEM OR ANYONE FOR WHOSE ACTS LOBO MIGHT BE LIABLE, FROM ANY AND ALL CLAIMS FOR DAMAGE THAT YOU MIGHT SUFFER OR FOR WHICH YOU MIGHT BE LIABLE TO OTHERS. THIS RELEASE SHALL APPLY TO ANY CLAIM EVEN IF CAUSED BY THE NEGLIGENCE OF LOBO OR THOSE FOR WHOM LOBO IS RESPONSIBLE. THIS PROVISION DOES NOT RELEASE CLAIMS FOR PERSONAL INJURY OR CLAIMS FOR INTENTIONAL MISCONDUCT.The Platform, Content, and the materials and products on this Platform are provided “AS IS.” TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LOBO IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.LOBO does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
  3. Termination. LOBO may terminate or modify the Platform, member program, product or service at any time without notice. LOBO may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to LOBO, subject to applicable law. You understand and agree that some of your User Content may continue to appear publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law. These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
  4. Choice of Law/Jurisdiction. You agree that this Platform is a passive platform solely based in Oregon, USA, which does not give rise to personal jurisdiction over LOBO in jurisdictions other than Oregon. You agree that the Platform, Terms, and any dispute between you and LOBO shall be governed in all respects by Oregon law, without regard to choice of law provisions. You agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of LOBO products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon, USA. You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon. All claims shall be brought within one year after the claim arises, except to the extent a longer period is required by applicable law.
  5. Electronic Communications. By using the Platform, you agree to receive certain electronic communications from LOBO, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that LOBO sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  6. Right to Assign, No Waivers, Severability. LOBO may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law, but this will not affect your rights or our obligations under these Terms. LOBO’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or LOBO’s rights. Users should always assume these Terms apply. If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.

Date of last revision: November 2018