Privacy Policy

LOOK INC – H2 FUELING MOBILE APP –  TERMS OF SERVICE

 

These Terms of Service (“Terms”) govern your rights and obligations regarding the use of Look, Inc.’s mobile application (“Services”).  Look, Inc. (“we.” “us,” or “Look”) provides the Services.  “You” refers to you as a user of the Services.

BY CLICKING “I AGREE” AT THE END OF THESE TERMS OR BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.

  1. Eligibility

The Services are intended for use by operators of Fuel Cell Vehicles, Station Operators and others interested in hydrogen station reliability, who are legally authorized to drive.  As such, you must be at least 13 years old to use the Services.  If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.

  1. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.

  1. Services

The Services are designed to improve Fuel Cell Vehicle owners’ fueling experience by providing them access to crowd-sourced fueling station data such as fuel price and station availability.  Look will collect fueling event information like KGs dispensed, SOC, fueling time, and other fueling metadata provided by users of the Services.  The Services provide the ability to generate performance metrics by station, region, station operator, and equipment provider as well as improve the accuracy of the stations reported uptime percentages. The Services also allow users to provide feedback to Look and improve visibility to customer issues at the time of fueling.

 

The information provided by the Services originates from other users of the Services and/or external systems from time to time. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Look does not provide any warranties to such information’s credibility or reliability.

 

YOU SHOULD NOT ACCESS THE SERVICES OR PROVIDE UPDATES WHILE DRIVING.

 

The Internet connection required to use the Services, and any associated charges (e.g. mobile data expenses) incurred by your use of the Services are your exclusive responsibility and made solely at your expense . Transmitting and receiving real-time updates to and from the Services, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

 

  1. User Content

The Services allow you to upload, submit, store, send, or receive content and data (“User Content”).  You retain ownership of any intellectual property rights that you hold in your User Content.

When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content on other websites and media.  THE USER CONTENT MAY BE SHARED FOR QUALITY IMPROVEMENT AND RESEARCH PURPOSES AND WITH THIRD PARTIES SUCH AS AUTO MANUFACTURERS, STATION OPERATORS, EQUIPMENT PROVIDERS AND OTHERS.  This license is for the limited purpose of operating, promoting, and improving users’ fueling experience, the Services, and to develop new Services.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  The Services are designed for users located in the United States but we may exercise our rights under this license anywhere in the world.  We may sublicense our rights to End Users and otherwise as needed to provide the Services.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services.  You agree that we may display advertising with or in connection with your User Content.

You represent and warrant that:

  • you own all rights in and to your User Content and that you have the right to give us the rights described above;
  • you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

Any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your User Content.  None of your User Content will be subject to any obligation of confidence on our part and we will not be liable for any use or disclosure of any User Content you provide.

We may refuse to accept or transmit User Content for any reason.  We may remove User Content from the Services for any reason.

User Content submitted by users for publication does not reflect the views of Look. Publishing User Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

  1. Ownership

Other than User Content, we own or license all right, title, and interest in and to (a) the Services, including all software, text, media, and other content available on the Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Services, Our Content, and Marks are all protected under U.S. and international laws.  The look and feel of the Services are copyright © Look, Inc.  All rights reserved.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.

  1. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Services, you may not:

  • use the Services for commercial purposes;
  • violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, scrapping or data mining or participate in the use of software, including spyware, designed to collect data from the Services;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

You acknowledge that we are not obligated to monitor your (or any other person’s) access to or use of the Services, but we have the right to do so in order to operate the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

  1. Privacy

Your privacy is very important to us.  Look collects certain personally identifiable information such as verified Vehicle Identification Number and users’ email addresses, usernames and passwords. You are responsible for maintaining the confidentiality of your account informationincluding your username and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

  1. Third Party Content and Interactions

The Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general.  Your interactions with organizations or individuals, including End Users, found on or through the Services are solely between you and such organizations or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties.  You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.  If there is a dispute between users of the Services, or between users and any third party, you understand and agree that we are under no obligation to become involved.  In the event that you have a dispute with any other user of the Services, you hereby release us and our affiliates, and all of our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Services.  YOU HEREBY waive ANY APPLICABLE STATE STATUTE, which provides:  A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

  1. Independent Contractor

You and Look agree and declare that these Terms create an independent contractor relationship and it is the parties’ express intent that their relationship be interpreted and held to be that of independent contractor for all purposes.  You are not a joint venturer with, or franchisee, partner, agent, or employee of Look.  You are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms.  We have no right to, and will not, control the manner or determine the method of accomplishing your performance.  You assume sole liability for and will pay all employment taxes (including Social Security), income taxes, and other reports required by your activities under these Terms and will abide by all federal, state, and local laws governing your performance under these Terms.  You will use your own equipment to perform your obligations under these Terms.  You are solely responsible for making any disclosures required by law or any agreements you may have with any third parties to any person or entity regarding your performance under this Agreement.  The parties’ relationship is non-exclusive, meaning that you can provide similar services to other organizations on terms and at times determined by you and that we can and do engage others to provide similar services to those contemplated by these Terms.

  1. Links

The Services may contain links to other websites and online resources.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.

  1. Changes to the Services

We enhance and update the Services often.  We may change or discontinue the Services at any time, with or without notice to you.

  1. Discontinued Use of Services

You may discontinue use of Services at any time by deleting the Services from your mobile device.  We reserve the right to not provide the Services to any person.  We also reserve the right to terminate any user’s right to access the Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Services automatically terminates.

  1. Disclaimer and Limitations on Our Liability

YOU USE THE SERVICES AT YOUR OWN RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, LOOK AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, LOOK AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES.  LOOK AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES.

LOOK EXERTS EFFORTS TO PROVIDE YOU WITH HIGH QUALITY AND SATISFACTORY SERVICES. HOWEVER, WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORIZED ACCESS TO LOOK’S COMPUTERS AND SERVERS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, SOFTWARE FAILURES AND SOFTWARE COMMUNICATION FAILURES, ORIGINATING EITHER IN LOOK OR ANY OF ITS PROVIDERS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER FORM OF LIABILITY, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Indemnification

You agree to indemnify and hold harmless Look and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, (a) any actual or alleged breach of these Terms by you or anyone using your account, (b) your, or anyone using your account, violation of any laws or regulations, or (c) your gross negligence or willful misconduct.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  1. Alternative Dispute Resolution

Any dispute arising out of or relating to this Terms or the Services (including without limitation, any alleged violation of this Terms, any controversy relating to the interpretation or enforceability of this Section, the arbitrability of any dispute, or any claim that these Terms (or any part thereof) are invalid, illegal or otherwise voidable (or void)) (collectively, “Disputes”) shall be resolved in accordance with the procedures specified in this Section, as follows, which shall be the sole and exclusive procedures for the resolution of any such Disputes:

15.1     Negotiation. You and Look shall attempt promptly and in good faith to resolve any Dispute arising out of or relating to the Terms or the Services by negotiation.

15.2     Mediation. If any Dispute should arise between you and Look which cannot be resolved through negotiation, the parties shall endeavor to settle the Dispute by mediation. Either you or Look may request in writing that the other party mediate the Dispute; such notice shall set forth the subject of the Dispute and the relief requested. Unless the parties otherwise agree, the mediation shall be conducted by a mediator affiliated with and under the rules of: ADR Services, or JAMS or the International Institute for Conflict Prevention and Resolution (formerly known as the CPR Institute for Dispute Resolution) (“CPR”). The selection of an organization by the parties shall be made within ten (10) business days after a party requests mediation of a Dispute pursuant to this provision. If an organization/judge and applicable rules have not been agreed upon within such ten-day period, then the Dispute shall be mediated in accordance with the CPR Mediation Procedure and a single mediator shall be chosen by CPR.

15.3     Arbitration. If within the earlier of (a) forty-five (45) days of the first mediation session, and/or (b) ninety (90) days of the original notice of a Dispute, the Dispute is not resolved, either party may serve the other party with a written notice of binding arbitration. Unless You and Look otherwise agree, the arbitration shall be conducted by and under the commercial arbitration rules of the same organization that conducted the mediation. The arbitration shall be conducted by a single arbitrator, as mutually agreed upon by You and Look within twenty (20) days after the date on which arbitration is invoked, or in the event the parties are unable to reach agreement on an arbitrator within such time frame, either party may request appointment of an arbitrator by the Center for Public Resources.

15.5     Provisional Remedies. Notwithstanding the provisions of this Section, You or Look may file a complaint limited to seeking provisional judicial relief pending the outcome of the mediation and/or arbitration provided by this Section.

15.6     Governing Law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., to the exclusion of state laws inconsistent therewith and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction thereof.

15.7     Venue. The place of arbitration shall be Los Angeles, Los Angeles County, California.

15.8     Confidentiality. All negotiations and proceedings pursuant to this Section are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law.

15.9     THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR LOOK WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

  1. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Services will be filed only in the state or federal courts located in Los Angeles County, Californianbsp; You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.  You may not assign or transfer your rights in and to the Services, without the prior written consent of Look.

  1. Changes to these Terms

From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms.  Those changes will go into effect on the Revision Date shown in the revised Terms.  By continuing to use the Services, you are agreeing to the revised Terms.