Welcome to LocoGopher.
This Agreement includes Aggiro’s policy for acceptable use of The LocoGopher Services and Content posted on The LocoGopher Website, your rights, obligations and restrictions regarding your use of The LocoGopher Services and LocoGopher’s Privacy Policy. In order to participate in certain LocoGopher Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the LocoGopher Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Aggiro may modify this Agreement from time to time and such modification shall be effective upon posting by LocoGopher on The LocoGopher Website. You agree to be bound to any changes to this Agreement when you use The LocoGopher Services after any such modification is posted.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
The LocoGopher service and network (collectively called "the Service") is operated by Aggiro Inc. and its corporate affiliates (collectively, "us", "we" or "LocoGopher"). By accessing or using our web site at www.locogopher.com, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use Agreement" or "Agreement"), whether you are a "Visitor" or “User” (which means that you simply browse The LocoGopher Website) or you are a "Member" (which means that you have registered with LocoGopher).

We reserve the right, at our sole discretion, to add, modify, delete, or change portions of this Agreement at any time without further notice. If we do this, we will post the changes to the Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use Agreement.  If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Service or the Site.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use Agreement and to review such changes.

You are only authorized to use LocoGopher Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.

Please choose carefully the information you post on LocoGopher services, and that you provide to other Users. Your LocoGopher reviews, classified ads and any other postings, may not include the following items:  Any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information found on LocoGopher, wrongly supplied by its users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and LocoGopher assumes no responsibility or liability for this material. If you become aware of misuse of The LocoGopher Services by any user, member, or business, please contact LocoGopher or click on the "Report Inappropriate Content" link at the bottom of any LocoGopher page.

LocoGopher reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the LocGopher Services at any time, for any and or no reason, with or without prior notice, and without liability.

Privacy Policy / Registration information Account Security
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data") where required; (b) maintain the security of your password and identification where required; (c) maintain and promptly update the Registration Data, and any other information you provide to LocoGopher, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account, its content and for any actions that take place using your account.

Eligibility
Use of and Membership in LocoGopher and its Services is void where prohibited. By using The LocoGopher Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of The LocoGopher Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.

Termination
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, LocoGopher has adopted a policy of terminating, in appropriate circumstances and at LocoGopher's sole discretion, members who are deemed to be repeat infringers. LocoGopher may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Content
Everything that you post here including but not limited to, messages, reviews, files, images, photos, video, audio, text, placed on, or transmitted through are the sole responsibility of the poster, be that poster a user, member or a business. You understand that LocoGopher doesn’t control and as such is not responsible for any content made available through this service that you may be exposed to. Any content you post that is deemed questionable by LocoGopher, including but not limited to, profanity, offensive, indecent, inaccurate, fraudulent, and misleading or is objectionable in any manner is completely independent of LocoGopher. LocoGopher makes no promise or warranty that the information contained herein is accurate, complete or even authentic. If you link to other websites you do so at your own risk. You agree that you must evaluate and bear all risks associated with the use of any content and that under no circumstances will LocoGopher be held liable for any inappropriate content or for any loss or damage of any kind incurred as a result of the use of the content posted, emailed or otherwise made available using this service. Further you acknowledge that LocoGopher does not prescreen or approve the content on this site. LocoGopher has the right, but is under no obligation, under its sole discretion to refuse, delete, or move any content that is available using this service. Further offenders may face being banned from this site with no warning should the offence be deemed by LocoGopher to warrant such action.

User Conduct
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.  In addition, you agree not to use The LocoGopher Service or the Site to:

• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
• Change, reverse engineer, alter or translate any portion of the LocoGopher Site and/or the LocoGopher Service;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Stalk or harass anyone;
• Interfere with or disrupt the LocoGopher Service or servers or networks connected to the LocoGopher Service, or disobey any requirements, procedures, policies or regulations of networks connected to the LocoGopher Service;
• You further agree not to harvest or collect email addresses or other contact or posted information of Users or Businesses from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose;
• You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Create any member information using automated means or with the intent to post false or fraudulent content;
• You agree to post only content that you believe to be true and is not in violation of the terms of this end user license agreement.
• You may not make assertions that posted content is sponsored or endorsed by LocoGopher;
• Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of LocoGopher, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose LocoGopher or its Users to any harm or liability of any type;
• Remove any copyright, trademark, or other proprietary rights notices contained on the LocoGopher site and/or service:
• Post patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, including information that exploits people in a sexual or violent manner.

Password
Users will not need a password but users will not be able to participate in many of the services available within LocoGopher. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify LocoGopher immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Proprietary Rights
All content on the Web site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of LocoGopher, its Users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without LocoGopher’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Site Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of LocoGopher, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

Content Posted
LocoGopher may delete any Content that in the sole judgment of LocoGophger violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. LocoGopher assumes no responsibility for monitoring The LocoGopher Services for inappropriate Content or conduct. If at any time LocoGopher chooses, in its sole discretion, to monitor The LocoGopher Services, LocoGopher nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of The LocoGopher Services, and any material or information that you transmit to other Members and for your interactions with other Users. LocoGopher does not endorse and has no control over the Content. Content is not necessarily reviewed by LocoGopher prior to posting and does not necessarily reflect the opinions or policies of LocoGopher or its subsidiaries, affiliates or parent companies. LocoGopher makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively the "User Content"). You understand and agree that LocoGopher may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of LocoGopher violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to LocoGopher an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will remain in effect for only previously posted content. LocoGopher does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to The LocoGopher Services. After posting your Content to The LocoGopher Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through The LocoGopher Services, you hereby grant to LocoGopher a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through The LocoGopher Services.
Without this license, LocoGopher would be unable to provide The LocoGopher Services. For example, without the right to modify Member Content, LocoGopher would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, LocoGopher could not allow Users to listen to music posted by Members. The license you grant to LocoGopher is non-exclusive (meaning you are free to license your Content to anyone else in addition to LocoGopher), fully-paid and royalty-free (meaning that LocoGopher is not required to pay you for the use on The LocoGopher Services of the Content that you post), sub-licensable (so that LocoGopher is able to use its affiliates and subcontractors such as Internet content delivery networks to provide The LocoGopher Services), and worldwide (because the Internet and The LocoGopher Services are global in reach). This license will remain in effect at the time you remove your Content from The LocoGopher Services in regards to previously posted content. The license does not grant LocoGopher the right to sell your Content, nor does the license grant LocoGopher the right to distribute your Content outside of The LocoGopher Services save for possible advertising where applicable.

Coupons
LocoGopher assumes no responsibility or liability for any coupons which are or are not honored by the respective business. If multiple complaints are received about particular businesses practices they will be monitored and possibly banned from the site if the complaints are given weight by their actions.

Classified Ads
LocoGopher encourages the user to use caution when dealing with other advertisers. While most advertisers will deal honestly with you, you are encouraged to deal only on a local basis with products or services that can be seen in person. All aspects of this agreement hold true within the classified ads section. Those who are caught violating this agreement will be banned and blocked from this site. LocoGopher will in no wise be help responsible for any interaction between any seller or buyer using this website.

Reviews
 While reviews become the property of LocoGopher they are not endorsed by LocoGopher. Reviews do not reflect the views of LocoGopher or anyone employed by, or associated with ownership of LocoGopher. LocoGopher assumes no responsibility or liability for any review or any claims, damages, or loses resulting from the use of this site or anything contained upon it.

Links to other websites and content
The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by LocoGopher, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
LocoGopher offers a feature whereby Users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Content shared through the Share Service is subject to, and will fully comply with the User conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
LocoGopher may contain links to other Web sites that are not owned or operated by LocoGopher, its affiliates or parent companies, and are separate and independent from our site. Visiting such other Web sites from LocoGopher is done at your own risk. We are not responsible for, and cannot guarantee, the availability or operation of these links, nor are we responsible for the performance or quality of any products, services, content or other materials made available on or offered through the linked sites. A link to another Web site does not constitute our endorsement of that site, nor of any product, service, content or other material offered on that site.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to LocoGopher are non-confidential and shall become the sole property of LocoGopher. LocoGopher shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimers
LocoGopher is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or in connection with the LocoGopher Service, whether posted or caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. LocoGopher is not responsible for the conduct, whether online or offline, of any User of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. LocoGopher assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. LocoGopher is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will LocoGopher be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND LocoGopher DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LocoGopher CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. LocoGopher DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL LocoGopher OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF LocoGopher IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LocoGopher'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LocoGopher FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL LocoGopher'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO LocoGopher FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM LocoGopher, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold LocoGopher, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

 ©2007 Aggiro Inc. All Rights Reserved