Terms of Service
LOLO, LLC
MERCHANT TERMS AND CONDITIONS
Effective date 10/6/16
The Terms and Conditions described herein constitute a legal agreement (the "Terms and Conditions") between the sole proprietor or business organization listed as the "Client" (sometimes referred to as "you," or "your") on the Merchant Service Agreement (the “MSA”) and Lolo, LLC ("LOLO"). During the length of the MSA, LOLO will provide the LOLO services and/or programs (collectively, "LOLO Services") described in the MSA separately executed by you, together with all exhibits attached thereto. “Merchant Offering” means the goods and/or services to be provided by you in connection with the LOLO Services.
In the event of any inconsistency among terms and conditions of the MSA and these Terms and Conditions (collectively, sometimes referred to herein as the "Agreement"), the order of control shall be: (i) the MSA, (ii) these Terms and Conditions, and (iii) any other exhibits, addenda or attachments to these Terms and Conditions including any links contained in the MSA or these Terms and Conditions, which are incorporated by reference herein. Any capitalized terms that are not defined in these Terms and Conditions have the meanings ascribed to them in the MSA. For purposes of clarity, these Terms and Conditions are incorporated by reference into the MSA executed by you, and, together with the MSA and all attachments thereto, govern your use of all LOLO Services.
1. Our Services
The LOLO Services allow certain local merchants to coordinate in providing consumers with a rewards-based incentive program designed to encourage consumers to shop within that network of local merchants (the “LOLO Network”). Specifically, LOLO provides a system in which consumers who use their credit or debit cards to make purchases within the LOLO Network automatically receive LoDough, a form of Reward currency recognized and accepted by the LOLO Network, which is awarded at a certain percentage of the consumers’ purchase. LOLO is not a payment gateway or merchant account provider and we do not assume any direct or indirect liability or responsibility for your agreements with payment gateways or merchant account providers supported on our platform.
MERCHANT UNDERSTANDS THAT, SUBJECT TO ANY APPLICABLE RESTRICTIONS, LODOUGH WILL BE AWARDED TO ALL REGISTERED LOLO CONSUMERS WHO PURCHASE MERCHANT’S GOODS/SERVICES. MERCHANT WARRANTS THAT IT WILL ACCEPT LODOUGH AWARDED TO REGISTERED LOLO CONSUMERS THROUGH OTHER MERCHANTS IN THE LOLO NETWORK AS A CASH SUBSTITUTE, SUBJECT TO ANY RESTRICTIONS OR LIMITATIONS PLACED ON SUCH REDEMPTION BY MERCHANT. MERCHANT IS SOLELY RESPONSIBLE FOR NOTIFYING CONSUMERS OF ANY SUCH RESTRICTIONS.
2. Customer Service
We will provide you with customer service to resolve any issues relating to your LOLO account. You, and you alone, are responsible for providing service to your customers for any and all issues related to your Merchant Offerings.
3. Security
LOLO acknowledges its responsibility for protecting the security of Card Data (defined as a cardholder's account number and expiration date) in our possession and will maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes.
You are fully responsible for the security of customer data in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, card, or transaction information (defined as "Data"). When applicable, you agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS).
5. Customer Data Restrictions
"Customer Data" means all identifiable information about purchasers generated or collected by LOLO or Merchant, including, but not limited to, purchasers' name, shipping addresses, email addresses, phone numbers, purchaser preferences and tendencies, and financial transaction data.
Merchant represents, warrants and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose, unless required by applicable law.
As long as Merchant uses Customer Data in compliance with applicable law and Merchant's posted privacy policy, restrictions stated in this Agreement on Merchant's use of Customer Data do not apply to: (i) data from any customer who is already a customer of Merchant before the Effective Date, if such data was provided to Merchant by such customer independent of this Agreement or any transaction hereunder; or (ii) data supplied by a customer directly to Merchant who becomes a customer of Merchant in connection with such customer explicitly opting in to receive communications from Merchant.
Merchant shall immediately notify LOLO if Merchant becomes aware of or suspects any unauthorized access to or use of Customer Data or any confidential information of LOLO, and shall cooperate with LOLO in the investigation of such breach and the mitigation of any damages. Merchant will bear all associated expenses incurred by LOLO to comply with applicable laws (including, but not limited to, any data breach laws) or arising from any unauthorized access or acquisition of Customer Data while such data is in Merchant's reasonable possession or control. Upon termination or expiration of this Agreement, Merchant shall, as directed by LOLO, destroy or return to LOLO all the Customer Data in Merchant's or any agent of Merchant's possession.
6. Privacy of Others
You represent to LOLO that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to LOLO, or allow LOLO to collect, use, retain and disclose any Customer Data that you provide to us or authorize us to collect, including information that we may collect directly from your end users via cookies or other means. If you receive information about others, including cardholders, through the use of the LOLO Services, you must keep such information confidential and only use it in connection with the LOLO Services.
7. LOLO Privacy Policy
All LOLO users must agree to the LOLO Privacy Policy (the “ LOLO Privacy Policy”), which is viewable on the LOLO website at www.join.loloeffect.com/privacy-policy/ (the “Site”) and appended at the end of these Terms and Conditions. By using the LOLO Services, you acknowledge that you have read the LOLO Privacy Policy and agree that if your Privacy Policy is in any way less protective of users’ privacy than the LOLO Privacy Policy, you will adhere to the more protective policy set forth in the LOLO Privacy Policy.
8. Restricted Use
You are required to obey all laws, rules, and regulations applicable to your use of the LOLO Services and we reserve the right to restrict access to the LOLO Service by any person that is considered a Prohibited Business.
Merchant agrees that in providing the Merchant Offering, Merchant will not inflate prices or impose any additional fees, charges, conditions or restrictions that contradict or are inconsistent with the normal business practices of Merchant. Unless disclosed to all Merchant customers, Merchant further agrees not to impose different terms or a different cancellation policy than what is imposed on its non-LOLO customers.
Merchant is responsible for all customer service in connection with the Merchant Offering and for supplying all goods and services stated in the Merchant Offering. Merchant is also responsible for any customer loyalty programs associated with the Merchant Offering.
9. Prohibited Businesses
The following categories of merchants and business practices are prohibited from using the LOLO Service (“Prohibited Business”). By signing up for a LOLO account you acknowledge and confirm that you will not use the LOLO Service in connection with any of the following businesses, business activities or business practices: (i) online or other non-face-to-face tobacco, e-cigarette sales, or related items (such as personal vaporizers); (ii) marijuana or other drug dispensaries and related businesses, including paraphernalia; (iii) online or other non-face-to-face pharmacies or pharmacy referral services; (iv) pseudo pharmaceuticals or substances designed to mimic drugs; (v) weapons and munitions; (vi) sexually-orientated or pornographic products or services; (vii) gambling, including lotteries, Internet gaming, contests, or sweepstakes; (viii) sports forecasting or odds making; (ix) multi-level marketing or pyramid schemes; (x) negative response marketing; (xi) telemarketing; (xii) engaging in deceptive marketing practices; (xiii) sharing cardholder information with another merchant for payment of up-sell or cross-sell product or service; (xiv) selling social media activity, such as Twitter followers, Facebook likes, or YouTube views; (xv) bail bonds; (xvi) counterfeit products; (xvii) illegal products or services; (xviii) any product or service that infringes upon the copyright, trademark, or trade secrets of any third party; (xix) credit card and identity theft protection; (xx) bidding fee auctions; (xxi) collection agencies; (xxii) Embassies, foreign consulates, or other foreign governments; (xxiii) firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counseling, repair or protection, or real estate purchases with no money down; (xxiv) essay writing services; (xxv) psychic services; (xxvi) mail-order brides; (xxvii) extended warranties; (xxviii) “get rich quick” schemes; (xxix) securities brokers; (xxx) prepaid phone cards, phone services or cell phones; (xxxi) any product, service or activity that is deceptive, unfair, predatory, or prohibited by one or more card networks; (xxxii) funding any of the items included on this Prohibited Businesses list.
If you are uncertain as to whether your business is a Prohibited Business, or have questions about how these requirements apply to you, please contact us.
10. Disclosures and Notices
You agree that LOLO can provide disclosures and notices regarding the LOLO Services to you by posting such disclosures and notices on our website and/or emailing them to the email address listed in your LOLO account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
11. References to Our Relationship
Merchant agrees that, from the time Merchant activates a paying account with LOLO until Merchant terminates its account with us, we may identify Merchant as a customer or client of LOLO. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and LOLO.
12. Marketing
Lolo and its business partners may communicate with Merchant with regard to products, promotions, and other services that may be of interest to Merchant. This may include email or other communications. Lolo may also solicit Merchant’s opinion for market research purposes.
13. LOLO Fees
Merchant agrees to pay the fees ("Fees") assessed by LOLO to Merchant for providing the LOLO Services described in this Agreement. These Fees will be calculated pursuant to the MSA, which is incorporated into this Agreement by reference, or any other agreement between you and us that is intended to supersede such pricing. We reserve the right to revise our Fees at any time, subject to a thirty (30) day notice period to you.
Merchant will be responsible for any sales, use, value-added or import taxes, customs duties or similar taxes assessed in accordance with applicable law with respect to the provision of the LOLO Services.
Notwithstanding anything herein to the contrary, LOLO, in its sole discretion, may suspend or terminate the Agreement and corresponding access and right to use all or any portion of the LOLO Services, at any time, upon electronic or other notice to you, if you have not paid all amounts due on or before the payment due date, or for any other breaches of the MSA, these Terms and Conditions, or any other exhibits, addenda or attachments to these Terms and Conditions including any links contained in the MSA or these Terms and Conditions, which are incorporated by reference herein. You are responsible for amounts that remain outstanding as of the date of such termination including early cancellation fees. You agree to pay our reasonable attorneys’ fees, expenses, and court costs incurred by LOLO to collect any unpaid amounts owed by you whether or not suit is filed.
14. Term
The Agreement is effective upon the date you agree to it (including by electronically indicating acceptance) and continues so long as you use the LOLO Services or until terminated by LOLO.
15. Termination
Termination of the LOLO Services shall occur in accordance with the terms set forth in your MSA. However, for purposes of clarity, LOLO’s default termination terms are as follows: Merchant’s decision to cancel the LOLO Services at any time must be communicated directly to LOLO. Upon LOLO’s receipt and acknowledgement of such notice, Merchant will enter a sixty (60) day wind-down period of the LOLO Services (the “Wind-down Period”). At the completion of the Wind-down Period (the “Termination”), the Merchant will be billed for all fees, debts and liabilities then outstanding, including for 50% any outstanding LoDough balance (for clarity, the Merchant’s outstanding LoDough balance will be billed at an exchange rate of $.50 USD for every one (1) unit of LoDough). We may terminate the Agreement and close your LOLO account at any time for any reason effective upon providing you thirty (30) days' notice. We may suspend your LOLO account and your access to the Service or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the LOLO Services because of the risk associated with your LOLO account, including but not limited to significant fraud risk, or for any other reason; or (ii) you do not comply with any of the provisions of this Agreement.
16. Effects of Termination
Upon termination and closing of your LOLO account, we will immediately discontinue your access to the LOLO Services. You agree to complete all pending transactions and stop accepting new transactions through the LOLO Services. You will not be refunded the remainder of any fees that you have paid for the LOLO Services if your access to or use of the Service is terminated or suspended. Termination does not relieve you of your obligations as defined in this Agreement. Upon termination you agree: (i) to immediately cease your use of the LOLO Services (ii) discontinue use of any LOLO trademarks and to immediately remove any LOLO references and logos from your place of business, printed advertising materials, or on your web site; (iii) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (iv) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.
17. Intellectual Property Rights
LOLO grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the LOLO Services as described herein. The LOLO Services include our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by LOLO. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when LOLO makes these updates available. If LOLO provides you with a password to access the LOLO Services, you are solely responsible for protecting the password and for any authorized or unauthorized use made of the password. The LOLO Services, and all source code, copyright rights, trademark rights, trade secret rights, patent rights, trade dress rights, service mark rights, and other intellectual property associated therewith, either currently existing or arising in the future, under the laws of any state, country, territory or other jurisdiction (the “LOLO IP”), are and shall remain the sole and exclusive property of LOLO. You shall refrain from permitting any third party to use your password or otherwise access the Portal. LOLO shall have the right to terminate the license granted hereby immediately in the event that you have breached any terms or conditions set forth in the Agreement or your LOLO account is otherwise terminated for any reason.
LOLO owns all right, title and interest in and to the LOLO Services including, without limitation, any intellectual property rights and any improvements, modifications, enhancements or refinements thereto. Except as set forth in the Agreement, all rights not expressly granted to you are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the LOLO Programs, intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying or such intellectual property.
You shall keep the LOLO IP confidential, and shall not prepare any derivative work based on the LOLO IP or translate, reverse engineer, decompile or disassemble the LOLO IP. Merchant shall not take any action to challenge or object to the validity of LOLO's rights in the LOLO IP or LOLO's ownership or registration thereof. Except as specifically provided in this Agreement, Merchant and any third party assisting Merchant with its obligations in this Agreement, are not authorized to use LOLO IP in any medium without prior written approval from an authorized representative of LOLO. Merchant shall not include any trade name, trademark, service mark, domain name, social media identifier, of LOLO or its affiliates, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. Merchant shall not use or display any LOLO IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between Merchant or a third party and Lolo unless provided by LOLO to Merchant.
Merchant grants to LOLO a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) Merchant's name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by Merchant (collectively, "Merchant IP"); and (b) any third party's name, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by Merchant (collectively, "Third Party IP"), in each case in connection with the promotion and resale of the goods and services in all media or formats now known or hereinafter developed. Any use of the Merchant IP or Third Party IP as contemplated in this Agreement is within Lolo's sole discretion.
You may choose to or we may invite you to submit comments or ideas about the LOLO Services, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place LOLO under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LOLO does not waive any rights to use similar or related ideas previously known to LOLO, or developed by its employees, or obtained from sources other than you.
18. Your Liability
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless LOLO and our respective Members, Managers, owners, employees and agents (collectively "Disclaiming Entities") from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement; (ii) your use of the Service, including without limitation any claims, fines, fees, penalties and attorneys’ fees; and/or (iii) your, or your employees' or any agent’s, negligence or willful misconduct. LOLO may engage in collections efforts to recover such amounts from you at your cost and expense, including attorney’s fees.
19. Confidentiality
The terms described in this Agreement are confidential, and Merchant agrees not to disclose the terms described in this Agreement to any party (other than to its employees, parent companies, shareholders, lawyers and accountants on a strict need-to-know basis or as required by applicable public records and other law, if Merchant has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). In the event of a breach, LOLO is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law (including monetary damages if appropriate).
20. Representation and Warranties
You represent and warrant to us that: (i) if you are a natural person, you are at least eighteen (18) years of age; (ii) you are eligible to register and use the LOLO Services and have the right, power, and ability to enter into and perform under this Agreement; (iii) the name identified by you when you registered is your name or business name under which you sell goods and services; (iv) any sales transaction submitted by you will represent a bona fide sale by you; (v) any sales transactions submitted by you will accurately describe the goods and/or services sold and delivered to a purchaser; (vi) you will fulfill all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser; (vii) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (viii) except in the ordinary course of business, no sales transaction submitted by you through the LOLO Services will represent a sale to any principal, partner, proprietor, or owner of your entity; (vix) Merchant owns all interest in and to the Merchant IP and has licensing rights in (with the right to sublicense to LOLO) any Third Party IP, and has the right to grant the License stated in this Agreement; (x) the Merchant IP and the Third Party IP, the goods or services, LOLO's use and promotion thereof, and the results of such goods or services, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity; (xi) the Merchant IP and Third Party IP does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law; (xii) Merchant and its employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications relating to any Merchant Offering to provide the goods or services described in this Agreement;; (xiii) Merchant is not authorized to resell, broker or otherwise disclose any Customer Data (as defined in this Agreement) to any third party, in whole or in part, for any purpose, and Merchant is not authorized to copy or otherwise reproduce any Customer Data other than for the purpose of using the LOLO Services in connection with this Agreement; (xiv) Merchant will not use the LOLO Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
21. No Warranties
THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM LOLO OR ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF LOLO WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE DISCLAIMING ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT HOW LONG WILL BE NEEDED TO COMPLETE THE PROCESSING OF A TRANSACTION. THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS NOR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LOLO DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE VOUCHERS ARE ERROR-FREE, OR THAT ANY MERCHANT OFFERING WILL RESULT IN ANY REVENUE OR PROFIT FOR MERCHANT.
22. Limitation of Liability and Damages
IN NO EVENT SHALL LOLO BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN SECTION 18 ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR LOLO ACCOUNT OR THE INFORMATION CONTAINED THEREIN. LOLO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 9, LOLO’S CUMULATIVE LIABILITY TO YOU IN ANY CIRCUMSTANCE SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO LOLO DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF LOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The LOLO Services are controlled and operated from its facilities in the United States. LOLO makes no representations that the LOLO Services are appropriate or available for use in other locations. Those who access or use the LOLO Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the LOLO Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the LOLO Services are solely directed to individuals, companies, or other entities located in the United States.
23. Indemnification
To the extent allowed under applicable law, Merchant agrees to defend, indemnify and hold LOLO, its affiliated and related entities, and any of its respective Members, Managers, officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys' fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by Merchant of this Agreement, or the representations and warranties made in this Agreement; (b) any claim for state sales, use, or similar tax obligations of Merchant arising from use of the LOLO Services; (c) any claim arising out of a violation of any law or regulation governing Merchant's goods and/or services; (d) any claim arising out of Merchant's violation of law or regulation governing the use, sale, and distribution of alcohol; (e) any claim by a purchaser or anyone else arising out of or relating to the goods and services provided by Merchant, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (f) any claim by a customer for the Amount Paid; and (g) any claim arising out of Merchant's misuse of Customer Data, or any violation of an applicable data privacy or security law. LOLO maintains the right to control its own defense and to choose and appoint its own defense counsel, regardless of the presence or absence of a conflict of interest between LOLO and Merchant. Merchant's duty to defend and indemnify LOLO includes the duty to pay LOLO's reasonable defense fees and costs.
24. Disputes; Choice of Law; Jurisdiction and Venue
You agree that any disputes arising out of or relating to this Agreement or the Service shall be resolved in accordance with this Section. This Agreement is governed by the laws of the State of North Carolina (without regard to its choice of law provisions). The exclusive venue for any actions or claims arising under or related to this Agreement shall be in the appropriate state or federal court having jurisdiction over matters occurring in Buncombe County, North Carolina. ALL PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS THEY MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THIS AGREEMENT. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
In the event of a reward dispute or mistake between a Merchant and User, LOLO may in its sole discretion unilaterally make adjustments to LoDough balances. To the extent any disputes arise under the Agreement or otherwise between the parties, the parties will first attempt in good faith to resolve their dispute informally.
25. Right to Amend
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the LOLO Services or software with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the LOLO Services or software after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
26. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
27. Parties
This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.
28. Third Party Services and Links to Other Web Sites
You may be offered services, products and promotions provided by third parties and not by us ("Third Party Services"). If you decide to use these Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. The LOLO website or Smart Phone Application may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, recommendation by us. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. We expressly disclaim any liability for these websites. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
29. Force Majeure
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Section 13, including without limitation for Reversals, Chargebacks, Claims, fines, fees, refunds or unfulfilled products and services.
30. Entire Agreement
These terms and conditions and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and LOLO with respect to the provision of the LOLO Services. LOLO's Terms of Use published on its web site, as may be amended, are incorporated into these Terms and Conditions. In the event of a conflict between this Agreement and any other LOLO agreement or policy, this Agreement shall prevail on the subject matter of this Agreement unless such other agreement expressly states otherwise. Except as expressly provided in this Agreement, these terms describe the entire liability of LOLO and sets forth your exclusive remedies with respect to the Service and your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then the Parties agree that a court of competent jurisdiction may modify and interpret said provision but only to the extent necessary to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
31. Relationship Between Parties
The parties are independent contractors. Nothing in this Agreement is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party's prior written approval, to bind or commit the other in any way.
32. Warranty Disclaimer
33. Merchant Refund Policy
Merchant’s Refund Policy must be on Merchant’s Website. If Merchant limits refund/exchange terms or other specific conditions for Card sales, Merchant’s policy must be clearly provided to the cardholder prior to the sale and Merchant must conform with all applicable laws.
34. Compliance with Laws
You represent and warrant that your use of the LOLO Services will comply with all applicable laws and regulations. You’re responsible for determining whether LOLO Services are suitable for you to use in light of any regulations such HIPAA, GLB, EU Data Privacy Laws and/or other laws. If you are subject to regulations (such as HIPAA) and you use the LOLO Services or any other LOLO service, then LOLO will not be liable if any such service does not meet those requirements.
Last Updated 10/14/2014
LoLo Privacy Policy
This Privacy Policy describes the policies and procedures of LoLo, LLC (“we”, “our” or “us”) on the collection, use and disclosure of your information on www.LoLoEffect.com (the “Site”) and the services, features, content or applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) if you register for the Site and the Services, through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.
What Does This Privacy Policy Cover?
This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.
What Information Do We Collect?
We collect a variety of information from you and other sources when you use the Services, including technical information as well as information that can be used to identify you individually, sometimes referred to as "personally identifiable information." The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.
Account Information
When you create an Account, you will provide information that could be Personal Information, such as your email address, birthday, zip code and password. You acknowledge that this information may be personal to you, and by creating an account on the Site and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services, but only rarely when we feel such information is important. You may unsubscribe from these messages through your Account settings, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.
User Content
Some features of the Services allow you to provide content to the Services, such as written comments. All content submitted by you to the Services may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.
Location Information
We may automatically receive your location when you use the Service. The location information you provide is used for such purposes as allowing you to interact with other users through the Services, improving the content of the Services, customizing the advertising and content you see, and communicating with you about specials and new features. We may also draw upon this information in order to adapt the Services of our community to your needs, to research the effectiveness of our network and Services, and to develop new tools for the community.
IP Address Information and Other Information Collected Automatically
We automatically receive and record information from your web browser when you interact with the Services, including your IP address, location and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on). Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
Email Communications
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
Information Collected Using Cookies
Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet. Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services. This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.
Information Related to Advertising and the Use of Web Beacons
To support and enhance the Services, we may serve advertisements, and also allow third parties’ advertisements, through the Services, including through our email newsletter. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
Advertisements served through the Services may be (i) targeted to users who fit a certain general profile category (e.g., “users in North Carolina”), (ii) based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), (iii) based on the Services usage patterns of particular users, or (iv) based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.
To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
Aggregate Information
We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.
How, and With Whom, Is My Information Shared?
The Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.
Public Information about Your Activity on the Services
Some of your activity on and through the Services is public by default. This includes, but is not limited to content you have posted on the Site or otherwise through the Services.
Registered users may have some of this information associated with their Accounts. Unregistered users will not have this association, but information concerning their use of the Services (such as what pages they have visited) may be tracked anonymously through the use of cookies and stored by us.
Please also remember that if you choose to provide Personal Information using certain features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge. Therefore, we urge you to think carefully about including any specific information you may deem private in content that you create or submit through the Services.
Business partners
When you make purchases or engage in promotions offered through the Services, you authorize us to provide your name, birthday, and zip code (“Merchant Data”) to the associated merchant. Merchants can view your Merchant Data and transaction history, but cannot view information shared with other merchants, including transaction histories. LoLo will not provide your email address to merchants, but merchants will be able to request that LoLo contact you on their behalf (typically to notify users of promotions), either through email or SMS.
Financial Information
We collect limited financial information, including your credit or debit card number and certain transaction-based information, which is used for the sole purpose of ensuring LoDough is properly credited to your LoLo account following eligible purchases. This information may be securely transferred to approved third party service providers, including credit card companies, payment card networks, card-linked loyalty providers PCI-Compliant card vaults, payment processors and other secure services providers. LoLo makes every effort to ensure that User financial information is privately used, stored and transferred, and any use of your information by our approved third party service providers is governed by such service provider’s applicable terms and privacy policy.
IP Address Information
While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.
Information Provided to Third Party Services
You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.
Aggregate Information
We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
Email Communications with Us
As part of the Services, you may occasionally receive email and other communications from us, such as our newsletter or communications relating to your Account. Communications relating to your Account will only be sent for purposes important to the Services, such as password recovery.
User Profile Information
User profile information including your name, profile photo or avatar and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.
Information Shared with Our Agents
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
Information Disclosed Pursuant to Business Transfers
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Information Disclosed for Our Protection and Others
We also reserve the right to access, read, preserve, disclose, delete and/or remove any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
Information We Share With Your Consent
Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.
Is Information About Me Secure?
Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.
We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
What Information of Mine Can I Access?
If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
How Can I Delete My Account?
Should you ever decide to delete your Account, you may do so by emailing support@LoLoEffect.com . If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public.
What Choices Do I Have Regarding My Information?
You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features. You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.
What Happens When There Are Changes to this Privacy Policy?
As specified in the Terms of Service, we may from time to time revise this Privacy Policy. If we do, we will post those changes on this page and indicate the new effective date so that you are always aware of what information we collect and how we use it. For changes to this Policy that may be materially less restrictive on our right to use or disclose your personal information, we will attempt to notify you before implementing the change. Without your consent, we will only use and disclose your information in a manner consistent with the version of the Privacy Policy that was in effect at the time we collected that information. We encourage you to periodically review this Policy to stay informed about how we are protecting the information we collect from you.
What If I Have Questions or Concerns?
Any improper collection or misuse of information provided by the Services is a violation of the Terms of Service and should be reported to privacy@LoLoEffect.com.
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to privacy@LoLoEffect.com. We will make every effort to resolve your concerns.