January 1, 2018
TERMS OF SERVICE
“LoLo” is a loyalty rewards program that rewards locally-minded consumers for spending money where it has the greatest local impact: at locally owned businesses in our network. “LoLo Gifts” is a gift-giving program for businesses to give thoughtful gifts to customers, clients or leads while also supporting local businesses.
By accessing and using the Services, you are agreeing to these terms, because use of the Services, including the ability to earn LoDough, purchase LoDough certificates, redeem LoLo Gifts , and be a participating LoLocation or LoLo Gifts Client is subject to compliance with these User Terms.
Use of the Services as a LoLocation or LoLo Gifts Client may require payment by you, and may be subject to additional terms regarding purchasing gifts, offering rewards and honoring gifts and rewards.
These User Terms apply equally to all of our “Users”, including “LoyalLocal Users” (those users who redeem LoLo Gifts or earn and redeem rewards points or “LoDough” through qualified purchases at LoLocations); “LoLocations” (our participating business partners who offer points rewards, redeem LoDough rewards, and offer and redeem LoLo Gifts); and “LoLo Gifts Clients” (our business clients who purchase gifts from LoLocations) (collectively “you” or “your” or “user” unless noted otherwise)
1. Acceptance of Terms
2. Modification of User Terms
We reserve the right, in our sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Services at any time by posting a notice on the Site or by sending you notice through the Services or via e-mail. We may also impose limits on certain aspects of the Services without notice or liability. We may provide some notice, whether through e-mail or otherwise, if these User Terms are changed in any significant way, but it is your responsibility to check these User Terms periodically for changes. Your continued participation in the Program following the posting of any changes to these Program Terms constitutes acceptance of those changes.
3. The Services
The Services are operated by us and consist of the capability to engage in transactions that allow registered end-users (“LoyalLocal User”) to accumulate LoDough (“LoDough”) for qualifying purchases made at participating merchants (the “LoLocation”) that can be exchanged for rewards (“Reward Items”).
Additional services are provided to “LoLo Gifts” clients which can purchase certificates from LoLocations for gifts to be awarded to users of their choice such as for lead generation, client engagement, and staff/volunteer appreciation.
4. How LoyalLocal Rewards and LoDough Work. What Is LoDough?
a. Users accumulate LoDough through Eligible Purchases as long as they have been active (made an Eligible Purchase from a LoLocation) in the last 12 calendar months. From time to time, we may offer promotional opportunities to earn additional or matching LoLo LoDough.
b. You may use LoDough by cashing in LoDough on the Site or App for a LoLo Reward Item redeemable at a LoLocation within the Merchant Network. All redemptions are subject to review and may be adjusted or canceled at our discretion.
c. Each Merchant may offer an amount of LoDough per dollar of Eligible Purchases. Purchases are rounded to the nearest 100th of a dollar. In the event that multiple offers are shown for a merchant, you shall only be eligible to accumulate LoDough through one offer per Eligible Purchase
d. Any and all tax liability (including, without limitation, any sales tax liability) incurred as a consequence of the accumulation and/or redemption of LoDough shall be your sole responsibility.
e. We reserve the right to change the amount of LoDough that may be earned in connection with any qualifying purchase or other activity.
f. Any change in the amount of LoDough that may be earned in connection with any qualifying purchase or other activity will not affect LoDough already awarded in accordance with the Program.
- LoDough has no cash value.
- LoDough will typically post to your account within 2-7 days following an Eligible Purchase, however in some cases it make take longer.
How Do I Use LoDough?
a. To accrue and accumulate LoDough with us you must register for the Service and make a purchase with your registered credit or debit card from a local merchant in our network (the “LoLocation”) (an “Eligible Purchase”).
b. Subject to limited exceptions, in our sole discretion, purchases prior to your registration with us shall not be Eligible Purchases and you shall not accrue any LoDough for such purchases.
c. Purchases made through a third party and not directly from a LoLocation currently in our merchant network at the time of purchase shall not be Eligible Purchases and you shall not accrue any LoDough for such purchases.
d. If your credit or debit card is declined for a purchase, if your item is returned, or if a refund or chargeback is awarded for the goods you purchased, your purchase will not be deemed completed and no LoDough shall accrue as a result of such purchase. In our sole discretion, we may deduct LoDough from your account in order to make adjustments for returns and cancellations with respect to Eligible Purchases.
e. Some LoLocations participate in LoLo through a third party service provider. In such cases, if you are a member in other programs operated by those third party service providers, your purchase may only be an Eligible Purchase in one program.
f. LoLocations may join or leave the LoLo Program without notice. A LoLocation must be currently in our merchant network at the time of a purchase for your Purchase to be eligible.
g. Any dispute concerning an Eligible Purchase and/or our failure to recognize an Eligible Purchase shall be brought to our attention within 30 days or shall be deemed waived.
h. LoDough may be used to purchase Rewards Items, including LoLo Certificates, in accordance with the offers in effect at the time of redemption. The types of Rewards Items redeemable for accumulated LoDough, and the amount of LoDough necessary to purchase such Rewards Items, may be changed by us at any time for any reason or no reason.
i. We reserve the right to cancel or modify any Rewards offering or Gift Certificates in the event of a mistake or error in the offering of the reward or Gift Certificate, or if the reward or Gift Certificate violates our Terms of Service or any applicable law or regulation.
j. Merchants are solely responsible for honoring certificates and LoLo Gifts. LoLo has no obligation to honor certificates and LoLo Gifts.
k. Users shall forfeit their LoDough balance (a) after disqualification or suspension from the Services, (b) after suspension of such User’s account, (c) after deleting such User’s account on LoLo, or (d) after twelve (12) months of account inactivity from the date LoDough was last earned or redeemed.
5. LoLocations, Certificates and LoLo Gifts
The following User Terms apply to LoLocations and LoLo Gifts participating businesses:
a. LoDough certificates are redeemable at our participating LoLocations. Participating LoLocations must accept and honor all gifts and certificates. LoLo itself has no obligation to honor certificates or LoLo Gifts. Additionally, LoLo will not refund money paid by LoLo Gift participants for gifts. Merchants from whom LoLo Gifts are purchased must honor all gift certificates whether or not they are enrolled in the LoLo or LoLo Gift program at the time the gift certificate is presented to them.”
b. Monthly participation fees, any special fees that may be assessed, and commissions paid by LoLocations and LoLo Gifts clients are non-refundable.
c. If you signed up with us to participate in the LoLo program pursuant to an initial free trial period, it is your responsibility to cancel your subscription at least 24 hours before your free trial period expires and your account is charged; otherwise you will be responsible for your scheduled subscription payments until you withdraw from the program. Even if you cancel or withdraw from the program, you will still be responsible for honoring all outstanding unexpired gifts presented to you for redemption, and be responsible to LoLo for all outstanding fees and commissions.
d. Gift credits purchased by a LoLo Gifts participant do not expire. However, we will not refund money spent on gift credits if you don’t use them. If a LoLocation for which you’ve purchased a Gift closes we will credit your account so that you can purchase Gifts from another LoLocation. Gifts will not be redeemed or refunded by us for cash value.
e. If a LoLo Gifts participant gives a gift, that LoLo Gifts participant must pay for it. You must honor any gifts you may send even if you send it to the wrong person.
6. Account Adjustments
In the event of any abusive or fraudulent activity related to your participation in the Services as determined by LoLo in its sole discretion, LoLo reserves the right to make any adjustments to your account at any time, or to cancel your account. Any such adjustments, however, will be made in accordance with these Program Terms, any LoLo policies, any applicable laws, rules or regulations, and the terms of any participating merchant offers.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these User Terms. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change this eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these User Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
7a. Transaction Eligibility
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express. You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
7b. Debit Instructions
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.
a. All users may browse the Site or App without registering, but as a condition to using certain aspects of the Services, you are required to register with us and represent, warrant and covenant that you shall provide us with and keep up-to-date accurate, truthful, and complete registration information (including, but not limited to your e-mail address, zip code, birthday and a password you will use to access the Services). For certain Services we may also require your credit or debit card account details. Failure to comply with these requirements shall constitute a breach of these Terms of Service, which may result in immediate termination of your account.
b. All users of the Services must provide current, complete and accurate information for your account. You must promptly update all information to keep your account current, complete, and accurate (such as a change in credit or debit card account details), and you must promptly notify us if your payment method is cancelled (e.g. for loss of card or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your credit or debit card number.
c. You shall not:
i. provide any false personal information to us (including a false e-mail address) or create any account for anyone other than yourself without permission;
ii. use an e-mail address that is the name of another person with the intent to impersonate that person;
iii. use an e-mail address that is subject to any rights of a person other than you without appropriate authorization; or use an e-mail address that is a name that is otherwise offensive, vulgar or obscene.
d. We reserve the right to refuse registration of, or cancel an account in our sole discretion. Users are solely responsible for activity that occurs on that user’s account and shall be responsible for maintaining the confidentiality of the user’s password. You shall never use another user’s account without such other user’s express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
For purposes of these Terms of Service, the term “Content” includes, without limitation, deals, offers displays, menus, events and specials calendars, written posts and comments, information, data, text, photographs, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
a. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users or by LoLo (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You may delete or remove your User Content, either yourself or through a request made to one of our employees or affiliates. When your User Content is deleted, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others). Note, however, that simply deleting your account will not result in the deletion of User Content that you have previously posted.
b. The Services contain Content specifically provided by us, our partners, or our clients and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. You are permitted to use Content delivered to you through the Services only on the Services.
c. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for personal, non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
d. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
e. We do not guarantee that any Content will be made available on the Site, the App or through the Services. Further, we have no obligation to monitor the Site or the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
10. Rules of Conduct
a. You shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes, contains or displays advertising, (including pop-ups), third party advertising, new browser windows, junk or bulk e-mail (“spamming”); provided that LoLo Gift Clients and LoLocations may provide to us or post images or video which advertises their business, goods or services in conjunction with reasonable use of the Services.
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; or includes anyone’s identification documents or sensitive financial information.
b. Users of the Services shall not (directly or indirectly):
i. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
ii. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
iii. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
iv. run any form of auto-responder or “spam” on the Services;
v. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites or the App; harvest or scrape any Content from the Services; or otherwise take any action in violation of our guidelines and policies.
c. Users shall not (directly or indirectly):
i. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
ii. modify, copy, translate, reproduce or otherwise create derivative works of any part of the Services; or
iii. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
d. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce these Terms of Service, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to user support requests; or
protect the rights, property or safety of us, our users and the public.
11. Linking and Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We may terminate your access to all or any part of the Services at any time, with or without cause, including for abuse of the Services, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, trademark and copyright protections, indemnity and limitations of liability.
13. Warranty Disclaimer
a. We have no special relationship with or fiduciary duty to you. You acknowledge that We have no control over, and no duty to take any action regarding (i) which users gains access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content.
b. You release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
c. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CLIENTS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS CLIENTS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNT YOU PAID FOR ANY SERVICES DURING THE THREE (3) MONTH PERIOD PRIOR TO THE TIME THAT THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE FOREGOING PROVISIONS ARE AN EXPRESS LIMITATION ON REMEDIES AND DAMAGES, CONSEQUENTIAL OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LOLO, LLC AND RELATED BUSINESS PARTIES (INCLUDING MEMBERS, EMPLOYEES, OFFICERS AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, FINES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES.
LOLO, LLC RESERVES THE RIGHT, AT YOUR EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
16. Governing Law, Venue, and Jurisdiction
17. Entire Agreement and Severability
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and App (other than terms related to payment, fees, commissions, posting or offering of deals, purchase of or redemption of LoLo Gifts, special offers, and other similar such provisions which may change from time to time), and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
If any provision of these Terms is held to be unlawful, void, or unenforceable, you and us agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. We further agree that, if possible, a court of competent jurisdiction may reform any unlawful, void or unenforceable provision but only to the extent necessary to implement the intent of the parties.
18. Releases and Disclaimers
We and Our Affiliates are not responsible for non-delivered e-mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Site or App or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. We and Our Affiliates are not responsible for any incorrect or inaccurate information, including, but not limited to, typos or accidental errors with respect to Program values and LoDough or in reference to LoLo Gifts appearing on the Site or App, whether caused by Site or App users, or by any equipment or programming associated with or utilized in this Program and assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Site or App. If, for any reason, the Program or App is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in our sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program or App, we reserve the right, in our sole discretion, to cancel, terminate, modify or suspend the Program or App, and determine claims to the Program received prior to action taken, or as otherwise deemed fair and equitable by us. Any attempt to deliberately damage the Services or undermine the legitimate operation of the Program is unlawful and subject to legal action by us or our agents and/or affiliates.
19. Release from Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOLO AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LOLO AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL LOLO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LOLO'S OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD PARTY PARTNERS' OR SUPPLIERS' ( INCLUDING PAYMENT CARD NETWORKS’ AND PAYMENT PROCESSORS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED [$100].
20. How We Protect Your User Data
a. Lolo complies with all applicable state and federal laws and rules in connection with collection, security and dissemination of any personal data relating to contact information and financial, card, or transaction information ("User Data"). Lolo warrants that, when applicable, it is at all times compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS). Further, Lolo uses only PCI-compliant service providers in connection with the storage and transmission of Card Data. Should LoLo in its sole discretion deem it necessary, LoLo may transfer User Data between PCI-compliant service providers.
b. LoLo takes every precaution to secure and protect User Data, including the utilization of SSL encryption and storing User Data solely with PCI-Compliant service providers. By using the Services, you authorize Lolo and any approved service providers to capture your User Data, and use your User Data to track and view transactions LoyalLocal users made with Lolo’s participating merchants; or purchases that LoLo Gifts clients may have made. You agree that Lolo may view your transactions made by you with participating merchants.
21. Digital Millennium Copyright Act Compliance
LoLo respects the intellectual property rights of others and does not permit copyright infringing activities on the Service. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the LoLo Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. Â§ 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LoLo to locate the material;
d. Information reasonably sufficient to permit LoLo to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. The LoLo, LLC Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent c/o LoLo, LLC, 238 Clingman Ave. Extension, Asheville, NC 28801, or by email at [email protected] For clarity, only DMCA notices should go to the LoLo Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to LoLo customer service through [email protected] You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
22. Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
26. No Waiver
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
"LoLo” is the registered trademark of both GetBeezy, LLC and LoLo, LLC for their respective registered uses, and are used with exclusive permission. “LoDough”, “LoyalLocal”, “LoLocations”, and “LoLo Gifts” are trademarks of LoLo, LLC. The logos used on the Site and Apps and other marks, graphics, logos, scripts and sounds are trademarks of LoLo, LLC. None of these trademarks may be used, copied, downloaded, or otherwise exploited without express written permission of LoLo, LLC.
EFFECTIVE AS OF January 1, 2018