Terms of Service


TERMS OF SERVICE

“LoLo Gifts” is an engagement program for businesses to give thoughtful gifts to customers, clients or leads while also supporting local businesses.

Please read these Terms of Service and our Privacy Policy (collectively, the “User Terms”) fully and carefully before using www.LoLoEffect.com (the “Site”), the LoLo Application on your smartphone or tablet (the “App”), LoLo.Gifts (also the “Site”), and the services, features, content or applications offered by LoLo, LLC (“we”, “us”, “our” or “LoLo”) through the Sites and App (together with the Sites and App, the “Services”).

By accessing and using the Services, you are agreeing to these terms, because use of the Services, including the ability to 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 enrolling contacts into engagement programs , and honoring gifts.

These User Terms apply equally to all of our “Users”, including “LoyalLocal Users” (those users who redeem LoLo Gifts at LoLocations); “LoLocations” (our business partners who offer and redeem LoLo Gifts); and “LoLo Gifts Clients” (our business clients who enroll contacts in engagement programs ) (collectively “you” or “your” or “user” unless noted otherwise)

1. Acceptance of Terms

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site or App, you agree to these User Terms, Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the Site or App by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. These User Terms apply to all users of the Services, including LoLocations, and LoLo Gifts participants. Additional terms apply to participating Merchants and are set forth in the “Merchant Terms and Conditions” as may be amended.

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 services provided to “LoLo Gifts” clients, yourself, who can send gifts via our platform to users of their choice such as for lead generation, client engagement, and staff/volunteer appreciation.

4. How LoLo Gifts Engagement Programs Work:

What are LoLo Gifts?

a. LoLo Gifts are gifts curated by us from merchants, called LoLocations, who meet our own internal definition of “local” and “Independent”. It is our intention to ensure that our services help to infuse dollars into the locally-owned businesses within the geography of the end-users who are chosen by you, our “LoLo Gifts” client. We reserve the right to define what businesses we choose to do business with.

b. LoLo Gifts may be redeemed by the end-user by utilitizing the Site or App at a LoLocation within the expiration window for each gift. All redemptions must be done prior to the expiration date specified on each LoLo Gift. . All redemptions are subject to review and may be adjusted or canceled at our discretion.

c. LoLo Gifts define the Lolocations by business name and physical address where end-users can redeem their gifts. We reserve the right to not redeem LoLo Gifts at physical locations which are not mentioned in the specifics of a LoLo Gift sent to end-users.

d. We reserve the right to change the gift that may be redeemed in connection with any LoLo Gift campaign or other activity.

e. Any change in the gift that may be redeemed in connection with any LoLo Gift campaign or other activity will not affect LoLo Gifts already awarded in accordance with the Services.

f. LoLo Gifts have no cash value.

5. How Do I Use LoLo Gifts?

a. To enroll contacts in LoLo Gifts engagement programs you must register for the Service on the Site or App by uploading your contact list, and registering your credit or debit card and approving our terms of service and privacy policy.

b. The contacts you upload must include an email or phone number that receives text messages. Both are encouraged to increase engagement and visibility. Lolo will not use the contact information you supply for any other reason other than sending correspondence related to our services that you are subscribed to and a paying customer. We wish to maintain the privacy of your contact list and will not use those contacts for any other purpose unless expressly requested by you in writing.

c. You are responsible for ensuring that the contacts uploaded to our platform are based on established business relationships as defined by the Telephone Consumer Protection Act and the Federal Communication Commission’s rules under 47 C.F.R. § 64.1200. LoLo will not be held liable for any contact uploaded to our system as our platform will not be used for junk or bulk email (“spamming”). Lolo reserves the right to delete your account if it believes that you are not adhering to the definition of established business relationships as defined by the law.

d. Gifts are sent from our platform at a delivery interval defined by your subscription package (monthly, quarterly, annually etc.). We reserve the right to choose this date within a 15-day window of your subscription package 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 Redemptions..

e. If a LoLo Gift is declined for redemption at the Lolocation sponsoring the gift it is the mistake of the merchant and not LoLo. LoLo will not be held liable for the merchant’s failure to redeem a gift. We reserve the right, but do not have the obligation, to review the redemption declined and, at our sole discretion, provide an alternative means of compensation to the contact who was unable to redeem their gift at the sponsoring Lolocation.

f. LoLocations may join or leave the LoLo Program without notice due to unforeseen circumstances outside of our control. We will not be held liable for these changes. LoLo may decide, but is not obligated, to seek a replacement merchant within 30-days from being notified by the Lolocation that they are no longer participating in our services.

g. Any dispute concerning a LoLo Gift and/or a merchant’s failure to recognize a LoLo Gift at a participating LoLocation shall be brought to our attention within 30 days or shall be deemed waived.

h. LoLo Gifts may be redeemed at any time prior to the expiration of that gift. The expiration date is listed on the gift sent to the contact. The gift may be changed by us at any time for any reason or no reason.

i. We reserve the right to cancel or modify any Lolo Gift or Lolocation merchant in the event of a mistake or error in the offering of the LoLo Gift from sponsoring LoLocation, or if our service violates our Terms of Service or any applicable law or regulation.

j. Some of the LoLo Gifts are alcohol related items. It is the obligation of the user to ensure that all of their contacts are of legal drinking age. We have an opt-out button for alcohol gifts for the purpose of allowing users to opt-out of this kind of gift. LoLo has no liability for the age of the contacts imported into our platform, but requires contacts to be 18 years of age at a minimum. For alcohol related gifts, the contacts must be 21 years of age.

k. Merchants are solely responsible for honoring LoLo Gifts. LoLo has no legal obligation to honor LoLo Gifts.

l. Users shall forfeit any outstanding active LoLo Gifts

(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,

5. LoLocations and LoLo Gifts

The following User Terms apply to LoLocations and LoLo Gifts participating businesses:

a. LoLo Gifts are redeemable at our participating LoLocations curated by our merchant team. Participating LoLocation merchants must accept and honor all gifts once the gift is live and distributed to LoLo clients’ contact lists up and until the expiration of the gift campaign. The duration of the gift campaign will be determined by LoLo and communicated via email to the LoLocation merchant. LoLo itself has no obligation to honor LoLo Gifts once the gift campaign is live.

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. Gifts redeemed on our platform are tracked via the “approve now” button on live gift campaigns. It is essential for merchants to ensure this button is approved in order to appropriately track the redeemed gifts. At the end of the campaign, or during the campaign if requested by the merchant, we will provide the merchant with the number of redemptions tracked on our platform. Based on the quantity redeemed and the retail price of the gift, LoLo will reimburse the LoLocation merchant for 100% of the redeemed gifts tracked on our platform. .

e. If there are any disputes on the quantity of gifts redeemed for a gift campaign, the merchant is required to report that dispute within 30 days after the expiration of the gift campaign. LoLo reserves the right to use its platform as the number of redeemed gifts and not an internal list maintained by the merchant.

f. LoLo, in agreement with a LoLocation merchant, may decide to redeem the gifts at a reduced value of the retail price. This will be agreed upon prior to the commencement of any gift campaign going live.

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.

7. Eligibility

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.

8. Registration

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

iv. use an e-mail address that is a name that is otherwise offensive, vulgar or obscene.

v. register the same credit or debit card account to multiple LoLo accounts.

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.

9. Content

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, LoLocation content (address, phone, menu, photo), user content (phone, email, photo, contact name, contact 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

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

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;

vi. impersonates any person or entity, including any of our employees or representatives; or

vii. includes anyone’s identification documents or sensitive financial information.

viii. contains phone numbers and emails that were not legally obtained according to the Telephone Consumer Protection Act and Federal Communications Commission, whereby it is the sole responsibility of the user to obtain prior legal consent of the contact to receive text messages and emails via a platform like ours. Any contact’s complaint regarding the receiving of electronic communication via our platform will be brought to the direct attention of the user and the user will be held liable for any legal actions taken by a contact. LoLo is not liable for obtaining the appropriate consent required to send electronic communication to the user’s contact list.

ix. does not adhere to local state laws of the user’s place of business. All content which is presented on our platform is done for the benefit of the user and their contacts. It is the responsibility of the user to ensure that the content is displayed in a manner which is in agreement with state laws. User agrees that LoLo holds no liability for such breaches.

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;

vi. harvest or scrape any Content from the Services; or

vii. 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:

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 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.

12. Termination

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.

15. Indemnification

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

These Terms of Use, and the relationship between Us and You the User, shall be governed by, and construed in accordance with, the laws of North Carolina without giving effect to principles of conflict of laws. In the event of a claim by you against LoLo, LLC (including our Members, partners, clients and affiliates) under any circumstance, you agree to submit to the exclusive jurisdiction and venue of the state or Federal courts, or administrative agency, having jurisdiction over matters occurring in Buncombe County, North Carolina. In the event of a claim by LoLo, LLC (including our Members, partners, clients and affiliates) against you, you agree to submit to the jurisdiction of the courts located where LoLo, LLC pursues its claim against you, which may include state or Federal courts in Buncombe County, North Carolina.

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. How We Protect Your User Data

See our Privacy Policy *LINK for more information.

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.

c. LoLo values the security of User Data and does not sell personally identifiable User Data to third parties. However, in providing the Services, LoLo must necessarily capture and share some User Data with approved service provider and merchants. By using the Services, you authorize the sharing, exchange and processing of your transactions and transaction history between Lolo and Lolo’s approved service providers, payment card networks, participating merchants in the Merchant Network and the payment processor, as further described in the LoLo Privacy Policy.

d. Linkable Networks. LoLo has partnered with Linkable Networks to provide transaction matching services through direct relationships with Visa, Mastercard and Amex. Through this partnership, Linkable Networks enables LoLo to receive accurate reporting of transactions initiated by registered LoLo users at participating LoLocations and thereby issue rewards.

e. By registering a payment card (e.g., debit card or credit card) in connection with transaction monitoring, you authorize LoLo to share your payment card information with the applicable payment network(s) (such as MasterCard, VISA, and American Express) so they know you enrolled, in addition to Linkable Networks, which acts as our service provider in making available offers linked to your payment card. You authorize the applicable payment network(s) and Linkable Networks to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Visa, Mastercard and Amex to share such transaction details with Linkable Networks and LoLo to enable the Services.

20. 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. § 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.

21. 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.

22. Assignment

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.

23. Agency

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.

24. Notices

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]

25. 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.

26. Trademark

"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 November 1, 2019