LUVJO LLC

TERMS OF USE FOR CUSTOMERS

Version Date: March 1st, 2015

 

LuvJo LLC operates its website luvjo.com, the related mobile sites, mobile applications and LuvJo services (collectively "LuvJo"). By using LuvJo, you agree to be bound by these "Terms of Use".  Please read the following Terms of Use carefully before using LuvJo.

 

 

1. Applicability & Acceptance of These Terms of Use

 

By viewing, using, accessing, browsing, or submitting any content or material on LuvJo, you agree to these Terms of Use as a binding legal agreement between you and LuvJo LLC, without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to LuvJo.

 

If you do not agree to these Terms of Use, then you may not use LuvJo. LuvJo LLC reserves the right to modify these Terms of Use at any time with or without prior notice. You agree that each time you visit the LuvJo site or mobile application, and/or use LuvJo's services, you shall be subject to the then-current Terms of Use and continued use of LuvJo now or following modifications in these Terms of Use confirms that you have accepted and agreed to be bound by such modifications.

 

2. User License

 

General

 

LuvJo connects users to participating merchants to allow users to place orders online with the merchant of its choice and pick them up in person at the selected merchant.  LuvJo is solely a facilitator of communications between the participating merchants and users. Unless expressly stated otherwise, the goods and services featured on LuvJo are offered, provided, sold and delivered by the participating merchants, not LuvJo LLC. LuvJo LLC is in no way responsible for the quality of goods or services offered by the participating merchants.

 

 

Scope

 

LuvJo LLC grants you permission (which may be revoked at any time for any reason or no reason) to view LuvJo and to download, e-mail, share via social networking, or print individual pages from LuvJo in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from LuvJo, except as specifically noted above. Except as specifically authorized by LuvJo LLC, you may not deep-link to LuvJo for any purpose or access LuvJo manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of LuvJo or any information, content, or material on LuvJo. LuvJo LLC reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of LuvJo or any content contained therein, whether in whole or in part, without prior written consent from LuvJo LLC. Any rights not expressly granted herein are reserved.

 

 

User Conduct

 

You agree that your use of LuvJo and or services of LuvJo is subject to all applicable local, state and federal laws and regulations. You also agree:

 

To comply with U.S. law and local laws or rules regarding online conduct and acceptable material;

 

Not to use LuvJo or their services or to submit content to LuvJo if you are under the age of 18;

 

Not to use LuvJo to purchase alcohol unless you and the alcohol recipient are age 21 or older and present valid photo identification(s) verifying your age at the time of purchase;

 

Not to access LuvJo or services using a third-party's account registration without the express consent of the account holder;

 

Not to use LuvJo for illegal purposes;

 

Not to commit any acts of infringement on LuvJo or with respect to content on LuvJo;

 

Not to use LuvJo to engage in commercial activities apart from sanctioned use of LuvJo LLC services;

 

Not to copy any content, including, but not limited to restaurant menu content, for republication in print or on-line;

 

Not to attempt to gain unauthorized access to other computer systems from or through LuvJo;

 

Not to interfere with another person's or entity's use and enjoyment of LuvJo; and

 

Not to upload or transmit viruses or other harmful, disruptive or destructive files; and or

not to disrupt, interfere with, or otherwise harm or violate the security of LuvJo, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through LuvJo or affiliated or linked sites (including those of our merchant partners).

 

 

User Content

 

LuvJo LLC neither endorses nor is responsible for the accuracy or reliability of any information or content found on LuvJo which is provided by anyone other than authorized LuvJo LLC employees or representatives while acting in their official capacities. LuvJo LLC does not review and assumes no responsibility for any information or content received from, or created by you or any third party. LuvJo LLC reserves the right, but not the obligation, to monitor, modify, delete, limit or block access to any information or content submitted by you or any third party to LuvJo. Any information or content published or otherwise provided to LuvJo (specifically excluding any personally identifying information) shall be deemed the sole exclusive property of LuvJo LLC, and LuvJo LLC shall have the exclusive right to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.

 

 

Harm from Commercial Use

 

You agree that the consequences of commercial use or re-publication of content or information provided on LuvJo may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that LuvJo LLC will be entitled to temporary and permanent injunctive relief to prohibit such use.

 

3. Indemnity

 

You agree to indemnify and hold LuvJo LLC, its parents, subsidiaries and affiliates, shareholders , agents, officers, directors or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of LuvJo, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to LuvJo, your violation of these Terms of Use, and any other acts or omissions relating to LuvJo.

 

4. Termination and Modifications to LuvJo

 

LuvJo LLC  reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, LuvJo and/or services offered on or through LuvJo (or any part thereof), including but not limited to LuvJo's features, look and feel, and functional elements and related services.

 

 

5. Disclaimer of Warranties

 

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH LUVJO (WHETHER PROVIDED BY LUVJO LLC, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUVJO LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  LUVJO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY OF INFORMATION PROVIDED BY THE PARTICIPATING merchantS, INCLUDING HOURS, PRICES, MENUS AND SERVICES PROVIDED.

 

6. Limitation of Liability

 

IN NO EVENT WILL LUVJO LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF LUVJO LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH LUVJO. LUVJO LLC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM LUVJO. LUVJO LLC ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH LUVJO, OR THROUGH ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO LUVJO, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LUVJO LLC's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO LUVJO LLC OR A PARTCIPATING MERCHANT, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

 

ANY DISPUTES WHICH ARISE BETWEEN YOU AND PARTCIPATING MERCHANTS ARE SOLELY BETWEEN YOU AND THE PARTCIPATING MERCHANT, AND LUVJO ASSUMES NO RESPONSIBILITY FOR SUCH DISPUTE, AND HAS NO DUTY TO INDEMNIFY EITHER PARTY WITH RESPECT TO ANY ACTIONS TAKEN BY YOU AND/OR PARTCIPATING MERCHANTS WHICH MAY GIVE RISE TO ANY LEGAL CLAIMS.

 

YOU AND LUVJO LLC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND LUVJO LLC AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 

IF YOU ARE DISSATISFIED WITH LUVJO OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LUVJO, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 6.

 

7. Your account, password, and security

 

 

LuvJo Account

 

Use of LuvJo services requires that you register and/or create an account with LuvJo LLC. To register and create an account, you must select an account designation and password and provide certain personal information to LuvJo LLC as set forth in the LuvJo LLC Privacy Policy. In consideration of the use of LuvJo LLC's services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LuvJo LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or for any reason or no reason, LuvJo LLC has the right to refuse any and all current or future use of LuvJo (or any portion thereof).  LuvJo LLC is not responsible for any dissatisfaction you experience due to your failure to maintain true, accurate, current and complete information on LuvJo.

 

You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify LuvJo LLC of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach(es) of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. LuvJo LLC will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

 

 

Level Up

 

In order to place on order with a participating merchant using LuvJo, you will be prompted to log in to your account with LevelUp, or create a new account and link it to your LuvJo account, thereby authorizing LuvJo to charge your LevelUp account for transactions completed using LuvJo. You authorize LevelUp to charge to your credit or debit card to complete the purchase. You hereby agree to be bound by LevelUp's term of service, currently found at https://www.thelevelup.com/terms, and its privacy policy, at https://www.thelevelup.com/privacy

 

8.  User Communications

 

Your mobile service carrier or provider may impose data usage, text message or other charges for your use of LuvJo, including sending or receiving text messages. Text messaging may not be available from all mobile phone service carriers or providers and mobile phone models. Mobile phone service may not be available in all areas. Check your mobile phone's capabilities for specifics.  You agree that we may send text messages and/or other notifications to the mobile phone number you provided from time to time. Without limiting anything set forth in these Terms of Use and in addition thereto, LuvJo is not responsible for incomplete, lost, delayed or misdirected content and/or information provided through LuvJo, including due to any filtering by your mobile service carrier or provider or lack of reception.


 

9.  Links

 

As a courtesy to you, LuvJo may offer links to other websites. Some of these websites may be affiliated with LuvJo LLC while others are not. LuvJo LLC is not responsible for the contents of any website pages created and maintained by organizations independent of LuvJo LLC. Visiting any such third-party website pages is at your own risk. LuvJo LLC has no control over these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by LuvJo LLC. By using LuvJo you acknowledge that LuvJo LLC is responsible neither for the availability of, nor the content located on or through any third-party website pages.

 

9. Trademarks

 

Marks, logos, and names of LuvJo LLC used on or in connection with LuvJo may not be used in connection with any product or service that is not under LuvJo LLC's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LuvJo LLC. All other trademarks not owned by LuvJo LLC (or its affiliates) that appear on LuvJo are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LuvJo LLC or its affiliates.

 

10. Consideration

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of LuvJo and receipt or use of data, content, products and/or services through LuvJo.

 

11. Jurisdiction, Applicable Law, and Limitations

 

This Site is created and controlled by LuvJo LLC in the State of New York, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions. Use of LuvJo is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. LuvJo LLC makes no claims or assurances that LuvJo are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through LuvJo must be filed in a federal or state court located in Kings County, New York, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

 

12. General

 

Enforceability

 

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

 

 

Entire Agreement

 

These Terms of Use, which hereby incorporate by reference the terms of LuvJo LLC's Privacy Policy (www.luvjo.com/legal/users/privacy), constitute the entire agreement between you and LuvJo LLC, superseding all prior agreements regarding LuvJo.

 

 

No Waiver

The failure of LuvJo, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

 

 

Headings & Construction

 

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

 

13. Contact LuvJo LLC

 

For purposes of providing notice of cancellation or termination, contact us at: contact@luvjo.com.

 

 

 

www.luvjo.com