Version Date: March 1st, 2015
2. User License
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.
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).
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.
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.
7. Your account, password, and security
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.
8. User Communications
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.
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.
11. Jurisdiction, Applicable Law, and Limitations
Headings & Construction
13. Contact LuvJo LLC
For purposes of providing notice of cancellation or termination, contact us at: firstname.lastname@example.org.