Terms of Service
Last Modified: June 8, 2017
These terms and conditions (these “Terms and Conditions”) are entered into by and between you, the user of the Services (“you” or “your”) and Lula, LLC (“Lula”, “we” or “us”) and govern your access to and use of Lula’s websites, including www.lula.life (each, a “Website”), Lula’s mobile applications (each, an “Application”) and any applications, websites, content, products, functionality, and services offered by Lula on or through the Website and Application (collectively referred to as the “Services”).
Lula is a Kansas limited liability company based in the United States. We provide these Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Subject to your compliance with these Terms and Conditions, Lula grants to you a limited, non-exclusive, non-sublicensable, revocable, and non-transferrable license to: (a) download, install, and use the Application on your personal (if you are a Customer) or commercial (if you are a Service Provider) mobile device solely for the purpose of facilitating the receipt of (if you are a Customer) or provision of (if you are a Service Provider) services for job requests originated through the Application; (b) access and use the Website and its content solely for the purpose of facilitating the receipt of (if you are a Customer) or provision of (if you are a Service Provider) services for job requests originated through the Website; and (c) access and use any content, information, and related materials that are made available to you through the Services, in each case solely to assist with the facilitation of services for one or more jobs requested through the Application or Website.
You may not: (a) copy the Services; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; (e)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; or (g) use the Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
You acknowledge and agree that the Services are provided under license, and not sold, to you. The Services and all rights therein are and shall remain Lula’s property or the property of Lula’s licensors. Any rights not expressly granted herein are reserved by Lula and Lula’s licensors.
Third Party Services and Content
When you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity (your “Account”). You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be liable to you for any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
User Requirements and Conduct
You may not assign or otherwise transfer your Account to any other person or entity. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to a Third Party Provider or any other party. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that Lula may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Lula at any time by adjusting your Account settings from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Lula may, in Lula’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to the Services and/or a Third Party Provider’s or Service Provider’s services, subject to any additional terms that Lula establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Lula; (iii) may be disabled by Lula at any time for any reason without liability to Lula; (iv) may only be used pursuant to the specific terms that Lula establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Lula reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Lula determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms and Conditions.
Collection and Use of Your Information
User Provided Content
The Services may contain message and feedback boards, ratings, personal profiles, forums, user portfolios, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
Any User Contribution you post through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution to the Services, you grant us and our affiliates and service providers and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your Account settings.
You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with these Terms and Conditions. You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute, and you, not Lula, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Services. YOU WAIVE AND HOLD HARMLESS LULA AND ITS AFFILIATES, OTHER LICENSEES, AND OTHER SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted through the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Networking Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. Lula does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Charges; Financial Data
You understand that use of the Services may result in charges to you for the services or goods you receive as well as charges for service fees incurred by Lula in providing the Services (“Charges”). Lula will facilitate payment of the Charges payable to Service Providers on behalf of Service Providers, but only as such Service Provider’s limited payment collection agent. Payment of Charges payable to Service Providers shall be considered the same as payment made directly to the Service Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid are final and non-refundable, unless otherwise determined by Lula.
All Charges are due immediately and payment will be facilitated by Lula and its agents using the means of payment associated with your Account. If your Account payment method is expired, invalid or otherwise not able to be charged, you agree that Lula and its agents may use a secondary payment method in your Account, if available.
Disclaimers; Limitations of Liability; Indemnity
You acknowledge and agree that we do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE SERVICES, THEIR CONTENT, AND OTHER ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING YOUR USERNAME, PASSWORD, AND OTHER PERSONAL INFORMATION) IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY OTHER ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LULA NOR ANY PERSON ASSOCIATED WITH LULA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LULA NOR ANYONE ASSOCIATED WITH LULA REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APPLICATIONS, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LULA MAKES NO WARRANTY WITH REGARD TO THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH WITHIN THE CSA (IF YOU ARE A CUSTOMER) OR SLA (IF YOU ARE A SERVICE PROVIDER) AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL LULA, ITS LICENSORS, OTHER SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Claims of Copyright Infringement
All rights and remedies provided hereunder for Lula are cumulative and not exclusive, and the exercise by Lula of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available to Lula at law, in equity, by statute, in any other agreement between the parties or otherwise.
You may not assign these Terms and Conditions without Lula’s prior written approval. Lula may assign these Terms and Conditions without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Lula’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Lula or any other Service Provider, other Customer, or Third Party Provider as a result of these Terms and Conditions or use of the Services. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Lula’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lula in writing.
Your Comments and Concerns
All notices, feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Lula at: firstname.lastname@example.org.