Terms of Service

Last Modified: June 8, 2017

Acceptance

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”).

Please read these Terms of Conditions carefully before accessing or using the services. By accessing and using the Services, you accept and agree to be bound and abide by these Terms and Conditions, our privacy policy for the Services found at https://lula.life/privacy-policy (the “Privacy Policy”), Lula’s service level agreement (“SLA”), if you are a service provider of Lula that provides requested job services to Lula customers through the Services (a “Service Provider”), and Lula’s customer service agreement (“CSA”) if you use the Services to receive job services from a Service Provider (a “Customer”), as they may be amended from time to time by Lula. If you do not agree to these Terms and Conditions, the Privacy Policy, or the SLA (if you are a Service Provider) or CSA (if you are a Customer), you may not provide, access, use, or install the Services. These Terms of Use, our Privacy Policy, the SLA (if you are a Service Provider), and the CSA (if you are a Customer) constitute the sole and entire agreement between you and Lula with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. In the event of a conflict between the terms of the SLA, with respect to a Service Provider, and these Terms and Conditions, the terms of the SLA shall control. In the event of a conflict between the terms of the CSA, with respect to a Customer, and these Terms and Conditions, the terms of the CSA shall control. As used herein, the words “including” and “include” mean “including, but not limited to.”

In reference to the Children’s Online Privacy Protection Act (COPPA), the Services and the collection of data through the use of the Services are not offered nor available to users who are 13 years of age or younger. By using the Services, you represent and warrant that you are not below the age of 13 and that you are of 18 years of age or older. If you do not meet these requirements, you may not access, use, or install the Services. Please see our Privacy Policy for more information on our Services and COPPA.

We may revise and update these Terms and Conditions, the Privacy Policy, SLA, and CSA from time to time, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of such revisions means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

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.

License

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

The Services may be made available or accessed in connection with third party services and content (including payment solutions) provided by third parties (“Third Party Providers”) that Lula does not control (including the collection of payment information). You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Lula does not endorse such third party services and content and in no event shall Lula be responsible or liable for any products or services of such Third Party Providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

User Accounts

To access the Services, you may be required to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete. You agree that all information you provide to register for use of the Services or otherwise, including but not limited to through the use of any interactive features provided by the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

Text Messaging

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.

Promotional Codes

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

You acknowledge that when you download, install, or use the Services, Lula may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device, IP addresses, and about your use of the Services. All information we collect through or in connection with the Services is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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.

We have the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Lula; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Services; and (e) terminate or suspend your access to all or part of the Services for any reason, including any violation of these Terms of Use.

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.

These content standards (“Content Standards”) apply to any and all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity or advocate, promote, or assist any unlawful act; (g) Impersonate any person or misrepresent your identity or affiliation with any person or organization; or (h) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

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.

To the full extent permitted by law, you agree to defend, indemnify, and hold harmless Lula, its affiliates, licensors, and other Service Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, the SLA (if you are a Service Provider), the CSA (if you are a Customer), or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, the SLA (if you are a Service Provider), and the CSA (if you are a Customer), or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas, in each case located in Kansas City, Kansas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country and also retain the right to submit all claims to binding arbitration located in Kansas City, Kansas. You waive any and all objections to the exercise of jurisdiction and venue over you by such courts or arbitration panels.

TO THE FULL EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Lula of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lula to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Claims of Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us using the contact information on the last page of this Terms of Use. It is the policy of Lula to terminate the user accounts of repeat infringers.

Cumulative Remedies

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.

General

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: info@lula.life.