| This Terms of Use Agreement ("Agreement") constitutes
a legally binding agreement made between you, whether personally
or on behalf of an entity ("you") and Live On The Go, Inc. ("Company"),
concerning your access to and use of the liveonthego.com website
("Website"). The Website allows users to order food and beverages
from restaurants and similar establishments (collectively, "Restaurants")
and participate in interactive programs offered from time to time
by Company in connection with the Website (collectively, the "Company
Services"). The Company Services are hosted in the United States.
1. |
Eligibility.
By using the Company Services, you represent and
warrant that:
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(a) |
all registration information you submit is truthful and
accurate;
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(b) |
you will maintain the accuracy of such information;
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(c) |
you are 18 years of age or older; and
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(d) |
your use of the Company Services does not violate any
applicable law or regulation.
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2. |
User Representations and Warranties. You are entirely responsible
for the content of, and any harm resulting from, your postings
to the interactive portions of the Website (collectively, "Contribution").
When you create or make available a Contribution, you thereby
represent and warrant that:
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(a) |
the creation, distribution, transmission, public display
and performance, accessing, downloading and copying of your
Contribution does not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark or trade secret rights of any third party;
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(b) |
your Contribution is not obscene, lewd, lascivious,
filthy, excessively violent, harassing or otherwise objectionable,
libelous or slanderous, does not advocate the violent overthrow
of the government of the United States, does not incite, encourage
or threaten immediate physical harm against another, does
not violate any applicable law, regulation, or rule, and does
not violate the privacy or publicity rights of any third party;
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(c) |
your Contribution does not contain material that solicits
personal information from anyone under 18 or exploit people
under the age of 18 in a sexual or violent manner, and does
not violate any federal or state law concerning child pornography
or otherwise intended to protect the health or wellbeing of
minors;
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(d) |
your Contribution does not violate any state or federal
law designed to regulate electronic advertising;
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(e) |
your Contribution does not amount to trolling, or the
making of controversial statements for the sole purpose of
generating responses by others;
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(f) |
your Contribution does not inundate the Website with
communications suggesting no serious intent to use the Website
for its stated purpose;
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(g) |
your Contribution does not otherwise violate, or link
to material that violates, any provision of this Agreement
or any applicable law or regulation; and
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(h) |
your Contribution does not contain pictures, data, audio
or visual files, or any other content that is excessive in
size, as determined by COMPANY in its sole discretion.
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3. |
Prohibited Activities. You may not access or use the Website
for any other purpose other than that for which Company makes
it available. Certain activities, even if legal, may violate the
common rules of etiquette governing Contributions, as determined
by Company in Company's sole discretion. Prohibited activity includes,
but is not limited to:
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(a) |
criminal or tortuous activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, copyright infringement, patent
infringement, or theft of trade secrets;
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(b) |
advertising to, or solicitation of, any user to buy
or sell any products or services;
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(c) |
transmitting chain letters or junk email to other users;
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(d) |
using any information obtained from the Website in order
to contact, advertise to, solicit, or sell to any user without
their prior explicit consent;
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(e) |
engaging in any automated use of the system, such as
using scripts to add friends or send comments or messages;
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(f) |
interfering with, disrupting, or creating an undue burden
on the Website or the networks or services connected to the
Website;
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(g) |
attempting to impersonate another user or person;
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(h) |
using the username of another user;
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(i) |
selling or otherwise transferring your profile;
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(j) |
using any information obtained from the Website in order
to harass, abuse, or harm another person;
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(k) |
displaying an advertisement, or accepting payment or
anything of value from a third person in exchange for your
performing any commercial activity on or through the Website
on behalf of that person, such as posting blogs or bulletins
with a commercial purpose; and
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(l) |
using the Website in a manner inconsistent with any
and all applicable laws and regulations.
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4. |
Passwords. When you create an account with the Website, you
will be asked to supply a password. You must keep your password
confidential, and are responsible for all use of your password
and account.
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5. |
Intellectual Property Rights. The content on the Website, except
for all Contributions (collectively, "Materials") and the trademarks,
service marks and logos contained therein ("Marks"), are owned
by or licensed to Company, subject to copyright and other intellectual
property rights under United States and foreign laws and international
conventions. Materials on the Website are provided to you AS IS
for your information and personal use only and may not be used,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. Company reserves all rights not expressly granted in and
to the Website and the Materials. You agree to not engage in the
use, copying, or distribution of any of the Materials other than
expressly permitted by Company, including any use, copying, or
distribution of third parties' materials obtained through the
Website for any commercial purposes. If you download or print
a copy of the Materials for personal use, you must retain all
copyright and other proprietary notices contained therein. You
agree not to circumvent, disable or otherwise interfere with security
related features of the Website or features that prevent or restrict
use or copying of any Materials or enforce limitations on use
of the Website or the Materials therein.
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6. |
Company's Right to Manage the Website and Terminate Users.
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6.1 |
Company Website Management. Company reserves the right
but does not have the obligation to:
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(a) |
monitor the Website for violations of this Agreement;
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(b) |
take appropriate legal action against anyone who,
in Company's sole discretion, violates this Agreement,
including without limitation, reporting you to law enforcement
authorities;
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(c) |
in Company's sole discretion and without limitation,
refuse, restrict access to or availability of, or disable
(to the extent technologically feasible) any user's Contribution
or any portion thereof that may violate this Agreement
or any Company policy;
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(d) |
in Company's sole discretion and without limitation,
notice or liability to remove from the Website or otherwise
disable all files and content that are excessive in size
or are in any way burdensome to Company's systems;
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(e) |
terminate the accounts of repeat infringers; and
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(f) |
to otherwise manage the Website in a manner designed
to protect the rights and property of Company and others
and to facilitate the proper functioning of the Website.
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6.2 |
Company's Right to Terminate Users. WITHOUT LIMITING
ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE
RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY DENY ACCESS TO AND USE OF THE WEBSITE TO, ANY
PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT
CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
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7. |
Term. This Agreement shall remain in full force and effect
while you use the Company Services or use the Website. You may
terminate your use or participation at any time, for any reason,
by following the instructions on the Website. Company may terminate
your use or participation at any time, without warning. Even after
your use and participation is terminated, this Agreement will
remain in effect, including sections 1, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15 and 16.
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8. |
Non-commercial Use by Users. The Company Services are for the
personal use of Users only and may not be used in connection with
any commercial endeavors except those that are specifically endorsed
or approved by Company. You shall not do the following without
the express written consent of Company:
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(a) |
make any unauthorized use of the Company Services, including
collecting usernames and/or email addresses of users by electronic
or other means for the purpose of sending unsolicited email;
and
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(b) |
engage in unauthorized framing of or linking to the
Website.
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9. |
Copyright Policy. Company will terminate the account and access
rights of any repeat infringer. If you are a copyright owner or
the legal agent of a copyright owner, and you believe that any
content on the Website infringes upon your copyrights, you may
submit a notification pursuant to the Company
Digital Millennium Copyright Act ("DMCA") Notice.
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10. |
Modifications. Company may modify this Agreement from time to
time. Company will alert all users with whom it maintains email
information of such modifications by means of an email to their
most recently provided email address. Any and all changes to this
Agreement will also be reflected on the Website. You agree to
be bound to any changes to this Agreement when you use the Company
Services after any such modification is posted. It is therefore
important that you regularly review this Agreement and keep your
contact information current to ensure you are informed of any
changes.
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11. |
Disputes Between Users and Restaurants. You are solely responsible
for your conduct. Company reserves the right, but has no obligation,
to monitor disputes between you and Restaurants.
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12. |
Disputes with Company. All disputes arising out of or relating
to this Agreement (including its formation, performance, or alleged
breach) or your access to or use of the Contributions and Website,
including without limitation your or others' downloading or consumption
materials available by means of the Website or third party websites
or your purchasing of goods or services from third parties, will
be exclusively resolved under confidential binding arbitration
held in Orange County, California before and in accordance with
the rules of JAMS. Notwithstanding the foregoing, Company will
have the right to seek injunctive relief to enforce this Agreement
or to stop or prevent an infringement of proprietary or other
third party rights. In the event of litigation or to compel arbitration
or to enforce an arbitration award under this Section, or to obtain
an injunction under this Section, the parties hereby irrevocably
consent and submit to the personal jurisdiction and venue of the
state and federal courts located in Orange County, California.
This Agreement will be interpreted exclusively by California law.
IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS
CONTAINED IN THIS SECTION YOU MUST NOTIFY US IN WRITING WITHIN
30 DAYS AFTER REGISTERING WITH THE WEBSITE BY SENDING US AN EMAIL
AT CONTACTUS@LIVEONTHEGO.COM. IF YOU NOTIFY US BY THAT TIME THAT
YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED
IN THIS SECTION, YOU MAY CONTINUE TO USE THE NON-INTERACTIVE PORTION
OF THE WEBSITE; HOWEVER, YOUR REGISTRATION WILL BE CANCELLED AND
YOU WILL NOT BE ABLE TO USE THE INTERACTIVE FEATURES OF THE WEBSITE.
IF YOU ELECT TO CONTINUE USING THE NON-INTERACTIVE PORTION OF
THE WEBSITE AFTER GIVING COMPANY SUCH NOTICE, YOU AGREE TO ACCEPT
ALL OF THE TERMS OF THIS AGREEMENT EXCEPT FOR THE BINDING ARBITRATION
PROVISIONS CONTAINED IN THIS SECTION.
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13. |
Disclaimers. Company cannot control the nature of the content
available on the Website. By operating the Website, Company does
not represent or imply that Company endorses any Contributions
or other content available on or linked to by the Website, including
without limitation content hosted on third party websites, or
that Company believes Contributions or other content to be accurate,
useful or non-harmful. YOU AGREE THAT YOUR USE OF THE WEBSITE
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR
THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
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14. |
Limitation on Liability. IN NO EVENT SHALL COMPANY BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM
OF YOUR USE OF THE WEBSITE.
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15. |
Indemnity. You agree to indemnify and hold Company, its subsidiaries,
and affiliates, and their respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of your Contributions, use of the Company
Services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Contribution that
you post on the Company Website or through the Company Services
causes Company to be liable to another. 16. Other. This Agreement
constitutes the entire agreement between you and Company regarding
the use of the Company Services. The failure of Company to exercise
or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles
in this Agreement are for convenience only and have no legal or
contractual effect. This Agreement operates to the fullest extent
permissible by law. If any provision or part of a provision of
this Agreement is unlawful, void or unenforceable, that provision
or part of the provision is deemed severable from this Agreement
and does not affect the validity and enforceability of any remaining
provisions.
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16. |
Other. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
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