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. (“LOTG”), 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 LOTG in connection with the Website (collectively, the “LOTG Services”). The LOTG Services are hosted in the United States.
Eligibility. By using the LOTG Services, you represent and warrant that:
all registration information you submit is truthful and accurate;
you will update your contact information if it changes so that we can contact you
you are 18 years of age or older; and
your use of the LOTG Services does not violate any applicable law or regulation.
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:
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;
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;
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;
your Contribution does not violate any state or federal law designed to regulate electronic advertising;
your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
your Contribution does not inundate the Website with communications suggesting no serious intent to use the Website for its stated purpose;
your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by LOTG in its sole discretion.
Prohibited Activities. You may not access or use the Website for any other purpose other than that for which LOTG makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by LOTG in LOTG’s sole discretion. Prohibited activity includes, but is not limited to:
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;
advertising to, or solicitation of, any user to buy or sell any products or services;
transmitting chain letters or junk email to other users;
using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
attempting to impersonate another user or person;
using the username of another user;
selling or otherwise transferring your profile;
using any information obtained from the Website in order to harass, abuse, or harm another person;
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
using the Website in a manner inconsistent with any and all applicable laws and regulations.
Grant of License to LOTG for Contributions. LOTG needs a license from you so that we can use your Contributions on the Website or elsewhere. By making a Contribution to the Website, you grant to LOTG a worldwide, perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to LOTG), fully-paid, and royalty-free (meaning that LOTG is not required to pay you to use your Contribution) and sublicensable (meaning that LOTG can sublicense its rights to, for example, a third party service provider for the purpose of hosting the Website) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, rent, resell and distribute the Contribution.
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.
Intellectual Property Rights of LOTG. 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 LOTG, 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. LOTG 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 LOTG, 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. You further agree not to access the Website by any means other than through the interface that is provided by LOTG.
LOTG’s Right to Manage the Website and Terminate Users.
LOTG Website Management. LOTG reserves the right but does not have the obligation to: (a) monitor the Website for violations of this Agreement; (b) take appropriate legal action against anyone who, in LOTG's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in LOTG’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 LOTG policy; (d) in LOTG’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 LOTG’s systems; (e) terminate the accounts of repeat infringers; and (f) to otherwise manage the Website in a manner designed to protect the rights and property of LOTG and others and to facilitate the proper functioning of the Website.
LOTG’s Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, LOTG RESERVES THE RIGHT TO, IN LOTG’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.
Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully any information you post on the Website and that you give to other Website users. You are discouraged from posting the following information on the Website: your full name, telephone numbers and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, an din some cases will be mislabled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Website. We expect that you will use caution and common sense when using the Website.
Term. This Agreement shall remain in full force and effect while you use the LOTG 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. LOTG 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, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19.
Non-commercial Use by Users. The LOTG 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 LOTG. You shall not do the following without the express written consent of LOTG: (a) make any unauthorized use of the LOTG Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the Website.
Copyright Policy. LOTG 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 LOTG Digital Millennium Copyright Act (“DMCA”) Notice. See http://www.liveonthego.com/copyright.aspx.
Modifications. LOTG may modify this Agreement from time to time. LOTG 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 LOTG 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.
Disputes Between Users and Restaurants. You are solely responsible for your conduct. LOTG reserves the right, but has no obligation, to monitor disputes between you and Restaurants.
Disputes with LOTG, Choice of Law and Forum. You and LOTG agree to submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California. You and LOTG further agree that any disputes shall be resolved under the substantive law of the State of California (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply.
Disclaimers. LOTG CANNOT CONTROL THE NATURE OF THE CONTENT AVAILABLE ON THE WEBSITE. BY OPERATING THE WEBSITE, LOTG DOES NOT REPRESENT OR IMPLY THAT LOTG 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 LOTG 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, LOTG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LOTG 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.LOTG 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 LOTG 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.
Limitation on Liability. IN NO EVENT SHALL LOTG 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 LOTG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LOTG'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 LOTG FOR THE LOTG SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE.
Indemnity. You agree to indemnify and hold LOTG, 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 LOTG 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 LOTG Website or through the LOTG Services causes LOTG to be liable to another.
Liquidated Damages. You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a reasonable estimation of harm, you agree to pay LOTG $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through the Website.
Third Party Websites. The Website may contain links to other websites (“Third Party Websites”). LOTG does not own or operate the Third Party Websites, and LOTG has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Websites. The availability of these links on the Website does not represent, warrant or imply that LOTG endorses any Third Party Websites or any materials, opinions, goods or services available thereby. Third party materials accessed through or used by means of the Third Party Websites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY WEBSITES. BEFORE VISITING A THIRD PARTY WEBSITE BY MEANS OF THE WEBSITE OR A LINK LOCATED ON THE WEBSITE, USERS SHOULD REVIEW THE THIRD PARTY WEBSITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER WEBSITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF SUCH THIRD PARTY WEBSITES.
Miscellaneous.
Entire Agreement. This Agreement constitutes the entire agreement between you and LOTG regarding the use of the LOTG Services and Website and supersedes any prior or contemporaneous understandings and agreements between you and LOTG related to the subject matter hereof.
Non-Waiver. The failure of LOTG to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Severability. 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.
Assignment. You may not assign your rights under this Agreement to any third party; LOTG may assign its rights under this Agreement without condition.
Independent Contractors. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between LOTG and any user.
No Third Party Beneficiaries. This Agreement is between you and LOTG. There are no third party beneficiaries to the Agreement.