If you like legal, here's something to read:
HOMEOWNERS, RENTERS, TENANTS, PROPERTY MANAGERS
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LOWO THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION INCLUDING THE WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY.
Consumer Terms of Use
1. Contractual Relationship
These terms of use (“Terms”) govern your access or use from and within the United States (and its territories and possessions) of the applications, websites, content, products, and services (the “Services,” as more fully defined below) made available in the United States (its territories and possessions) by LOWO Inc., and its owners, parents, subsidiaries, and all of their respective representatives, affiliates, officers, directors, employees and agents (collectively, “LOWO”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LOWO. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. LOWO may immediately terminate these Terms or any of the Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on lowoapp.com) or in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
LOWO may amend the Terms from time to time. Amendments will be effective upon LOWO’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. No contractual arrangement is created between you and LOWO, or you and any Provider (as defined below) based upon your use of the Services, the quotes provided to you by any Provider or your request of service or scheduling of an appointment with a Provider. To contract with a Provider, you must work directly with said Provider. LOWO does not perform, and is not responsible for, any services or goods requested by you in your service request. Your rights under contracts you enter into with Providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws, and LOWO is not a party to such agreements. All payments and applicable taxes must be made by you to the Provider in accordance with the agreement between you and said Provider and all laws. In the event you have a dispute with respect to any Provider, services or goods provided or the fees charged by any Provider, you must address such dispute with the Provider directly.
LOWO may inform you of certain offers or discounts provided by Providers. Such offers or discounts are made solely by the individual Provider, and LOWO does not guarantee or warrant the pricing, validity or discounts that a Provider may offer you via any Services. Unless otherwise expressly noted, any quotes provided by Providers via the Service, or which you find on the Services, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Services.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against LOWO on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against LOWO, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against LOWO by someone else.
A. Agreement to Binding Arbitration between You and LOWO
You and LOWO agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to, or use of, the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and LOWO, and not in a court of law.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND LOWO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both you and LOWO otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and LOWO each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Rules; Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA.
The parties hereto agree that the arbitrator (“Arbitrator”) shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved, and these Terms shall be governed by and construed, in accordance with the laws of the State of Texas, without giving effect to any conflict of law principles.
C. Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the State of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
D. Location and Procedure
Unless you and LOWO otherwise agree, the arbitration will be conducted in the Harris County, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and LOWO submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. Arbitrator’s Decision and Fees
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
F. Changes
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if LOWO changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing LOWO written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o LOWO, or (b) by email from the email address associated with your account to support@lowoapp.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and LOWO in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
G. Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
A. Defined
The Services comprise mobile and internet based applications and related services (each, an “Application”), which enable consumer end users to arrange, or otherwise schedule appointments, for the provision of various services or goods from third party providers of such services or goods (“Providers”). YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES OR GOODS FROM PROVIDERS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH LOWO AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
LOWO DOES NOT VET OR OTHERWISE PERFORM ANY INVESTIGATION SERVICES OR BACKGROUND CHECKS ON ANY PROVIDERS. LOWO DOES NOT INDEPENDENTLY VERIFY ANY PROVIDERS, REPRESENTATIONS ABOUT THEIR SERVICES OR GOODS, OR VALIDATE ANY REVIEWS, AND DOES NOT ENDORSE, OR RECOMMEND THE SERVICES OR GOODS OF, ANY PARTICULAR PROVIDER. ALL CUSTOMER RATINGS AND REVIEWS OF PROVIDERS DISPLAYED TO YOU REFLECT THE OPINIONS OF THOSE PROVIDING THE RATING OR REVIEW, AND DO NOT REFLECT OR REPRESENT THE OPINIONS OR REPRESENTATIONS OF LOWO. IT IS ENTIRELY UP TO YOU TO EVALUATE THE PROVIDER AND THEIR TRUSTWORTHINESS, QUALIFICATIONS, SUITABILITY AND BACKGROUND, AND TO ENTER INTO A DIRECT CONTRACT OR OTHERWISE REACH AGREEMENT WITH SUCH PROVIDER. THE PROVIDERS ARE NOT EMPLOYEES, CONSULTANTS OR AGENTS OF LOWO; LOWO IS NOT AN AGENT OF THE PROVIDERS.
B. License
Subject to your compliance with these Terms, LOWO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by LOWO and LOWO’s licensors.
C. Restrictions
You may not: (i) remove, or otherwise deface, any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LOWO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
D. Provision of the Services
You acknowledge that portions of the Services may be made available under LOWO’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of LOWO’s subsidiaries and affiliates; or (ii) independent Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
E. Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that LOWO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. LOWO does not endorse such third party services and content and in no event shall LOWO be responsible or liable for any services or goods of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows-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.
F. Ownership
The Services and all rights therein are and shall remain LOWO’s property or the property of LOWO’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services (except for the limited license granted in Section 3.B. above); or (ii) to use or reference in any manner LOWO’s company names, logos, product and service names, trademarks or service marks or those of LOWO’s licensors.
4. Access and Use of the Services
A. Consumer Accounts
In order to use the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if higher than 18), to obtain an Account. Account registration requires you to submit to LOWO certain personal information, such as your name and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by LOWO in writing, you may only possess one Account.
B. Consumer Requirements and Conduct
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services or goods from Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not, in your access or use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any Provider or any other party. 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. You acknowledge and agree that your use of the Services is for your personal use and not for advertising purposes. You may not use the Services to recreate or compete with LOWO, or to solicit, harass, stalk, intimidate or otherwise harm or injure any Provider or third party, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to LOWO for any and all such damages. LOWO reserve the right to revoke your access to any of the Services at any time. All information about Providers is confidential and for your personal use only. If it is determined or suspected by LOWO, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Services, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, LOWO reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost profits, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
C. Text Messaging and Telephone Calls
You agree that LOWO and Providers may contact you by telephone, email or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a LOWO account, including for marketing purposes, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list. You understand that you are not required to provide this consent as a condition of purchasing any services or goods. You also understand that you may opt out of receiving text messages from LOWO at any time by contacting lowoapp.com. If you do not choose to opt out, LOWO may contact you as outlined in its Consumer Privacy Statement, located at www.lowoapp.com/privacy.
D. Referrals and Promotional Codes
LOWO may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on provision of future Services or a Provider’s services or goods, or other features or benefits related to the Services and/or a Provider’s services or goods, subject to any additional terms that LOWO establishes. 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 LOWO; (iii) may be disabled by LOWO at any time for any reason without liability to LOWO; (iv) may only be used pursuant to the specific terms that LOWO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. LOWO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that LOWO determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of these Terms.
E. Consumer Provided Content
LOWO may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LOWO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services or Provider’s services or goods, initiation of support requests, and submission of entries for competitions and promotions (“Consumer Content”). Any Consumer Content provided by you remains your property. However, by providing Consumer Content to LOWO, you grant LOWO a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Consumer Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LOWO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Consumer Content or you have all rights, licenses, consents and releases necessary to grant LOWO the license to the Consumer Content as set forth above; and (ii) neither the Consumer Content, nor your submission, uploading, publishing or otherwise making available of such Consumer Content, nor LOWO’s use of the Consumer Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to, and shall, not provide Consumer Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LOWO in its sole discretion, whether or not such material may be protected by law. LOWO may, but shall not be obligated to, review, monitor, or remove Consumer Content, at LOWO’s sole discretion and at any time and for any reason, without notice to you.
F. Network 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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LOWO 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.
5. Disclaimers; Limitation of Liability; Indemnity
A. Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOWO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOWO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOWO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, ABILITY OR ANY RATING OR REVIEW OF ANY PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. Limitation of Liability
LOWO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING LOWO.
LOWO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF, OR RELIANCE ON, THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PROVIDER, EVEN IF LOWO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOWO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. YOU ACKNOWLEDGE THAT PROVIDERS PROVIDING SERVICES REQUESTED MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES OR GOODS WITH PROVIDERS, BUT YOU AGREE THAT LOWO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH SERVICES OR GOODS PROVIDED TO YOU BY ANY PROVIDERS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOWO’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LOWO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
C. Indemnity
You agree to indemnify, defend, release and hold harmless LOWO from and against any and all claims, demands, causes of action, losses, liabilities, judgments, fines, penalties, awards, costs and expenses (including reasonable attorneys’ fees), of any kind or character, arising out of, derived from or in connection with: (i) your use of the Services, or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) LOWO’s use of your Consumer Content; (iv) any dispute between you and a Provider; or (v) your violation of the rights of any third party, including Providers, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING ANY OF LOWO.
6. Other Provisions
A. Claims of Copyright Infringement
Claims of copyright infringement should be sent to LOWO. Please visit LOWO’s web page at lowoapp.com for the designated address and additional information.
B. Notice
LOWO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to LOWO, with such notice deemed given when received by LOWO, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o LOWO.
C. General
You may not assign these Terms without LOWO’s prior written approval. LOWO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LOWO’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, LOWO or any Provider as a result of these Terms or use of the Services. If any provision of these Terms 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. LOWO’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 LOWO in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
D. Privacy
LOWO’s collection and use of personal information in connection with the Services is described in LOWO’s Privacy Statements located at lowoapp.com.
SERVICE PROVIDER
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LOWO THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION INCLUDING THE WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY.
Provider Terms of Use
1. Contractual Relationship
These terms of use (“Terms”) govern your access or use from and within the United States (and its territories and possessions) of the applications, websites, content, products, and services (the “Services,” as more fully defined below) made available in the United States (its territories and possessions) by LOWO, LLC and its owners, parents, subsidiaries, and all of their respective representatives, affiliates, officers, directors, employees and agents (collectively, “LOWO”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LOWO. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. LOWO may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on lowoapp.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
LOWO may amend the Terms from time to time. Amendments will be effective upon LOWO’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
No contractual arrangement is created between you and LOWO, or you and any Consumer (as defined below) based upon your use of Services, quotes you provide to any Consumer or your acceptance of any request of service or scheduling of an appointment with a Consumer. To contract with a Consumer, you must work directly with said Consumer to form an agreement. LOWO is not responsible for any requests of service. Your rights under contracts you enter into with any Consumer is governed by the terms of such contracts and by applicable federal, state, provincial and local laws, and LOWO is not a party to such agreements. All payments and applicable taxes must be made to you by the Consumer in accordance with the agreement between you and said Consumer. In the event you have a dispute with respect to any Consumer, the services or goods provided by you or the fees paid by any Consumer, you must address such dispute with the Consumer directly.
LOWO may allow you to inform Consumers of certain offers or discounts. Such offers or discounts are made solely by you, and LOWO does not guarantee or warrant the pricing, validity or discounts that you may offer via any Services.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against LOWO on an individual basis in arbitration, as set forth in this Article 2 (“Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against LOWO, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against LOWO by someone else.
A. Agreement to Binding Arbitration between You and LOWO
You and LOWO agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to, or use of, the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and LOWO, and not in a court of law.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND LOWO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding unless otherwise agreed to in writing by LOWO. However, you and LOWO each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Rules; Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect.
The parties hereto agree that the arbitrator (“Arbitrator”) shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved, and these Terms shall be governed by and construed, in accordance with the laws of the State of Texas, without giving effect to any conflict of law principles.
C. Process; Location
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. The arbitration will be conducted in Houston, Harris County, Texas. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
D. Arbitrator’s Decision; Fees
Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
E. Changes
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if LOWO changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing LOWO written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o LOWO, or (b) by email from the email address associated with your account to support@lowoapp.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and LOWO in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
F. Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
A. Defined
The Services comprise mobile and internet based applications and related services (each, an “Application”), which enable consumer end users (“Consumers”) to arrange, or otherwise schedule appointments, for the provision of various services or goods from third party providers of such services or goods, including you. YOU ACKNOWLEDGE THAT YOUR ABILITY TO PROVIDE SERVICES OR GOODS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH LOWO AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
LOWO DOES NOT VET OR OTHERWISE PERFORM ANY INVESTIGATIVE SERVICES OR BACKGROUND CHECKS ON ANY CONSUMERS. LOWO DOES NOT INDEPENDENTLY VERIFY CONSUMERS, OR VALIDATE ANY REVIEWS, AND DOES NOT ENDORSE, OR RECOMMEND PROVIDING SERVICES OR GOODS TO, ANY PARTICULAR PROVIDER. ALL RATINGS AND REVIEWS OF CONSUMERS DISPLAYED TO YOU REFLECT THE OPINIONS OF THOSE PROVIDING THE RATING OR REVIEW, AND DO NOT REFLECT OR REPRESENT THE OPINIONS OR REPRESENTATIONS OF LOWO. IT IS ENTIRELY UP TO YOU TO EVALUATE THE PROVIDER AND THEIR BACKGROUND, AND TO ENTER INTO A DIRECT CONTRACT OR OTHERWISE REACH AGREEMENT WITH SUCH PROVIDER. THE CONSUMERS, IN THEIR INDIVIDUAL CAPACITIES, ARE NOT EMPLOYEES, CONSULTANTS OR AGENTS OF LOWO; LOWO IS NOT AN AGENT OF ANY CONSUMER.
B. License
Subject to your compliance with these Terms, LOWO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your professional use. Any rights not expressly granted herein are reserved by LOWO and LOWO’s licensors.
C. Restrictions
You may not: (i) remove, or otherwise deface, any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LOWO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
D. Provision of the Services
You acknowledge that portions of the Services may be made available under LOWO’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of LOWO’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
E. Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that LOWO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. LOWO does not endorse such third party services and content and in no event shall LOWO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows-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.
F. Ownership
The Services and all rights therein are and shall remain LOWO’s property or the property of LOWO’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services (except for the limited license granted in Section 3.B. above); or (ii) to use or reference in any manner LOWO’s company names, logos, product and service names, trademarks or services marks or those of LOWO’s licensors.
G. Provider Fees and Billing
You agrees to be bound by the then applicable pricing plan provisions for any and all leads and requests for service presented to you (“Lead Fees”), and for completed transactions, as further described in LOWO Marketing Schedule, then in effect, and for any inclusion in our Services. You will pay to LOWO the applicable non-refundable fees as defined and set forth in the LOWO Marketing Schedule, then in effect, which may include: (i) an Enrollment Fee; (ii) Lead Fees for Consumer leads; (iii) minimum Monthly Marketing Fees; (iv) Directed Marketing (“Boost”) Fee and (v) Administrative Fees. Our billing period runs weekly from Sunday to Saturday. LOWO reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
You agree that payment for Lead Fees will be made by LOWO initiating an ACH transfer or processing your credit card each Friday for the previous week’s activity. You may view a statement of your monthly lead activity on your LOWO account. LOWO may, in its sole discretion, issue you a credit (“Credit”), provided, however, that any and all Credits must be requested by you within thirty (30) days of the date that the charge was incurred. Credits that are issued to an Account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to LOWO and are in no way, referral commissions based upon your successful completion of services.
You shall pay a minimum monthly marketing fee as set forth on the LOWO Marketing Schedule, on a monthly basis (the “Monthly Marketing Fee”). You agree that payments will be made by LOWO initiating an ACH transfer or processing your credit card, in advance, on a monthly basis. You agree that the Monthly Marketing Fee shall be charged by LOWO and paid by you on a monthly basis until you or LOWO terminate these Terms. The Monthly Marketing Fee shall be prorated for the unused portion of the month. Any free trial or other promotion that provides for a reduced Monthly Marketing Fee shall expire as set forth in the free trial or other promotion terms and conditions. As a condition to the free trial or other promotion, you must provide method of payment. Upon termination or expiration of the free trial period or other promotion, you shall thereafter pay the Monthly Marketing Fee unless these Terms are terminated.
LOWO may provide you the opportunity to utilize the Services for the purposes of Directed Marketing, or Boost, which is the advertising of your services or goods via the Services directly to those Consumers within a set of defined parameters. In the event you elect to Boost, you agree to pay the Directed Marketing Fee as set forth in the LOWO Marketing Schedule, then in effect, at the time the Boost is sent via the Services.
You authorize LOWO to charge you for, and you agree to remit payment to LOWO, any sales or similar taxes that may be imposed on any of the foregoing fees LOWO actually charges you.
4. Access and Use of the Services
A. Provider Accounts
In order to use the Services, you must register for and maintain an active Provider account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if higher than 18), to obtain an Account. Account registration requires you to submit to LOWO certain personal information, such as your name, mobile phone number and types of services or goods you provide. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account user name and password at all times. Unless otherwise permitted by LOWO in writing, you may only possess one Account.
B. Provider Requirements and Conduct
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to any Consumer or any other party. 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. You acknowledge and agree that your use of Services is for your professional use. You may not use Services to recreate or compete with LOWO, or to stalk, harass or otherwise harm or injure any Consumer, or for any other purpose not contemplated herein.
You agree and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing services or selling goods on your behalf, at the time you become a Provider, and thereafter while these Terms remain in effect, as follows:
(i) You are qualified and capable of performing or providing the services or goods you selected in your Account, and any subsequent amendments you make to your Account.
(ii) All information about Consumers is confidential and for your professional use in the provision of services or goods only.
(iii) You are, and at all times will be, properly and fully licensed (to the extent license is available), bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations, as evidenced by the information contained in your Account. You will update your Account promptly in the event of any such changes to your licensing, bonding or insured status.
(iv) You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your use of the Services, you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly update your Account. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services or goods to any customers.
(v) You agree that LOWO shall have the right to disclose any information LOWO has regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
(vi) You agree to allow only employees of your company or independent contractors performing or providing services or goods directly on behalf of your business to contact or provide services or goods to Consumers you learn of via the Services. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of these Terms. You agree not to sell, trade, gift, assign, or otherwise transfer any Requests for Service to any other party.
You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to LOWO for any such damages. LOWO reserve the right to revoke your access to any Services at any time. If it is determined or suspected by LOWO, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Services, or are using or attempting to use them for any inappropriate or non-professional purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, stalking, jamming or spamming, LOWO reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost profits, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
C. Text Messaging and Telephone Calls
You agree that LOWO, Consumers and other third parties may contact you by telephone, email or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a LOWO account, including for marketing purposes, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list. You also understand that you may opt out of receiving text messages from LOWO at any time by contacting lowoapp.com. If you do not choose to opt out, LOWO may contact you as outlined in its. For additional information relating to how LOWO may use your information, please refer to the Provider Privacy Statement, located at www.lowoapp.com/privacy.
D. Referrals and Promotional Codes
LOWO may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services, subject to any additional terms that LOWO establishes. 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 LOWO; (iii) may be disabled by LOWO at any time for any reason without liability to LOWO; (iii) may only be used pursuant to the specific terms that LOWO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. LOWO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other Provider in the event that LOWO determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of these Terms.
E. Provided Content
LOWO may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LOWO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Consumer, initiation of support requests, and submission of entries for competitions and promotions (“Provider Content”). Any Provider Content provided by you remains your property. However, by providing Provider Content to LOWO, you grant LOWO a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Provider Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LOWO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Provider Content or you have all rights, licenses, consents and releases necessary to grant LOWO the license to the Provider Content as set forth above; and (ii) neither the Provider Content, nor your submission, uploading, publishing or otherwise making available of such Provider Content, nor LOWO’s use of the Provider Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Provider Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LOWO in its sole discretion, whether or not such material may be protected by law. LOWO may, but shall not be obligated to, review, monitor, or remove Provider Content, at LOWO’s sole discretion and at any time and for any reason, without notice to you.
F. Network 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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LOWO 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.
5. Disclaimers; Limitation of Liability; Indemnity
A. Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOWO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOWO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY REQUEST FOR SERVICE THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOWO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, ABILITY OR ANY RATING OR REVIEW OF CONSUMERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY PROVISION OF SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. Limitation of Liability
LOWO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING ANY OF LOWO.
LOWO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF, OR RELIANCE ON, THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CONSUMDER, EVEN IF LOWO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOWO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE.
THE SERVICES MAY BE USED BY YOU TO OBTAIN REQUEST FOR SERVICE AND SCHEDULE APPOINTMENTS WITH CONSUMERS, BUT YOU AGREE THAT LOWO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH REQUEST FOR SERVICES PROVIDED TO YOU BY ANY CONSUMER.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A PROVIDER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOWO’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LOWO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
C. Indemnity
You agree to indemnify, defend, release and hold harmless LOWO from and against any and all claims, demands, causes of action, losses, liabilities, judgments, fines, penalties, awards, costs and expenses (including reasonable attorneys’ fees), of any kind or character, arising out of, derived from or in connection with: (i) your use of the Services or services or goods provided through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) LOWO’s use of your Provider Content; (iv) any dispute between you and a Consumer; or (v) your violation of the rights of any third party, including Consumers, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING LOWO.
6. Other Provisions
A. Claims of Copyright Infringement
Claims of copyright infringement should be sent to LOWO. Please visit LOWO’s web page at lowoapp.com for the designated address and additional information.
B. Notice
LOWO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to LOWO, with such notice deemed given when received by LOWO, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o LOWO.
C. General
You may not assign these Terms without LOWO’s prior written approval. LOWO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LOWO’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, LOWO or any Consumer as a result of these Terms or use of the Services. If any provision of these Terms 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. LOWO’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 LOWO in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
D. Privacy
LOWO’s collection and use of personal information in connection with the Services is described in LOWO’s Privacy Statements located at lowoapp.com
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LOWO THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION INCLUDING THE WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY.
Consumer Terms of Use
1. Contractual Relationship
These terms of use (“Terms”) govern your access or use from and within the United States (and its territories and possessions) of the applications, websites, content, products, and services (the “Services,” as more fully defined below) made available in the United States (its territories and possessions) by LOWO Inc., and its owners, parents, subsidiaries, and all of their respective representatives, affiliates, officers, directors, employees and agents (collectively, “LOWO”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LOWO. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. LOWO may immediately terminate these Terms or any of the Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on lowoapp.com) or in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
LOWO may amend the Terms from time to time. Amendments will be effective upon LOWO’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. No contractual arrangement is created between you and LOWO, or you and any Provider (as defined below) based upon your use of the Services, the quotes provided to you by any Provider or your request of service or scheduling of an appointment with a Provider. To contract with a Provider, you must work directly with said Provider. LOWO does not perform, and is not responsible for, any services or goods requested by you in your service request. Your rights under contracts you enter into with Providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws, and LOWO is not a party to such agreements. All payments and applicable taxes must be made by you to the Provider in accordance with the agreement between you and said Provider and all laws. In the event you have a dispute with respect to any Provider, services or goods provided or the fees charged by any Provider, you must address such dispute with the Provider directly.
LOWO may inform you of certain offers or discounts provided by Providers. Such offers or discounts are made solely by the individual Provider, and LOWO does not guarantee or warrant the pricing, validity or discounts that a Provider may offer you via any Services. Unless otherwise expressly noted, any quotes provided by Providers via the Service, or which you find on the Services, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Services.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against LOWO on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against LOWO, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against LOWO by someone else.
A. Agreement to Binding Arbitration between You and LOWO
You and LOWO agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to, or use of, the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and LOWO, and not in a court of law.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND LOWO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both you and LOWO otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and LOWO each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Rules; Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA.
The parties hereto agree that the arbitrator (“Arbitrator”) shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved, and these Terms shall be governed by and construed, in accordance with the laws of the State of Texas, without giving effect to any conflict of law principles.
C. Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the State of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
D. Location and Procedure
Unless you and LOWO otherwise agree, the arbitration will be conducted in the Harris County, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and LOWO submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. Arbitrator’s Decision and Fees
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
F. Changes
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if LOWO changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing LOWO written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o LOWO, or (b) by email from the email address associated with your account to support@lowoapp.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and LOWO in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
G. Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
A. Defined
The Services comprise mobile and internet based applications and related services (each, an “Application”), which enable consumer end users to arrange, or otherwise schedule appointments, for the provision of various services or goods from third party providers of such services or goods (“Providers”). YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES OR GOODS FROM PROVIDERS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH LOWO AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
LOWO DOES NOT VET OR OTHERWISE PERFORM ANY INVESTIGATION SERVICES OR BACKGROUND CHECKS ON ANY PROVIDERS. LOWO DOES NOT INDEPENDENTLY VERIFY ANY PROVIDERS, REPRESENTATIONS ABOUT THEIR SERVICES OR GOODS, OR VALIDATE ANY REVIEWS, AND DOES NOT ENDORSE, OR RECOMMEND THE SERVICES OR GOODS OF, ANY PARTICULAR PROVIDER. ALL CUSTOMER RATINGS AND REVIEWS OF PROVIDERS DISPLAYED TO YOU REFLECT THE OPINIONS OF THOSE PROVIDING THE RATING OR REVIEW, AND DO NOT REFLECT OR REPRESENT THE OPINIONS OR REPRESENTATIONS OF LOWO. IT IS ENTIRELY UP TO YOU TO EVALUATE THE PROVIDER AND THEIR TRUSTWORTHINESS, QUALIFICATIONS, SUITABILITY AND BACKGROUND, AND TO ENTER INTO A DIRECT CONTRACT OR OTHERWISE REACH AGREEMENT WITH SUCH PROVIDER. THE PROVIDERS ARE NOT EMPLOYEES, CONSULTANTS OR AGENTS OF LOWO; LOWO IS NOT AN AGENT OF THE PROVIDERS.
B. License
Subject to your compliance with these Terms, LOWO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by LOWO and LOWO’s licensors.
C. Restrictions
You may not: (i) remove, or otherwise deface, any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LOWO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
D. Provision of the Services
You acknowledge that portions of the Services may be made available under LOWO’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of LOWO’s subsidiaries and affiliates; or (ii) independent Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
E. Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that LOWO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. LOWO does not endorse such third party services and content and in no event shall LOWO be responsible or liable for any services or goods of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows-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.
F. Ownership
The Services and all rights therein are and shall remain LOWO’s property or the property of LOWO’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services (except for the limited license granted in Section 3.B. above); or (ii) to use or reference in any manner LOWO’s company names, logos, product and service names, trademarks or service marks or those of LOWO’s licensors.
4. Access and Use of the Services
A. Consumer Accounts
In order to use the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if higher than 18), to obtain an Account. Account registration requires you to submit to LOWO certain personal information, such as your name and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by LOWO in writing, you may only possess one Account.
B. Consumer Requirements and Conduct
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services or goods from Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not, in your access or use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any Provider or any other party. 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. You acknowledge and agree that your use of the Services is for your personal use and not for advertising purposes. You may not use the Services to recreate or compete with LOWO, or to solicit, harass, stalk, intimidate or otherwise harm or injure any Provider or third party, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to LOWO for any and all such damages. LOWO reserve the right to revoke your access to any of the Services at any time. All information about Providers is confidential and for your personal use only. If it is determined or suspected by LOWO, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Services, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, LOWO reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost profits, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
C. Text Messaging and Telephone Calls
You agree that LOWO and Providers may contact you by telephone, email or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a LOWO account, including for marketing purposes, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list. You understand that you are not required to provide this consent as a condition of purchasing any services or goods. You also understand that you may opt out of receiving text messages from LOWO at any time by contacting lowoapp.com. If you do not choose to opt out, LOWO may contact you as outlined in its Consumer Privacy Statement, located at www.lowoapp.com/privacy.
D. Referrals and Promotional Codes
LOWO may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on provision of future Services or a Provider’s services or goods, or other features or benefits related to the Services and/or a Provider’s services or goods, subject to any additional terms that LOWO establishes. 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 LOWO; (iii) may be disabled by LOWO at any time for any reason without liability to LOWO; (iv) may only be used pursuant to the specific terms that LOWO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. LOWO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that LOWO determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of these Terms.
E. Consumer Provided Content
LOWO may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LOWO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services or Provider’s services or goods, initiation of support requests, and submission of entries for competitions and promotions (“Consumer Content”). Any Consumer Content provided by you remains your property. However, by providing Consumer Content to LOWO, you grant LOWO a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Consumer Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LOWO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Consumer Content or you have all rights, licenses, consents and releases necessary to grant LOWO the license to the Consumer Content as set forth above; and (ii) neither the Consumer Content, nor your submission, uploading, publishing or otherwise making available of such Consumer Content, nor LOWO’s use of the Consumer Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to, and shall, not provide Consumer Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LOWO in its sole discretion, whether or not such material may be protected by law. LOWO may, but shall not be obligated to, review, monitor, or remove Consumer Content, at LOWO’s sole discretion and at any time and for any reason, without notice to you.
F. Network 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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LOWO 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.
5. Disclaimers; Limitation of Liability; Indemnity
A. Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOWO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOWO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOWO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, ABILITY OR ANY RATING OR REVIEW OF ANY PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. Limitation of Liability
LOWO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING LOWO.
LOWO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF, OR RELIANCE ON, THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PROVIDER, EVEN IF LOWO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOWO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. YOU ACKNOWLEDGE THAT PROVIDERS PROVIDING SERVICES REQUESTED MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES OR GOODS WITH PROVIDERS, BUT YOU AGREE THAT LOWO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH SERVICES OR GOODS PROVIDED TO YOU BY ANY PROVIDERS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOWO’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LOWO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
C. Indemnity
You agree to indemnify, defend, release and hold harmless LOWO from and against any and all claims, demands, causes of action, losses, liabilities, judgments, fines, penalties, awards, costs and expenses (including reasonable attorneys’ fees), of any kind or character, arising out of, derived from or in connection with: (i) your use of the Services, or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) LOWO’s use of your Consumer Content; (iv) any dispute between you and a Provider; or (v) your violation of the rights of any third party, including Providers, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING ANY OF LOWO.
6. Other Provisions
A. Claims of Copyright Infringement
Claims of copyright infringement should be sent to LOWO. Please visit LOWO’s web page at lowoapp.com for the designated address and additional information.
B. Notice
LOWO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to LOWO, with such notice deemed given when received by LOWO, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o LOWO.
C. General
You may not assign these Terms without LOWO’s prior written approval. LOWO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LOWO’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, LOWO or any Provider as a result of these Terms or use of the Services. If any provision of these Terms 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. LOWO’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 LOWO in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
D. Privacy
LOWO’s collection and use of personal information in connection with the Services is described in LOWO’s Privacy Statements located at lowoapp.com.
SERVICE PROVIDER
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LOWO THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION INCLUDING THE WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY.
Provider Terms of Use
1. Contractual Relationship
These terms of use (“Terms”) govern your access or use from and within the United States (and its territories and possessions) of the applications, websites, content, products, and services (the “Services,” as more fully defined below) made available in the United States (its territories and possessions) by LOWO, LLC and its owners, parents, subsidiaries, and all of their respective representatives, affiliates, officers, directors, employees and agents (collectively, “LOWO”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LOWO. In these Terms, the words “including” and “include” mean “including, but not limited to.”
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. LOWO may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on lowoapp.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
LOWO may amend the Terms from time to time. Amendments will be effective upon LOWO’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
No contractual arrangement is created between you and LOWO, or you and any Consumer (as defined below) based upon your use of Services, quotes you provide to any Consumer or your acceptance of any request of service or scheduling of an appointment with a Consumer. To contract with a Consumer, you must work directly with said Consumer to form an agreement. LOWO is not responsible for any requests of service. Your rights under contracts you enter into with any Consumer is governed by the terms of such contracts and by applicable federal, state, provincial and local laws, and LOWO is not a party to such agreements. All payments and applicable taxes must be made to you by the Consumer in accordance with the agreement between you and said Consumer. In the event you have a dispute with respect to any Consumer, the services or goods provided by you or the fees paid by any Consumer, you must address such dispute with the Consumer directly.
LOWO may allow you to inform Consumers of certain offers or discounts. Such offers or discounts are made solely by you, and LOWO does not guarantee or warrant the pricing, validity or discounts that you may offer via any Services.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against LOWO on an individual basis in arbitration, as set forth in this Article 2 (“Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against LOWO, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against LOWO by someone else.
A. Agreement to Binding Arbitration between You and LOWO
You and LOWO agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to, or use of, the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and LOWO, and not in a court of law.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND LOWO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding unless otherwise agreed to in writing by LOWO. However, you and LOWO each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Rules; Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect.
The parties hereto agree that the arbitrator (“Arbitrator”) shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved, and these Terms shall be governed by and construed, in accordance with the laws of the State of Texas, without giving effect to any conflict of law principles.
C. Process; Location
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules. The arbitration will be conducted in Houston, Harris County, Texas. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
D. Arbitrator’s Decision; Fees
Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
E. Changes
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if LOWO changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing LOWO written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o LOWO, or (b) by email from the email address associated with your account to support@lowoapp.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and LOWO in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
F. Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
A. Defined
The Services comprise mobile and internet based applications and related services (each, an “Application”), which enable consumer end users (“Consumers”) to arrange, or otherwise schedule appointments, for the provision of various services or goods from third party providers of such services or goods, including you. YOU ACKNOWLEDGE THAT YOUR ABILITY TO PROVIDE SERVICES OR GOODS THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH LOWO AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
LOWO DOES NOT VET OR OTHERWISE PERFORM ANY INVESTIGATIVE SERVICES OR BACKGROUND CHECKS ON ANY CONSUMERS. LOWO DOES NOT INDEPENDENTLY VERIFY CONSUMERS, OR VALIDATE ANY REVIEWS, AND DOES NOT ENDORSE, OR RECOMMEND PROVIDING SERVICES OR GOODS TO, ANY PARTICULAR PROVIDER. ALL RATINGS AND REVIEWS OF CONSUMERS DISPLAYED TO YOU REFLECT THE OPINIONS OF THOSE PROVIDING THE RATING OR REVIEW, AND DO NOT REFLECT OR REPRESENT THE OPINIONS OR REPRESENTATIONS OF LOWO. IT IS ENTIRELY UP TO YOU TO EVALUATE THE PROVIDER AND THEIR BACKGROUND, AND TO ENTER INTO A DIRECT CONTRACT OR OTHERWISE REACH AGREEMENT WITH SUCH PROVIDER. THE CONSUMERS, IN THEIR INDIVIDUAL CAPACITIES, ARE NOT EMPLOYEES, CONSULTANTS OR AGENTS OF LOWO; LOWO IS NOT AN AGENT OF ANY CONSUMER.
B. License
Subject to your compliance with these Terms, LOWO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your professional use. Any rights not expressly granted herein are reserved by LOWO and LOWO’s licensors.
C. Restrictions
You may not: (i) remove, or otherwise deface, any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by LOWO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
D. Provision of the Services
You acknowledge that portions of the Services may be made available under LOWO’s various brands or request options. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of LOWO’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
E. Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that LOWO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. LOWO does not endorse such third party services and content and in no event shall LOWO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows-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.
F. Ownership
The Services and all rights therein are and shall remain LOWO’s property or the property of LOWO’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services (except for the limited license granted in Section 3.B. above); or (ii) to use or reference in any manner LOWO’s company names, logos, product and service names, trademarks or services marks or those of LOWO’s licensors.
G. Provider Fees and Billing
You agrees to be bound by the then applicable pricing plan provisions for any and all leads and requests for service presented to you (“Lead Fees”), and for completed transactions, as further described in LOWO Marketing Schedule, then in effect, and for any inclusion in our Services. You will pay to LOWO the applicable non-refundable fees as defined and set forth in the LOWO Marketing Schedule, then in effect, which may include: (i) an Enrollment Fee; (ii) Lead Fees for Consumer leads; (iii) minimum Monthly Marketing Fees; (iv) Directed Marketing (“Boost”) Fee and (v) Administrative Fees. Our billing period runs weekly from Sunday to Saturday. LOWO reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
You agree that payment for Lead Fees will be made by LOWO initiating an ACH transfer or processing your credit card each Friday for the previous week’s activity. You may view a statement of your monthly lead activity on your LOWO account. LOWO may, in its sole discretion, issue you a credit (“Credit”), provided, however, that any and all Credits must be requested by you within thirty (30) days of the date that the charge was incurred. Credits that are issued to an Account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to LOWO and are in no way, referral commissions based upon your successful completion of services.
You shall pay a minimum monthly marketing fee as set forth on the LOWO Marketing Schedule, on a monthly basis (the “Monthly Marketing Fee”). You agree that payments will be made by LOWO initiating an ACH transfer or processing your credit card, in advance, on a monthly basis. You agree that the Monthly Marketing Fee shall be charged by LOWO and paid by you on a monthly basis until you or LOWO terminate these Terms. The Monthly Marketing Fee shall be prorated for the unused portion of the month. Any free trial or other promotion that provides for a reduced Monthly Marketing Fee shall expire as set forth in the free trial or other promotion terms and conditions. As a condition to the free trial or other promotion, you must provide method of payment. Upon termination or expiration of the free trial period or other promotion, you shall thereafter pay the Monthly Marketing Fee unless these Terms are terminated.
LOWO may provide you the opportunity to utilize the Services for the purposes of Directed Marketing, or Boost, which is the advertising of your services or goods via the Services directly to those Consumers within a set of defined parameters. In the event you elect to Boost, you agree to pay the Directed Marketing Fee as set forth in the LOWO Marketing Schedule, then in effect, at the time the Boost is sent via the Services.
You authorize LOWO to charge you for, and you agree to remit payment to LOWO, any sales or similar taxes that may be imposed on any of the foregoing fees LOWO actually charges you.
4. Access and Use of the Services
A. Provider Accounts
In order to use the Services, you must register for and maintain an active Provider account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if higher than 18), to obtain an Account. Account registration requires you to submit to LOWO certain personal information, such as your name, mobile phone number and types of services or goods you provide. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account user name and password at all times. Unless otherwise permitted by LOWO in writing, you may only possess one Account.
B. Provider Requirements and Conduct
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to any Consumer or any other party. 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. You acknowledge and agree that your use of Services is for your professional use. You may not use Services to recreate or compete with LOWO, or to stalk, harass or otherwise harm or injure any Consumer, or for any other purpose not contemplated herein.
You agree and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing services or selling goods on your behalf, at the time you become a Provider, and thereafter while these Terms remain in effect, as follows:
(i) You are qualified and capable of performing or providing the services or goods you selected in your Account, and any subsequent amendments you make to your Account.
(ii) All information about Consumers is confidential and for your professional use in the provision of services or goods only.
(iii) You are, and at all times will be, properly and fully licensed (to the extent license is available), bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations, as evidenced by the information contained in your Account. You will update your Account promptly in the event of any such changes to your licensing, bonding or insured status.
(iv) You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your use of the Services, you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly update your Account. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services or goods to any customers.
(v) You agree that LOWO shall have the right to disclose any information LOWO has regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
(vi) You agree to allow only employees of your company or independent contractors performing or providing services or goods directly on behalf of your business to contact or provide services or goods to Consumers you learn of via the Services. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of these Terms. You agree not to sell, trade, gift, assign, or otherwise transfer any Requests for Service to any other party.
You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to LOWO for any such damages. LOWO reserve the right to revoke your access to any Services at any time. If it is determined or suspected by LOWO, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Services, or are using or attempting to use them for any inappropriate or non-professional purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, stalking, jamming or spamming, LOWO reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost profits, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
C. Text Messaging and Telephone Calls
You agree that LOWO, Consumers and other third parties may contact you by telephone, email or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a LOWO account, including for marketing purposes, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list. You also understand that you may opt out of receiving text messages from LOWO at any time by contacting lowoapp.com. If you do not choose to opt out, LOWO may contact you as outlined in its. For additional information relating to how LOWO may use your information, please refer to the Provider Privacy Statement, located at www.lowoapp.com/privacy.
D. Referrals and Promotional Codes
LOWO may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future Services, subject to any additional terms that LOWO establishes. 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 LOWO; (iii) may be disabled by LOWO at any time for any reason without liability to LOWO; (iii) may only be used pursuant to the specific terms that LOWO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. LOWO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other Provider in the event that LOWO determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of these Terms.
E. Provided Content
LOWO may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to LOWO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Consumer, initiation of support requests, and submission of entries for competitions and promotions (“Provider Content”). Any Provider Content provided by you remains your property. However, by providing Provider Content to LOWO, you grant LOWO a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Provider Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and LOWO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all Provider Content or you have all rights, licenses, consents and releases necessary to grant LOWO the license to the Provider Content as set forth above; and (ii) neither the Provider Content, nor your submission, uploading, publishing or otherwise making available of such Provider Content, nor LOWO’s use of the Provider Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide Provider Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by LOWO in its sole discretion, whether or not such material may be protected by law. LOWO may, but shall not be obligated to, review, monitor, or remove Provider Content, at LOWO’s sole discretion and at any time and for any reason, without notice to you.
F. Network 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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. LOWO 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.
5. Disclaimers; Limitation of Liability; Indemnity
A. Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOWO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOWO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY REQUEST FOR SERVICE THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOWO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, ABILITY OR ANY RATING OR REVIEW OF CONSUMERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY PROVISION OF SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. Limitation of Liability
LOWO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING ANY OF LOWO.
LOWO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF, OR RELIANCE ON, THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CONSUMDER, EVEN IF LOWO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOWO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE.
THE SERVICES MAY BE USED BY YOU TO OBTAIN REQUEST FOR SERVICE AND SCHEDULE APPOINTMENTS WITH CONSUMERS, BUT YOU AGREE THAT LOWO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SUCH REQUEST FOR SERVICES PROVIDED TO YOU BY ANY CONSUMER.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A PROVIDER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LOWO’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LOWO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
C. Indemnity
You agree to indemnify, defend, release and hold harmless LOWO from and against any and all claims, demands, causes of action, losses, liabilities, judgments, fines, penalties, awards, costs and expenses (including reasonable attorneys’ fees), of any kind or character, arising out of, derived from or in connection with: (i) your use of the Services or services or goods provided through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) LOWO’s use of your Provider Content; (iv) any dispute between you and a Consumer; or (v) your violation of the rights of any third party, including Consumers, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, PRE-EXISTING CONDITIONS, WHETHER SUCH CONDITIONS BE PATENT OR LATENT, IMPERFECTION OF MATERIAL, DEFECT OR FAILURE OF THE SERVICE, BREACH OF REPRESENTATION OR WARRANTY (EXPRESS OR IMPLIED), ULTRAHAZARDOUS ACTIVITY, STRICT LIABILITY, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, BREACH OF ANY SAFETY REQUIREMENT OR REGULATION, OR THE NEGLIGENCE OF ANY PERSON OR PARTY, INCLUDING LOWO.
6. Other Provisions
A. Claims of Copyright Infringement
Claims of copyright infringement should be sent to LOWO. Please visit LOWO’s web page at lowoapp.com for the designated address and additional information.
B. Notice
LOWO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to LOWO, with such notice deemed given when received by LOWO, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o LOWO.
C. General
You may not assign these Terms without LOWO’s prior written approval. LOWO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of LOWO’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, LOWO or any Consumer as a result of these Terms or use of the Services. If any provision of these Terms 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. LOWO’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 LOWO in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.
D. Privacy
LOWO’s collection and use of personal information in connection with the Services is described in LOWO’s Privacy Statements located at lowoapp.com