Terms of Service (“Terms“)

Last updated: March 15, 2018

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.lapalopa.com website and the mobile application (the “Service”) operated by Lapa Lopa Inc. (“Lapa Lopa”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Privacy Policy

Trust is the cornerstone of any relationship.  We take your privacy seriously.  Our privacy policy can be viewed at http://www.lapalopa.com/privacy (the “Privacy Policy”).

Service Access and Account Registration

You may be asked to provide certain account information and other details to access the Service.  This account information allows us to provide you with the most relevant content and service(s).   The account information that you provide should be correct and current as a condition of your usage of the Service.  With regard to your username, password, and other account information, it is also governed by our Privacy Policy.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis, typically monthly, in alignment with the Service to which you have subscribed.  The scope, features, and price of your Subscription is based on the Service for which you registered.

For details about your Subscription, you can review it in the Profile & Account module of our website or mobile application after logging into the Service for your account.  You may also edit your payment method via the Profile & Account module.  If a payment is not successfully settled, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.  This may result in changes to the payment billing dates.

Proprietary Materials

Lapa Lopa reserves all intellectual property rights to the copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of Lapa Lopa (known as “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, sound, and business processes.  The Terms of Service granted you is a right of access through the Service and does not grant to you to download or store any Proprietary Materials.

Links to Our Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Lapa Lopa.

Lapa Lopa has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Lapa Lopa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Termination

You agree that we may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.  All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You may terminate your Service via the appropriate dashboard in our website or mobile application.  If you cancel your Service, that Service will remain active to the end of your term to the extent that your Subscription has been paid.  If you are dissatisfied with the Service, your only right and remedy is to terminate your Subscription.  While Lapa Lopa would like to get feedback to improve your satisfaction, there is no alternative other than as set forth herein as we will not offer refunds on any fees or charges related to your Subscription – this includes any partially used or unused periods for which you have already paid.  Your obligation to pay continues through the end of the Subscription term prior to your termination.

Indemnification

You agree to defend and hold Lapa Lopa, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any submission made through your user account on the Services or that you otherwise make available through the Services.

Release

You release Lapa Lopa, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

No Warranty

Lapa Lopa provides the services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Lapa Lopa and its vendors make no representations, warranties or conditions, express or implied. Lapa Lopa and its vendors expressly disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (b) warranties or conditions arising through course of dealing or usage of trade, and (c) warranties or conditions of uninterrupted or error-free access or use.

Limitation on Liability

Lapa Lopa provides the services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Lapa Lopa and its vendors make no representations, warranties or conditions, express or implied. Lapa Lopa and its vendors expressly disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (a) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (b) warranties or conditions arising through course of dealing or usage of trade, and (c) warranties or conditions of uninterrupted or error-free access or use.

Choice of Law for Disputes

These Terms of Use are governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions. The parties (a) hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of the State of Michigan and to the jurisdiction of the United States District Court for the District of the Eastern District of Michigan for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this Agreement except in the state courts of the State of Michigan or the United States District Court for the District of Eastern District of Michigan, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Agreement or the subject matter hereof may not be enforced in or by such court.