Lola Agent LLC (“Lola”, “we”, “us” or “our”) is a discovery, recommendation, reservation and booking platform primarily for travel, restaurants, experiences and activities.   

Please read these Terms of Use (the “Terms”) carefully as they contain important information about your use of Lola across our websites, mobile applications, AI assistants, messaging platform plug-ins, and voice/chat features (collectively, the “Service”).

The terms “Member,” “you,” or “your” mean any individual who interacts with or utilizes the Service, regardless of whether an account is registered.

BY ACCESSING OR USING THE SERVICE, YOU ACCEPT THESE TERMS AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ACCEPT AND ENTER INTO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

ADDITIONALLY, SECTION 10 (ARBITRATION AGREEMENT) OF THESE TERMS CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS BROUGHT AGAINST US (INCLUDING OUR AFFILIATES, PARENTS AND SUBSIDIARIES) IN THE UNITED STATES (AND ELSEWHERE, IF APPLICABLE). THIS MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE USE OF OUR SERVICE, OR THESE TERMS TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT OUT OF THE MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW.

1. ACCESS TO & USE OF THE SERVICE

1.1 Your Use of the Service

Subject to these Terms, Lola grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, informational, and noncommercial use. Lola reserves the right, at any time, to modify, suspend, or discontinue the Service with or without notice, and any changes or updates to the Service shall be governed by these Terms. Lola has no obligation to provide support or maintenance for the Service.

1.2 Lola Limitations

Lola does not agree to act as your agent or fiduciary in providing Services.

1.3 Certain Restrictions

You agree not to:

• license, sell, assign, distribute or otherwise commercially exploit the Service or any content displayed on the Service;

• modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;

• access the Service in order to build a similar or competitive website, product, or service;

• copy, distribute, republish, download, display, post or transmit the Service to anyone else; or

• introduce or upload any viruses, worms or other malicious computer programming codes that may damage the Service.

1.4 IP Ownership

All content, features, and functionality on our Service, including but not limited to the "Lola" name, logos, software, text, graphics, and proprietary algorithms, are the exclusive property of Lola and are protected by copyright, trademark, and other intellectual property laws. Your use of the Service grants you no right, title, or interest in our intellectual property except for the limited right to access the services as intended. Lola and its suppliers reserve all rights not granted in these Terms.

1.5 Feedback

If you provide Lola with any feedback, documents, proposals, or suggestions regarding the Service (“Feedback”), you hereby grant to Lola a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable right and license to use, reproduce, perform, display, distribute, adapt, re-format, create derivative works of, and otherwise exploit any Feedback, including in connection with the Service and any future products and services.

1.6 Terms Updates

 Lola reserves the right to make changes to these Terms or add supplemental terms in connection with certain features or applications. When changes are made or supplemental terms prepared, Lola will make a new copy of these Terms of Use and/or such supplemental terms, as applicable, available on the Service, and we will also update the “Last Revised” date at the top of this Agreement. If we make any material changes and you have registered an account with us, we may send an email with an updated copy of this Agreement to you at the email address associated with your account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately. Continued use of the Service constitutes acceptance of any such updates.

IF YOU DO NOT AGREE TO ANY CHANGE(S), YOU SHALL STOP USING THE SERVICE.

2. MEMBERSHIP, REGISTRATION & ACCESS TO YOUR GOOGLE ACCOUNTS

2.1 Membership

You become a Member the moment you access or use the Service, whether or not you create an account. You are solely responsible for all activity on your account and for keeping your information accurate. 

2.2 Authentication through Google

If you want to sign in with Google, you must register an account by authenticating through Google’s OAuth service (“Google OAuth”). By authenticating through Google OAuth, you authorize Lola to receive your full name, primary email address, profile picture URL, and Google account identifier.

2.3 Access to Your Google Account

As part of the Service, Lola may request access to certain data from your Google account via OAuth, including (a) read-only access to your Gmail account and (b) read-only access to your Google Calendar account. Lola does not modify, delete, send, or otherwise alter any Gmail messages or Calendar events. Raw email message bodies are not retained by Lola after extraction of structured data. You may revoke Lola’s access to your Google account at any time through your Google account permissions settings, and such revocation will take effect promptly; provided, however, that revocation of access may limit or eliminate your ability to use certain features of the Service.

2.4 Your Commitments

By granting such access to your Google account, you represent that:

• the Google account through which you authenticate belongs to you and you are authorized to use it for the purpose of accessing the Service;

• you have the right to grant Lola such access, including your Gmail messages and Google Calendar events;

• granting such access does not violate any terms or conditions governing your use of your Google account or any applicable law or any rights of third parties; and

• you understand that Lola will access, process, and store information derived from your Gmail messages and Google Calendar events as described in our Privacy Policy.

Lola shall not use data obtained from your Gmail or Google Calendar accounts for any purpose other than the Permitted Purposes set forth in our Privacy Policy.

2.5 Your Relationship with Google

YOUR RELATIONSHIP WITH GOOGLE IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH GOOGLE, AND LOLA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY GOOGLE IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR GOOGLE ACCOUNT.

2.6 Google’s Policy

Lola’s use of information received from Google APIs will adhere to Google’s API Services User Data Policy, including the Limited Use requirements.

3. USE OF ARTIFICIAL INTELLIGENCE (AI); INPUT & OUTPUT; USER CONTENT

The short version: AI can be helpful, but it is not perfect. You are responsible for what you submit and for reviewing what Lola generates before you rely on it. Certain content belongs to you while other content belongs to Lola.

3.1 AI, Chatbots and AI-Enabled Features

Lola uses artificial intelligence models, platforms and technologies (“AI” or “artificial intelligence”) in connection with the Service, including generative AI tools. For example, Lola may provide certain features, including a chatbot function and other AI-enabled features that respond to user requests with automated replies, leveraging certain third party AI providers or applications to power such functions. You acknowledge that AI-generated content may occasionally be inaccurate, incomplete, or "hallucinate" details such as pricing, availability, or travel requirements. You are solely responsible for independently verifying all critical information with the relevant Service Provider before booking or traveling. Lola is not liable for any damages resulting from reliance on inaccurate AI-generated content.

3.2 Use of Input & Output

(a) Input

As part of your use of the Service, you may share or upload information, pictures, or other materials or otherwise provide requests, queries or input to the Service other than Member Content (“Input”). When you make available any Input, you represent that you have sufficient rights to use and share such Input in connection with the Service without violating anyone else’s rights.

(b) Output

Using the data gathered by the Service (e.g., from your Google accounts) and your Input, the Service may generate content, information, recommendations or suggestions (“Output”). You are solely responsible for your use of Output created through the Service, and you assume all risks associated with its use. Our Service uses artificial intelligence, which can make mistakes or not properly reflect your goals. You are solely responsible for reviewing Output prior to its use and exercising your own judgment as to its suitability for use.

(c) Ownership

As between you and Lola, you retain ownership of your Input and Output, subject to the rights below. Outputs may include third party content or data, and that content or data remains owned by third parties and subject to their terms, and you do not have the right to reproduce, redistribute, or commercialize third party content. Due to the nature of the Service and artificial intelligence generally, Output may not be unique, and other users may receive the same or similar content or output from our Service. Therefore, responses that are requested by and generated for other users are not considered your Output.

(d) License and Usage Rights

Your Input and Output are used to provide the Service to you and as otherwise set forth in these Terms and our Privacy Policy, which contains important rights and restrictions with respect to our use or disclosure of your personal information.

3.3 Use of Member Content

(a) Member Content

The Service may include features (such as recommendations, reviews, ratings, forums, or shared itineraries) that allow you to submit, post, or transmit content intended, identified, or otherwise reasonably understood for display to other users or otherwise to be publicly available on Lola’s Service (“Member Content”).

(b) Ownership

As between you and Lola, you retain ownership of your Member Content, subject to the rights below.

(c) License and Usage Rights

By making Member Content available through the Service, you grant Lola a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, reformat, translate, create derivative works of, publish, publicly perform, publicly display, and distribute such Member Content in any media. This license may be exercised for any purpose, including operating, promoting, and improving the Service or other products and services, and including AI training.

(d) Your Commitments

You represent and warrant that:

• you own or have all necessary rights and licenses to your Input and Member Content and to grant the license above; and

• your Input and Member Content, and Lola’s use of it as permitted here, does not and will not infringe, misappropriate, or violate any third party’s intellectual property, privacy, or publicity rights, or any applicable law.

(e) Content Standards

You agree not to submit Input or Member Content that:

• is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, obscene, pornographic, or hateful;

• infringes or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right;

• violates the privacy or publicity rights of any third party, or discloses any personal information of others without authorization;

• is false, misleading, or impersonates any person or entity;

• constitutes unsolicited or unauthorized advertising, spam, or chain letters;

• contains software viruses or any code designed to disrupt or damage the Service; or

• is otherwise objectionable as determined by Lola in its reasonable discretion.

(f) No Obligation to Monitor; Removal

Lola has no obligation to monitor, review, or screen Input or Member Content, but reserves the right, in its sole discretion and without notice, to reject the use of certain Input or remove, edit, refuse to post, or disable access to any Member Content at any time and for any reason, including Member Content that Lola believes breaches these Terms or may create liability for Lola. Lola does not endorse and is not responsible for Member Content.

(g) No Liability for Your Exposure to Member Content

You acknowledge that you may be exposed to content that is inaccurate, offensive, or objectionable. Lola assumes no responsibility or liability for any content provided by third parties, including other Members, including any errors, defamation, or omissions therein, or for any loss or damage of any kind resulting from your use of, or reliance on, any such content. You are solely responsible for your exposure to or your interactions with other Members of the Service.

3.4 Third-Party AI Technologies

The Service utilizes certain third party artificial intelligence offerings (“AI Services”) to process Inputs and generate Output. You acknowledge and agree that Lola may share your Inputs with AI Services for this purpose and you assume all risks associated with your use of such AI Services.

3.5 Storage

Lola has no obligation to store any of Input, Output, or Member Content and no responsibility or liability for the deletion of Input, Output, or Member Content. You agree that Lola retains the right to create reasonable limits on Lola’s use and storage of any such content and information, such as limits on file size, storage space, processing capacity, and similar limits described on the Service and as otherwise determined by Lola in its sole discretion.

4. SERVICE PROVIDERS

4.1 Service Providers

The Service may use or contain links to third-party travel or experience suppliers, intermediaries, marketplaces, or technology vendors, including for such verticals as airlines, hotels, rental cars, cruise lines, restaurants, tours, concert venues, sporting events via websites, mobile apps, phones or other technology platforms or providers that perform such functions (collectively, “Service Providers”) through which you may independently choose to make bookings, reservations, purchases or otherwise transact in connection with your plans (“Third-Party Services”).

4.2 Bookings, Payments, Cancellations and Refunds

When you choose to book or transact with a Service Provider, you are dealing directly with that provider. Service Providers are not under the control of Lola and Lola is not responsible for any Service Providers. You become subject to the terms and conditions (including privacy policies, booking terms, cancellation policies, and refund policies) of that Service Provider.  All bookings, reservations, payments, cancellations, refunds, customer service, and other transactions conducted through any Service Provider are solely between you and the applicable third party and are governed exclusively by that third party’s terms and conditions. Lola has no involvement in, and assumes no responsibility or liability for, any such transactions or disputes arising therefrom. Lola does not review, approve, monitor, endorse, or make any representations with respect to Service Providers, or any product or service provided in connection therewith, including the accuracy of pricing, availability, quality, safety, or legality of any offerings.

When you leave our Service, this Agreement and our policies no longer govern.

4.3 Release

You hereby release and forever discharge Lola (and our officers, employees, agents, successors, affiliates, parent companies, subsidiaries and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, any Service Providers).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY 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 OR RELEASED PARTY.”

5. MOBILE APPLICATIONS & APP STORES

If you download, access, or use any mobile application version of the Service from Apple App Store or Google Play, you agree to Apple’s Licensed Application End User License Agreement and Google Play Terms of Service. Such Apple App Store and Google Play terms may be updated from time to time and it is your responsibility to review the latest terms. You acknowledge that this Agreement is between you and Lola and not with any app store.

6. MEMBERSHIP FEE

To enjoy full access to the Service, you may need to sign up and pay for a subscription on either a monthly or annual basis (“Membership Fee”). A subscription starts on the date that you sign up for a subscription and submit payment via a valid payment method or reactivate a pre-existing subscription.

7. DISCLAIMERS

7.1 Warranty Disclaimer

To the fullest extent permitted by applicable law, your use of the Service including any Output is at your sole risk, and the Service is provided on an “as is” and “as available” basis, with all faults. Lola expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement arising from use of the Service or your Input, Output, or Member Content, or any warranties of accuracy, completeness, truthfulness, timeliness or suitability.

7.2 Independent User Verification and Judgment

You, and not Lola, shall be solely responsible for your use of the Service and for any decisions you make or actions you take based on information provided by the Service. You are solely responsible for independently verifying all information provided by the Service before using or relying on it, including by consulting official government sources, licensed travel professionals, or other authoritative references as appropriate. Lola will not be held liable to you or any third party for any inaccurate, incomplete, or misleading information provided by the Service or any third-party providers, or for any loss, damage, or injury arising from your reliance on such information.

Lola shall not be liable for any inaccuracy, incompleteness, or unreliability of any content, travel suggestion, recommendation, or other information provided by the Service, including regarding pricing, availability, schedules, routes, destinations, accommodations, visa or entry requirements, health and safety conditions, or local laws and customs.

7.3 No Commitments for Conduct of Third Parties

You are solely responsible for all of your communications and interactions with third parties on the Service. You acknowledge and agree that Lola is not liable, and you agree not to seek to hold Lola liable, for the conduct of third parties, including Service Providers, even if referenced, recommended or linked to as part of our Service.

Lola makes no warranty that the goods or services provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Lola makes no warranty regarding the quality of any such goods or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any Member Content obtained through the Service.

7.4 Artificial Intelligence

The Service uses AI technologies. AI technologies are inherently probabilistic in nature and may generate outputs that appear plausible but are factually incorrect, incomplete, or fabricated (commonly referred to as “hallucinations”). As noted above, Lola does not guarantee the accuracy, reliability, completeness, or timeliness of any Output generated by the Service, so please use the Service at your own risk.

8. INDEMNIFICATION; LIMITATION ON LIABILITY

8.1 Indemnification

You agree to defend, indemnify, and hold harmless Lola and its officers, directors, employees, agents, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, and business partners or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents (each, a “Covered Party”) from and against any and all claims, causes of action, demands, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and accounting fees) arising out of or in any way connected with:

• your breach of these Terms, including any representation, warranty, or covenant you make in these Terms;

• your violation of any applicable law or regulation or the rights of any third party;

• your Member Content or your interactions with other users of the Service; or

• your access to or use of the Service or any content contained on the Service, including any decision or action you take based on any Output or other content.

This indemnity does not apply to the extent a claim arises from a Covered Party’s own gross negligence or willful misconduct.

8.2 Exclusions

To the maximum extent permitted by law, in no event shall a Covered Party be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Service, even if Lola or the Covered Party has been advised of the possibility of such damages. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. Some jurisdictions do not allow the limitation or exclusion of liability in all circumstances, so the above limitation or exclusion may not fully apply to you.

8.3 Liability Cap

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty U.S. dollars or, if greater, the fees that you paid us in exchange for the Service during the twelve (12) months prior to the incident or occurrence giving rise to such damages.

8.4 No Liability for Third Parties

Without limiting the foregoing, Lola will have no liability for any booking, reservation, payment, cancellation, refund, or other transaction you enter into with any third party, whether or not such transaction was initiated through a link provided by the Service, nor any other act or omission of any Service Provider.

8.5 Force Majeure 

To the extent permitted by law, a Covered Party does not assume liability or for any injury, damage, death, loss, accident or delay due to an act or omission of a Service Provider and do not accept responsibility for any damage and/or delay due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Party’s control. 

9. TERM AND TERMINATION

Subject to this Section 9, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Service will terminate immediately. Lola will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account.

Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 1.6, 3.2, 3.3, 3.4, 3.5, 4, 7, 8, 9, 10, 11, 12, and 13.

10. ARBITRATION AGREEMENT

10.1 Applicability of Arbitration Agreement

Subject to the terms of this Arbitration Agreement, you and Lola agree that any Disputes relating in any way to your relationship with Lola or its affiliates, parents or subsidiaries, access to or use of the Service, any communications you receive from Lola, or these Terms and prior versions of the Terms will be resolved by binding arbitration, rather than in court, except that:

• you and Lola may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and

• you or Lola may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

10.2 Informal Dispute Resolution

If a Dispute arises between you and Lola, we are committed to working with you to reach a prompt, low-cost and mutually beneficial resolution. You and Lola agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Lola agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”).

Such Notice to Lola should be sent to:

Legal Inquiries Email: legal@lola.com

Registered Legal Agent:
Legal Department, Lola Agent, LLC
1521 Concord Pike, Suite 21, Wilmington, DE 19803, USA 

Our Main Office:
Lola Agent, LLC
350 5th Avenue, fl 66, New York, NY 10118

The Notice must include:

• your name, telephone number, mailing address, and e-mail address associated with your account (if you have one);

• the name, telephone number, mailing address and e-mail address of your counsel, if any; and

• a description of the Dispute, including the specific relief sought.

Lola will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a Lola representative). The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held  each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

10.3 Waiver of Jury Trial

YOU AND LOLA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

You and Lola are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified within this Section 10. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

10.4 Waiver of Class and Other Non-Individualized Relief

EACH OF US MAY BRING DISPUTES AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under Subsection 10.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Lola agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of New York..

All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Lola from participating in a class-wide or mass settlement of claims.

10.5 Rules and Forum

The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within sixty (60) days after receipt of a Notice, you and Lola agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/. 

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (“Request”) that must include:

• the name, telephone number, mailing address, e-mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account;

• a statement of the legal claims being asserted and the factual bases of those claims;

• a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars;

• a statement certifying completion of the Informal Dispute Resolution process as described above; and

• evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

Any Request you send to Lola should be sent by email to legal@lola.com or regular mail to our offices at Legal Department, Lola Agent, LLC, 350 5th Avenue, Floor 66, New York, NY 10118. Lola will provide the Request to your email or regular address on file. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address.

Such counsel must also sign the Request, certifying to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b):

• the Request is not being presented for any improper purpose;

• the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and

• the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and Lola otherwise agree, or the Batch Arbitration process discussed in subsection 10.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).

You and Lola agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. You and Lola agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms.

If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

10.6 Arbitrator

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York, and will be selected by the parties from the NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty (30) days of delivery of the Request, then the NAM will send simultaneously to each party an identical list of 10 candidates from the NAM roster of consumer dispute arbitrators and the parties shall each have fourteen (14) days to strike no more than three names from the list, number the remaining names in order of preference, and return the list to the NAM. From among the candidates not stricken, the arbitrator with the highest preference from both parties’ lists will be invited to serve. If the Batch Arbitration process under subsection 10.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

10.7 Authority of Arbitrator

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of that subsection is unenforceable, illegal, void or voidable, or that such subsection has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

10.8 Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

To the extent that, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators’ fees the responding party incurred under the Fee Schedules.

10.9 Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and Lola agree that in the event that there are twenty-five (25) or more individual Requests of a substantially similar nature filed against Lola by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a ninety (90) day period, the arbitration shall be administered by the following:

• in batches of 100 Requests per batch (or, if between twenty-five (25) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are fewer than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests);

• appoint one arbitrator for each batch; and

• provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by the arbitrator, and one final award (“Batch Arbitration”).

NAM shall administer all batches concurrently, to the extent possible. All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”).

To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Lola. You and Lola agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include:

• the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and

• the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

10.10 Invalidity; Expiration

Except as provided in the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” if any part or parts of this Arbitration Agreement (other than Subsection 10.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.

However, if Subsection 10.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New York, NY. 

You further agree that any Dispute that you have with Lola as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

10.11 30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by email to legal@lola.com or regular mail to our offices at Legal Department, Lola Agent, LLC,350 5th Avenue, fl 66, New York, NY 10118, within thirty (30) days after first becoming subject to this Arbitration Agreement. This will be the earliest of (a) the date you first used our Service and (b) the date you created an account on Lola. Your notice must include your name and address, the email address you used to set up your Lola account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed, and has no effect on any arbitration agreements with us you may enter in the future.

10.12 Modification

You and we agree that Lola retains the right to modify this Arbitration Clause in the future. Any such changes will be posted at the Terms and Conditions section on www.lola.com, and you should check for updates regularly.

Notwithstanding any provision in these Terms to the contrary, we agree that if Lola makes any future material change to this Arbitration Agreement and you have a registered account with us, we may notify you by your email address. Your continued use of the Lola Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. Lola will continue to honor any valid opt-outs of the Arbitration Agreement that you made to a prior version of these Terms.

10.13 Governing Courts

To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in New York, NY (except for small claims court actions which may be brought in the county where you reside).

11. DMCA Notice

Lola respects the intellectual property rights of others and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), if you believe in good faith that material available on or through the Service infringes your copyright, you (or your agent) may send Lola a written notice that includes the following:

• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;

• identification of the copyrighted work claimed to have been infringed;

• identification of the material that is claimed to be infringing and information reasonably sufficient to permit Lola to locate the material (such as a URL);

• your contact information, including your address, telephone number, and email address;

• a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

12. Contact Information

Lola Agent, LLC
350 5th Avenue, fl 66, New York, NY 10118

13. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the use of the Service.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Your relationship to Lola is that of an independent contractor, and neither party is an agent or partner of the other.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Lola’s prior written consent. Lola may freely assign these Terms.

The terms and conditions set forth in these Terms shall be binding upon assignees.