USING iLoveUSAM

Terms and Conditions

 

We own and operate this website (iLoveUSAM.com), the related mobile sites and mobile application(s), and selected other domains (collectively, “iLoveUSAM”). These terms of use (the “Agreement”) constitute a contract between you and us. What does that mean? It means that by accessing and/or using iLoveUSAM, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use iLoveUSAM. As used in this Agreement, “iLoveUSAM”, “we”, “us” and “our” will mean SAM Solutions Inc. and its subsidiaries and affiliates.

 

You may only use iLoveUSAM if you are a current iLoveUSAM member and provider (“Service Provider”) successfully complied and approved by admin in relations to all required legal documents uploaded in the website or iLoveUSAM  mobile app.

 

iLoveUSAM may be accessed and/or installed on any web or mobile device, which may include a smartphone or

tablet computer (“Tablet”) (collectively, “Device”).  Any possible device provided to you as part of promotion is

 provided “as is” without any warranties of any kind either express or implied, including, without limitation,

warranties of merchantability and fitness for a particular purpose. iLoveUSAM may require you to return the Device

to iLoveUSAM including, without limitation, in the event the associated business agreement with iLoveUSAM

(“Business Agreement”) is terminated, or you do not agree to or violate this Agreement, the iLoveUSAM

Terms of Use (https://www. iLoveUSAM.com/legal_terms-of-use) or the iLoveUSAM Privacy Policy

(https://www.iLoveUSAM.com/legal_privacy-policy), or any other agreement between you and iLoveUSAM.

 

You agree that iLoveUSAM is not responsible for, and is hereby released from any and all liability with respect to:

(a) any defect, damage or loss relating to the use of this mobile App; (b) any obligation to repair or replace your

Device; and (c) any claims, actions, losses, judgments, liabilities, damages, costs and expenses (including

reasonable attorneys’ fees) arising from or relating to your use of this iLoveUSAM Mobile Application.

iLoveUSAM will not be responsible for your Device or any other hardware or software acquired by you

through any channel or means not directly controlled by iLoveUSAM. You will be responsible for any and all

costs associated with maintaining Internet connectivity required to access or use iLoveUSAM (including,

without limitation, mobile data cost, cost of routers and any monthly connectivity services fees), and for all

claims, damages and costs (including replacement) associated with a damaged, lost or defective device that

you are using like smartphone or tablet.

 

Use of iLoveUSAM requires that you be registered for an account (“Account”). In connection with such registration, you agree to (a) provide true, accurate, current and complete information about yourself as necessary to complete your registration, and (b) promptly update the personal information you provide to ensure that it is always true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iLoveUSAM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iLoveUSAM has the right to block your current or future use of iLoveUSAM (or any portion thereof).

 

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to: (a) use all reasonable precautions to protect the confidentiality and security of your Account and any information provided through iLoveUSAM, including, without limitation, (i) storing all Devices in a safe location at all times, (i) restricting access to your Account to authorized personnel, and (iii) ensuring that you exit from your Account at the end of each session; and (b) immediately notify iLoveUSAM of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You further agree not to provide your Account to any third-parties with the express written approval of iLoveUSAM. You agree that iLoveUSAM will not be liable for, and is hereby released from any and all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) of any kind arising from or relating to your failure to comply with (a) or (b) of this paragraph or for any acts or omissions by you or someone else using your Account and/or password.

 

OUR ALCOHOLIC BEVERAGES POLICY

Some jurisdictions permit the ordering and delivery of alcoholic beverages. If you are fulfilling an order including alcoholic beverages in such a jurisdiction, you acknowledge that you are responsible for ensuring that the recipient is at least 21 years of age, by requiring a valid government-issued identification card at the time of delivery. Any delivery personnel will be informed prior to delivery that he or she is delivering an order which contains an alcoholic beverage, and delivery personnel will be properly trained to request a government-issued identification card. You represent, warrant and covenant that you will comply with all state and federal laws regarding the delivery of alcohol, and you agree to indemnify iLoveUSAM and its representatives for any and all costs, expenses and losses, including without limitation reasonable attorneys’ fees, arising out of any breach or alleged breach of the foregoing representations, warranties and covenants. If a valid government-issued identification card does not evidence the proper age, you agree to ensure that the delivery personnel will not release the alcoholic beverages at the time of delivery.

 

OUR MATERIALS AND LICENSE TO YOU

With the exception of information or logos provided by you, iLoveUSAM and everything on it, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to iLoveUSAM. iLoveUSAM and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the Philippines and other countries. Except as otherwise indicated on iLoveUSAM and except for the trademarks, service marks, logos and trade names of other companies that are or may be displayed on iLoveUSAM, all trademarks, service marks, logos, trade dress and trade names are proprietary to iLoveUSAM. Please be advised that iLoveUSAM actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use iLoveUSAM and/or the Materials, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on iLoveUSAM or otherwise communicated to you. Any other use of iLoveUSAM and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on iLoveUSAM should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on iLoveUSAM without the express written permission of iLoveUSAM or the appropriate third party owner, as applicable.

 

If you download any Materials from iLoveUSAM, you will not redistribute, sell or otherwise use the Materials, except as expressly permitted and intended. If you download any software from iLoveUSAM or any associated website, you will not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

 

iLoveUSAM reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, iLoveUSAM and/or services offered on or through iLoveUSAM (or any part thereof), including but not limited to iLoveUSAM features, look and feel, and functional elements and related services.

 

USER INFORMATION

“User Information” is any information provided through iLoveUSAM about a iLoveUSAM user (“User”), including, without limitation, a User’s first and last name, address, e-mail address, telephone number and payment information (if any). You acknowledge that you will have access to User Information when a User places an order with a Business, and that such User Information may be private and/or sensitive in nature. You agree that: (a) you will be responsible for maintaining and will use all reasonable precautions to protect the confidentiality and security of User Information and that you will also operate in compliance with the iLoveUSAM Privacy Policy; (b) you will comply with all applicable laws, rules and regulations with respect to the privacy and security of User Information; and (c) iLoveUSAM is not responsible for, and is hereby released from any and all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) of any kind arising from or relating to your failure to comply with (a) and (b) of this paragraph or for any acts or omissions by you or someone else with access to User Information.

You further acknowledge that User Information is proprietary to iLoveUSAM, and agree to use User Information solely for authorized purposes directly related to processing and delivering (if applicable) a User's order, and may not be used to contact Users directly other than in relation to an order placed on iLoveUSAM and other promotional activities. Notwithstanding any provision of this Agreement to the contrary, you are expressly prohibited from distributing, selling, providing access to, or otherwise making available User Information to any third party other than authorized Business personnel in order to fulfill orders and other promotional activities. The foregoing restrictions apply regardless of whether User Information is modified or combined with any other information or any other lists or databases. Nothing in this paragraph will prohibit the Business from disclosing a User’s order information to the User placing such order.

 

DRIVER INFORMATION

“Driver Information” is any information provided through iLoveUSAM about a iLoveUSAM delivery partner (“Driver”), including, without limitation, a Driver’s first name and last initial, telephone number and geo-location. You acknowledge that you will have access to Driver Information when you request a Driver to deliver an order, and that such Driver Information may be private and/or sensitive in nature. You agree that: (a) you will be responsible for maintaining and will use all reasonable precautions to protect the confidentiality and security of Driver Information and that you will also operate in compliance with the iLoveUSAM Privacy Policy and the iLoveUSAM Driver Privacy Policy; (b) you will comply with all applicable laws, rules and regulations with respect to the privacy and security of Driver Information; and (c) iLoveUSAM is not responsible for, and is hereby released from any and all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) of any kind arising from or relating to your failure to comply with (a) and (b) of this paragraph or for any acts or omissions by you or someone else with access to Driver Information.

 

You further acknowledge that Driver Information is proprietary to iLoveUSAM, and agree to use Driver Information solely for authorized purposes directly related to coordinating delivery of orders, and may not be used to contact Drivers directly other than in relation to the delivery of order placed on iLoveUSAM. Notwithstanding any provision of this Agreement to the contrary, you are expressly prohibited from distributing, selling, providing access to, or otherwise making available Driver Information to any third party other than authorized Business personnel in order to deliver orders. The foregoing restrictions apply regardless of whether Driver Information is modified or combined with any other information or any other lists or databases.

 

YOUR CONTENT AND CONDUCT

 

I. User Conduct

By accessing or using iLoveUSAM, you agree:

• to comply with all applicable laws regarding online conduct and acceptable material;

• not to use iLoveUSAM or any related services or submit content to iLoveUSAM if you are under the age of 13;

• not to access iLoveUSAM or any related services using a third party's account/registration without the express consent of the account holder;

• not to attempt, through any means, to gain unauthorized access to any part of iLoveUSAM and/or any service, other account, computer system and/or network connected to any iLoveUSAM server;

• not to deep-link to iLoveUSAM and/or access iLoveUSAM manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of iLoveUSAM and/or any Materials and/or other content on iLoveUSAM, unless iLoveUSAM has given you specific permission to do so in writing;

• not to use iLoveUSAM in any manner that could damage, disable, overburden and/or impair any iLoveUSAM server, or the network(s) connected to any iLoveUSAM server, and/or interfere with any other party’s use and enjoyment of iLoveUSAM;

• not to use iLoveUSAM for illegal purposes, or as prohibited by these Terms;

• not to use iLoveUSAM to engage in commercial activities apart from sanctioned use of iLoveUSAM services;

• not to copy any content, including, but not limited to business menu content and third party reviews, for republication in print or online;

• not to license, sell and/or otherwise provide access to and/or use of iLoveUSAM to any third party, including, without limitation, to build a competitive product and/or service;

• not to create business reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of iLoveUSAM;

• not to modify User charges without User’s prior authorization;

• not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or

• not to disrupt, interfere with, or otherwise harm or violate the security of iLoveUSAM, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through iLoveUSAM or affiliated or linked sites (including those of our business partners).

You agree that the consequences of any unpermitted commercial use or re-publication of content or information from iLoveUSAM which is not expressly permitted may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that iLoveUSAM will be entitled to temporary and permanent injunctive relief to prohibit such use.

 

II. Use of Your Content

You grant iLoveUSAM an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use the content which you upload on iLoveUSAM (“User Content”) and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. User Content includes without limitation any menu information uploaded on iLoveUSAM. You further grant iLoveUSAM a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been a member of iLoveUSAM, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you.

 

III. Conduct within Interactive Areas

By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on iLoveUSAM or otherwise agreed to between you and iLoveUSAM.

 

We do our best to encourage civility and discourage disruptive communication on iLoveUSAM. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all User Content. You agree not to provide any User Content that:

 

• is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically and/or otherwise objectionable;

• has a purpose not contemplated by this Agreement or the Business Agreement;

• is false, misleading and/or not written in good faith;

• infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;

• is illegal and/or promotes illegal activity;

• violates any requirement set forth in your business agreement with iLoveUSAM or any other agreement between you and iLoveUSAM (including, without limitation, the requirement that item pricing as reflected in any User Content is at least as favorable to Users as that which is available for the Business’s standard menu or offered to any third party service);

• contains unauthorized advertising and/or solicits users to a business other than those on iLoveUSAM; and/or

• is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on iLoveUSAM or other websites.

 

iLoveUSAM may monitor any and all use of iLoveUSAM. We reserve the right to change, delete and/or remove, in part or in full, any User Content that we believe, and/or to terminate and/or suspend access to any Interactive Areas, any Materials and/or iLoveUSAM for conduct that we believe, violates our standards, violates any other terms and/or conditions of this Agreement, interferes with other peoples' enjoyment of the Materials and/or iLoveUSAM, and/or that we believe is inappropriate, in our sole discretion, and/or for any other reason, again in our sole discretion. iLoveUSAM will cooperate with local, state and/or federal authorities to the extent permitted by applicable law in connection with User Content.

 

RELEASE

iLoveUSAM and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of iLoveUSAM and/or Materials (including without limitation all User Content), and/or all Uses by iLoveUSAM and/or any third party authorized by iLoveUSAM.

  

DISCLAIMER

iLoveUSAM, THE MATERIALS AND ALL OTHER CONTENT ON iLoveUSAM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM WITH RESPECT TO iLoveUSAM, THE MATERIALS AND ALL OTHER CONTENT ON iLoveUSAM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. iLoveUSAM DOES NOT REPRESENT OR WARRANT THAT iLoveUSAM, THE MATERIALS AND/OR THE OTHER CONTENT ON iLoveUSAM WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT iLoveUSAM, THE MATERIALS AND/OR OTHER CONTENT ON iLoveUSAM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. iLoveUSAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF iLoveUSAM, THE MATERIALS AND/OR ANY OTHER CONTENT ON iLoveUSAM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF AN ORDER PLACED ON iLoveUSAM. YOU (AND NOT iLoveUSAM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF iLoveUSAM, THE MATERIALS AND/OR OTHER CONTENT ON iLoveUSAM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

 

LIMITATION OF LIABILITY

IN NO EVENT WILL iLoveUSAM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF iLoveUSAM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH iLoveUSAM. iLoveUSAM ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM iLoveUSAM. iLoveUSAM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH iLoveUSAM, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED FROM iLoveUSAM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL iLoveUSAM 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO iLoveUSAM, OR (B) 50.00 (WHICHEVER IS LESS).

YOU AND iLoveUSAM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND iLoveUSAM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH iLoveUSAM OR DO NOT AGREE TO ANY PROVISIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING iLoveUSAM, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.

  

THIRD PARTY LINKS

iLoveUSAM may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). iLoveUSAM does not review, monitor, operate and/or control the Third Party Websites and iLoveUSAM makes no guarantees, representations and/or warranties as to, and will have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, iLoveUSAM is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of Third Party Websites, including providing information, materials and/or other content to such Third Party Websites, is entirely at your own risk. iLoveUSAM reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

 

PRIVACY POLICY

The terms and conditions of the iLoveUSAM Privacy Policy located at https://www. iLoveUSAM.com/legal_privacy-policy are incorporated into this Agreement by reference.

 

COPYRIGHT POLICY

iLoveUSAM respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on iLoveUSAM or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide iLoveUSAM’s Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

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

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed at a single online site, then a representative list of such copyrighted works;

3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;

4. Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;

5. A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification to our support team at [email protected]

 

BUSINESSES ONLY

Businesses acknowledge and agree that we strive to provide timely communication to Users regarding the delivery of their orders. All businesses have an obligation to accept or cancel any orders placed through the iLoveUSAM platform. Repeated failure to respond to orders will result in penalties, up to and including permanent closure, in our sole discretion.

 

UNCONSUMABLE MAINTAINING WALLET

iLoveUSAM reserves the right to set an amount of wallet balance that is not consumable (Ex. 100.00). This is to help iLoveUSAM maintain its healthy database of real human and not players such as robots and spammers. This wallet amount is a membership activation fee to use iLoveUSAM services and allows users to participate in all promotions such as shuffle program and multi-level rewards.

 

VOLUNTARY SUPPORT

iLoveUSAM reserves the right to set an amount of 50.00 that allows iLoveUSAM members to give unconditionally as a form of voluntary help or support in the maintenance of the operation and system upgrade.  In return, iLoveUSAM Members will get 1 Shuffle Entry in which system will randomly select shuffle entries to a particular Bonus Pool. This internal member to member marketing support program will be activated in every 1 million entries. This is to help iLoveUSAM maintain its healthy database of active real human and not players such as robots and spammers. There is no limit on the amount of voluntary support a member can give unconditionally.

 

 

VIOLATIONS OF THE AGREEMENT

iLoveUSAM reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation, the right to block access from a particular Internet and/or IP address to iLoveUSAM.

 

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement it will be effective as soon as we post it, and the most current version of this Agreement will always be posted. If we make a material change to the Agreement, we will notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use iLoveUSAM after we make changes to this Agreement, you agree to be bound by the revised Agreement. You agree that if you do not agree to the new terms of the Agreement, you will stop accessing and/or using iLoveUSAM and any smartphone (if one has been provided to you).

 

GOVERNING LAW

You acknowledge and agree that your access to and/or use of iLoveUSAM, the Materials and other content on iLoveUSAM is subject to all applicable international, federal, state and local laws and regulations. You further acknowledge and agree that all claims or disputes arising out of this agreement will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Alternative Dispute Resolution (“ADR ACT”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the Alternative Dispute Resolution Act of 2004 (“ADR ACT”) in Philippines, which are available at https://www.gppb.gov.ph › laws › laws. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in the county where the Business is located unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision/award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable ADR ACT Rules, the interpretation, applicability or enforceability of the Class Action Waiver may only be determined by a court and not an arbitrator. The following claims are excluded from this Arbitration Agreement: (1) claims in small claims court; (2) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (3) claims for temporary relief in connection with an arbitrable controversy; and (4) claims that are non-arbitrable per the applicable federal statute.

 

With the exception of the Arbitration Agreement, which is governed by the ADR ACT, this Agreement is be governed by Philippine law. This Agreement, together with the Business Agreement, constitutes the entire agreement between you and iLoveUSAM and supersedes any prior understanding (written or oral) on the subject matter hereof. iLoveUSAM is an independent contractor of Business. This Agreement can only be modified in writing signed by both you and iLoveUSAM. In the event that any portion of this Agreement is held to be unenforceable, the remainder of the provisions will remain in full force and effect. In the event of a breach, in addition to any remedies at law or in equity, the non-breaching party will be entitled to obtain specific performance and immediate injunctive relief. Failure by either party to require performance or claim breach will not be construed as a waiver. You may not assign this Agreement without the prior written consent of iLoveUSAM. This Agreement is binding on you and your permitted heirs, successors and assigns. This provision as well as the ownership, warranties, indemnity, arbitration and confidentiality provisions will survive any expiration or termination of this Agreement.