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LUVA TERMS OF USE

Last Updated October 27, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17 (DISPUTE RESOLUTION) AND THE CLASS ACTION WAIVER AND JURY TRIAL WAIVER IN SECTION 18, WHICH REQUIRE THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT OR AS PART OF A CLASS, CONSOLIDATED, OR COORDINATED ACTION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17.

By accessing Luva.com, using any of our services and/or accessing and using any other websites (including mobile websites), mobile applications or domains on which these Terms and Conditions reside (collectively also referred to herein as the “Site”), or any of the Site’s Content (as defined below), you acknowledge that you agree to and are subject to the following Terms and Conditions, including without limitation, binding arbitration (described in Section 17 below), the Luva Privacy Policy, E-Sign Consent, and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the “Terms”). NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND THAT LIMIT OUR LIABILITY TO YOU.

If you do not agree to these Terms, you may not access or otherwise use the Site or the Content. The Terms constitute a legally binding agreement between you and us, Batnac, LLC d/b/a Luva, the operator of the Site (hereafter referred to as “we”, “us” or “our”). References in these Terms to “Site operator,” “we”, “us” and “our” include our affiliates, agents, successors and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States, age 18 or older. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content, does not violate any applicable law.

1. Our Services

The Site acts as a portal to facilitate insurance agents, insurance companies, lead aggregators, brokers, and other similar parties (each a “Provider”) to offer for sale and to sell, insurance and other products to potential consumers who have applied through the Site to receive insurance or other authorized quotations from a Provider (each, a “Prospect”), and, separately, Luva may act as a licensed insurance producer in connection with certain transactions facilitated through the Site in which capacity Luva may receive commissions and fees from the issuing insurance carrier, and all Prospects and potential Prospects that use the Site are collectively called the Site’s “Users” (and hereafter may be referred to as “you” or “your”). By submitting your information through the Site, you expressly authorize and consent to Luva collecting certain information about you (a “Lead”) and sharing, licensing, or selling that Lead to one or more Providers and their respective service providers for the purpose of obtaining insurance quotes, marketing insurance products, and contacting you regarding your request. Such collection, use, licensing, sale, and disclosure of your Lead will be handled as described in these Terms and our Privacy Policy. You acknowledge and agree that your Lead is not exclusive and may be distributed to multiple Providers, including multiple insurance carriers, agencies, brokers, lead aggregators, and other authorized third parties. More than one Provider may contact you as a result of your submission, and Luva does not guarantee how many Providers may receive your Lead or contact you. Luva has no control over, and assumes no responsibility for, (a) the number of Providers that contact you, (b) when or how frequently Providers contact you, (c) the insurance products or other products Providers offer to you, or (d) whether any Provider ultimately agrees to provide you with the requested insurance coverage or any other product. We are not responsible for the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products. We act as an independent contractor and marketing portal and do not underwrite, issue, or bind insurance coverage. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers or insurance policies or other related products offered by such Providers. Luva may present product comparisons for your convenience, but such recommendation does not constitute personalized financial, tax, or legal advice.

We do not provide personalized insurance, tax, financial, legal or any other advice. If you would like personal advice or insurance specific policy recommendations, please consult with a qualified professional. All insurance products available through the Site are underwritten and issued by third-party insurance carriers.

2. Personal Use

We do not charge Users to access the Site. Subject to these Terms and Conditions, we grant each User a limited, revocable, non-exclusive license to access the Site and the text, images, maps, files, photos, information and other materials on the Site (the “Content”) in order to view, access or make inquiries to us regarding our services, in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of display, copying, aggregation, collection, or derivative use of the Site nor any right of use of spiders, data mining, robots or similar data extraction and gathering tools without our prior express written permission. Any rights not expressly granted herein are reserved by us.

3. Downloading of Information from the Site and Proprietary Rights

All Content and the Site itself is protected by copyright and database rights as a compilation and/or collective work, pursuant to U.S. copyright laws, other copyright laws, trademark laws, and international conventions. The Content is only for each User’s personal use in accordance with Section 2 (Personal Use). All Users agree to abide by these Terms and any and all additional information, restrictions or copyright notices contained in or relating to any Content on the Site. Copying or storing any Content other than for noncommercial, personal use is expressly prohibited without prior written permission from us or the applicable copyright holder. You acknowledge and agree that Luva and its respective affiliates, own the data gathered by the Site. By displaying, publishing, or otherwise posting Content on or through the Site, you hereby grant to Luva a non-exclusive, sub-licenseable, irrevocable, worldwide, fully-paid, royalty free license to use, modify, publicly display, reproduce, publish, and distribute such User Content in any and all media now known or hereafter developed without the requirement to make payment to you or any third party or to seek your or any third party’s permission.

4. Unauthorized Use

Unless otherwise provided herein, or unless otherwise allowed under applicable law, you may not do any of the following without our prior written consent:

  • Upload, post, display, copy, republish, reproduce, transmit, or distribute any Content in any form whatsoever;

  • Reproduce any portion of the Site on your website or, using any device, including but not limited to use of a border or frame environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or replicate or mirror any portion of the Site;

  • Reverse engineer, disassemble, copy, or duplicate any part of the Site;

  • Modify, translate into any written or computer language, or create derivative works or translations from any Content or part of the Site;

  • Offer for sale, sell, license, or transfer, in any form, any portion of the Site to any third parties;

  • Use any spider, robot or other automated device or automated or manual process to copy, monitor, or keep a database copy of the Content or any portion of the Site;

  • Use the Site other than to make legitimate inquiries to us regarding our services or to learn about our services;

  • Use the Site to create any fraudulent or false inquiry or account;

  • Transmit or post any abusive, threatening, unlawful, defamatory, libelous, false, misleading indications of origin or statements of fact, vulgar, obscene, indecent, sexually explicit, pornographic, profane or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;

  • Access or use the Site in any way that, in our sole discretion, adversely affects the function or performance of the Site or any other networks or computer systems used by us or the Site, or infringes on our or any third party’s trademark, copyright, patent rights, rights of privacy or publicity or any other proprietary rights;

  • Transmit or upload to the Site, or use in connection with the Site, any software, device or routine that contains viruses, worms, time bombs, Trojan horses or other computer programming routines that may interfere with or attempt to interfere with, damage or in any way intercept the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computing platform;

  • Circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates these Terms or any applicable laws; or

  • Attempt to gain unauthorized access to the Site or any computer system used to provide the Site, circumvent any access restriction or security measures with respect to the Site, or disclose your access information or otherwise give access to the Site to any third party.

Unauthorized access to and/or use of the Site, or the telecommunications or computer facilities used to deliver the Site, is a breach of these Terms and is a violation of law. Further, unauthorized access to and/or use of the Site may result in your license to use the Site being terminated immediately, and you may be denied future participation in any telematics offering distributed by Luva. Your internet service provider and/or mobile carrier may also remove you from their services in response to violations of these Terms applicable to the Site. If you are or become aware of or experience any Content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending notification to [email protected].

5. Site Changes

We may change, discontinue or suspend any aspect of the Site at any time, including the availability of any Site features, Content or database. We may also impose limits on certain services or features or restrict your access to all or part of the Site without notice to you or liability to us.

6. Our Privacy Policy

When you use the Site, including any chatbot, virtual assistant, or other AI-powered tool available on the Site, you consent to the collection and use of your personally identifiable information and interaction data in accordance with the Luva Privacy Policy, which is incorporated into these Terms. Our Privacy Policy explains our information collection practices and safeguards, how we use and share your information, and how to opt-out of receiving communications from us.

7. Identity Verification

We encourage all Users to use appropriate caution when interacting with anyone whom you may be doing business with specifically via the Site or generally via the Internet.

8. SMS, Calls, and Mobile Devices

By providing your telephone number to us, including through any form, chatbot, virtual assistant, or other automated tool on the Site, you authorize Luva, Providers, and their respective service providers, vendors, agents, and partners to contact you at that telephone number, including by calls, text messages, SMS messages, MMS messages, prerecorded or artificial voice messages, and other electronic communications, using an automatic telephone dialing system or other automated technology, for purposes related to your inquiry, account, insurance quotes, products or services you requested, marketing, reminders, updates, and other purposes described in these Terms and our Privacy Policy. Message frequency may vary. Your consent to receive marketing calls or text messages is not a condition of purchasing any goods or services.

You represent and warrant that (1) you are the subscriber, customary user, or authorized user of any telephone number you provide to us, (2) you are authorized to provide consent to be contacted at that number, and (3) the telephone number and other contact information you provide to us are accurate and current. If you change or deactivate any telephone number you provided to us, you agree to notify us before the change or deactivation by contacting us at [email protected].

You may opt out of receiving marketing text messages from Luva at any time by replying STOP or similar words to any Luva text message or by following any other opt-out instructions we provide. After you opt out, we may send you a confirmation message and may continue to send non-marketing messages to the extent permitted by law. For help, reply HELP to any Luva text message or contact us at [email protected].

Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages. Wireless service may not be available in all areas at all times, and we are not responsible for any charges, delays, failures, errors, or interruptions in mobile services or electronic communications caused by your carrier or any third party.

9. Artificial Intelligence and Automated Tools

The Site may make available chatbots, virtual assistants, and other tools powered by artificial intelligence or machine learning ("AI Tools"). AI Tools are provided for informational purposes only to help you navigate the Site, answer general questions, and facilitate the insurance quoting process. AI Tools do not provide insurance advice, bind insurance coverage, or generate binding quotes, and any information provided by AI Tools may be incomplete, inaccurate, or outdated. You should independently verify any information received through an AI Tool before making any insurance or financial decision. If you are interacting with an AI Tool on the Site, Luva will identify the interaction as automated; however, you acknowledge that you may not always be able to distinguish between communications from a human representative and communications generated by an AI Tool.

Your interactions with AI Tools, including all inputs, conversation content, and behavioral data generated during those interactions, are collected and used in accordance with these Terms and our Privacy Policy. By using any AI Tool on the Site, you consent to such collection and use, including the sharing of information gathered through AI Tool interactions with Providers and their respective service providers for the purposes described in Section 1 (Our Services) and our Privacy Policy.

You agree not to use any AI Tool on the Site to submit false, misleading, or fraudulent information, attempt to manipulate or reverse-engineer the AI Tool's underlying technology, or use the AI Tool for any purpose other than obtaining information about insurance products and services available through the Site.

To the fullest extent permitted by applicable law, Luva disclaims all warranties, express or implied, with respect to AI Tools, including any warranty that AI Tool responses will be accurate, complete, current, or fit for any particular purpose. You assume all risk associated with your reliance on any information provided by an AI Tool. Luva's liability limitations set forth in Section 10 (Limitation of Liability) and the disclaimers in Section 11 (Disclaimer) apply fully to your use of AI Tools.

10. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, OR THOSE OF ANY PROVIDER, BE LIABLE FOR ANY LOST PROFITS, COVER, LOSS OF REVENUE OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, OR ANY TRANSACTION BETWEEN US OR BETWEEN YOU AND PROVIDERS THAT IS ENABLED BY OR ARISES IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, (vi) STATUTE, OR (vii) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ALL EVENTS, OUR LIABILITY, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (a) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED, AND (b) $200.00. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FIRST ARISES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF LUVA'S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

11. DISCLAIMER

THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS, INFORMATION, AND ANY RESPONSES, RECOMMENDATIONS, OR OUTPUT GENERATED BY ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, CHATBOT, VIRTUAL ASSISTANT, OR OTHER AUTOMATED TOOLS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND LUVA DOES NOT OFFER MAINTENANCE OR SUPPORT SERVICES FOR ANY PORTION OF THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS AND MATERIALS AVAILABLE THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE COMPLETE OR ACCURATE, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION GENERATED BY AI TOOLS WILL BE ACCURATE, COMPLETE, CURRENT, OR FREE FROM ERROR, AND YOU ACKNOWLEDGE THAT RELIANCE ON SUCH CONTENT IS AT YOUR OWN RISK. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO INFORMATION OBTAINED BY USER THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Release

In the event that you have a dispute with any Provider, Prospect, or other third party, including without limitation any other user of the Site, arising from or in connection with the use of the Site, you hereby agree to release, remise and forever discharge us and our agents, directors, officers, employees, shareholders and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site. If you are a California resident, you hereby waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.

13. Indemnity

You hereby agree to indemnify, defend and hold us and our agents, directors, officers, employees, shareholders and all other related persons or entities (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with any claim arising out of or in connection with your use of the Site or the Content thereon (including, without limitation, as a result of any transaction or interaction between you and a Provider or any of Provider’s affiliates, partners or agents that is enabled by or arises in connection with your use of the Site), any information or data you access or provide through the Site, and any act (or failure to act) by you or other users of your account or any breach by you of these Terms, including, without limitation, the representations, warranties and covenants made by you herein.

14. Proprietary Rights Notification

We do not permit copyright or trademark infringing activities and other infringement of intellectual property rights on the Site, and we will remove or modify (or ask you to remove or modify) Content if we are properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright or trademark owner or an agent thereof and believe that any Content in any public area of the Site infringes upon or otherwise conflicts with your proprietary rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the proprietary work claimed to have been infringed, or, if multiple proprietary works are covered by a single notification, a representative list of such works;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an electronic mail 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 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 owner of an exclusive right that is allegedly infringed.

Please contact our designated Copyright Agent at [email protected] to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

15. Trademarks

Our logo and our other product and service names are our trademarks (the “Marks”). You agree not to display, reproduce or otherwise use in any manner such Marks without our prior written permission.

16. Choice of Law and Forum

These Terms are governed by the laws of the State of Delaware, United States of America, excluding its choice of law rules. Subject to Section 17 (Dispute Resolution), you irrevocably agree that such jurisdiction and venue will be the sole and exclusive jurisdiction and venue in Delaware of any legal dispute. You covenant not to sue us in any other forum for any cause of action. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. Subject to Section 17 (Dispute Resolution), if for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This section explains how you and we will resolve disputes. Except where prohibited by applicable law, it requires you and us to resolve most disputes through binding individual arbitration instead of in court before a judge or jury. It also includes a waiver of class-action rights and a waiver of the right to a jury trial. These dispute-resolution terms apply to all claims between you and us, including claims that arose before or after you accepted any prior version of these Terms.

These Terms evince a transaction involving interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), including Section 2, governs the interpretation, enforcement, and all proceedings under this Dispute Resolution Section. The FAA and applicable arbitration-provider rules shall preempt any state law that conflicts with the FAA to the fullest extent permitted by law.

Scope of Arbitration. You and we agree to resolve all claims through binding individual arbitration, except for (1) intellectual-property (“IP”) Claims and (2) claims that may be brought in small-claims court. IP Claims are claims relating to patents, copyrights, trademarks, trade secrets, or moral rights, and requests for injunctive or equitable relief for alleged unlawful use or infringement of such rights. (IP Claims do not include privacy or publicity claims.) Claims that are not IP Claims but are filed together with IP Claims will be resolved by arbitration. Either party may bring an individual claim in small-claims court, so long as it remains in small-claims court, is not removed or appealed to a court of general jurisdiction, and proceeds only on an individual (non-class, non-representative) basis. Whether a claim falls within a small-claims court’s jurisdictional limits is for that court to decide in the first instance.

Pre-Arbitration Process. Before you or we may file an arbitration demand or bring a claim in small-claims court, the claiming party must first send the other party a written Pre-Arbitration Notice (“Notice”). Good-faith, informal efforts to resolve claims often produce a faster, lower-cost, and mutually beneficial result. A Notice is “complete” only when it includes all of the following: (1) the claiming party’s full name, mailing address, email address associated with their account on the Site, country of residence, and (if you are a U.S. resident) state of residence; (2) the name and contact information of the claiming party’s attorney, if the claiming party is represented by counsel; (3) a clear description of the nature and basis of the claim, including the relevant facts giving rise to it; (4) a description of the specific relief sought, including any damages and a detailed calculation of those damages; and (5) a statement personally signed by the claiming party (not solely by their attorney) verifying under penalty of perjury that the contents of the Notice are true and accurate.

The Notice must concern only one party’s claim.

Your Notice to Luva must be sent via email to [email protected]. Luva’s Notice to you will be sent to the email address currently associated with your account.

After the receiving party gets a complete Notice, both parties will work in good faith to resolve the dispute for sixty (60) days from the date the complete Notice is received (“Resolution Period”). The Resolution Period may be extended by written agreement of the parties. During the Resolution Period, either party may request an individualized settlement conference by phone or video. Both parties must personally attend the conference (with counsel for both parties, if represented, invited to attend). A party who cannot attend by video may attend by phone upon a showing of good cause (for example, inability to afford video-capable equipment or insufficient internet access). The parties will cooperate to schedule the conference at the earliest mutually convenient time, which may fall after the sixty (60)-day period if the parties agree.

If the dispute is not resolved by the end of the Resolution Period (or any agreed extension), either party may commence arbitration, file in small-claims court, or pursue any other course permitted by these Terms.

Completing the Notice and Resolution Period steps described above is required before commencing any arbitration or small-claims court proceeding. This means that any demand for arbitration (or small-claims petition) must be accompanied by (1) a written certification that the filing party has completed the Notice and Resolution Period steps and (2) the personal signature of the filing party (and their counsel, if represented) on both the demand and the certification.

If there is a question about whether the Notice was sufficient or whether the Resolution Period steps were completed, either party may raise that issue with a court of competent jurisdiction, and any pending arbitration will be stayed. The court has the authority to enforce this required first step, including the power to enjoin the filing, prosecution, or administration of any arbitration filed without completing this process; enjoin the assessment, collection, or invoicing of arbitration fees for any such filing; and award damages for non-compliance.

Unless prohibited by law, the arbitration administrator may not accept, administer, assess, or invoice fees for an arbitration commenced without proof of completion of this process. If an arbitration has already been filed without compliance, it must be administratively closed.

All applicable limitations periods (including any statutes of limitation) and any filing-fee deadlines are tolled from the date a complete Notice is received by the other party until the earlier of (a) the conclusion of the Resolution Period steps (including any agreed extension) or (b) the date the dispute is resolved, withdrawn, or the filing party commences an arbitration or small-claims proceeding after the Resolution Period ends. During any agreed extension of the Resolution Period, tolling continues.

Either party may ask a court for a temporary restraining order or preliminary injunction while the Resolution Period is ongoing, but that party may do so only if waiting would cause them irreparable harm. A court’s authority under this paragraph is strictly limited to granting temporary relief to support the arbitration, small-claims, or other judicial process. The court may not decide the merits (the underlying substance) of the dispute.

Arbitration. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures (and, if applicable, its Supplemental Rules for Mass Arbitration Filings), as modified by these Terms. NAM rules and forms are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with these Terms, the arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org. If neither NAM nor AAA is available, you and we will either agree on a new arbitration administrator or, if we cannot agree, petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the proceeding consistent with these Terms.

The party starting the arbitration must include all of the following with their demand for arbitration: (1) written certification that the filing party has completed the Pre-Arbitration Process described above, (2) a copy of the Notice previously sent to the other party, (3) a statement that the filing party is bound by these Terms and this Dispute Resolution Section, and (4) personal signatures of the filing party and their counsel (if represented) on both the arbitration demand and the certification. If an arbitration demand does not include all of the above, the arbitration administrator must not accept, administer, or assess fees in connection with that demand, and any such filing will be dismissed without prejudice to refiling after the deficiency is cured.

A court of competent jurisdiction has exclusive authority to decide (1) whether this Dispute Resolution Section is valid, enforceable, or applicable to a particular dispute (gateway issues), (2) whether a dispute can or must be brought in arbitration (arbitrability), (3) whether the Pre-Arbitration Process was satisfied, (4) whether to enjoin the filing, prosecution, or administration of an arbitration or the assessment of arbitration fees, (5) whether claims are “similar” for purposes of triggering the Mass Arbitration procedures below, and (6) any issues specifically reserved for a court elsewhere in these Terms. The arbitrator decides all other issues, including the merits of any properly filed claim, after the Pre-Arbitration Process has been completed. The arbitrator does not have authority to revisit the court’s gateway determinations.

Unless you and we agree otherwise, or the applicable arbitration rules dictate otherwise, any arbitration hearing involving a claim seeking no more than $15,000 will be held via videoconference with both parties having the option to attend the hearing live. All other hearings will take place in the county or parish of your residence. You and our representative must attend any videoconference or in-person arbitration.

At the conclusion of the arbitration, the arbitrator must issue a reasoned written decision that explains the essential findings and conclusions supporting or rejecting any award. The arbitrator’s decision is binding only on the parties to that arbitration and has no precedential effect in any other proceeding involving a different party. An award that has been fully satisfied may not be entered in any court.

By signing and filing an arbitration demand or any submission in the arbitration, each party and their counsel (if represented) certify that, to the best of their knowledge, information, and belief formed after an inquiry reasonable under the circumstances, (1) the filing is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator is authorized to impose any sanctions available under the arbitration rules, applicable federal or state law, or standards analogous to those set forth in Federal Rule of Civil Procedure 11. Sanctions may include an award of the opposing party’s reasonable attorney fees, costs, and expenses and reallocation of arbitration fees. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney fees and costs, consistent with applicable law.

Arbitration Fees. The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable arbitration rules and applicable law. You and we agree that arbitration should be cost effective for all parties and that any party may engage with the arbitration administrator to address the reduction or deferral of fees.

Confidentiality. Except as required by law, all non-public, proprietary, or confidential information exchanged in connection with an arbitration—including the existence of the arbitration, submissions, evidence, and any award—must be kept confidential and may be used only for purposes of the arbitration or any proceeding to confirm, enforce, or challenge the award. If disclosure is required by law, the disclosing party will, to the extent allowed, seek confidential treatment (such as filing under seal) and limit disclosure to the minimum necessary. The foregoing confidentiality obligations are subject to the limited exception set forth in the Mass Arbitration section below.

Offer of Settlement. In any arbitration, the defending party may make a written settlement offer at any time before the arbitrator issues a decision. If the party bringing the claim rejects the settlement offer within 7 days after receiving it and does not obtain a more favorable result in the arbitration, the party bringing the claim must pay the defending party’s costs incurred after the offer was received, including arbitration fees, to the extent permitted by applicable law. The fact and terms of the settlement offer may not be disclosed to the arbitrator until after the arbitrator issues a decision.

Individual Claims. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LUVA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Luva agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding.

Notwithstanding the foregoing, and only to the extent required by applicable law, if a claim is asserted that includes a request for public injunctive relief (meaning injunctive relief that is primarily for the benefit of the general public and not solely for the benefit of the individual party), the parties agree that all issues other than the request for public injunctive relief shall be resolved in arbitration first (unless the claim is not subject to arbitration or is properly brought in small-claims court). Following the issuance of any final award on the arbitrable claims, any request for public injunctive relief shall be decided by a court of competent jurisdiction, to the extent required by applicable law. The court shall be bound by the findings of fact and conclusions of law made by the arbitrator to the fullest extent permitted by law.

Similarly, if, after all appeals have been exhausted (or the decision is otherwise final), a court determines that any of the prohibitions on non-individualized relief or class, collective, consolidated, or representative proceedings are unenforceable with respect to a particular claim or request for relief, then (1) that particular claim or request for relief will be severed and may proceed in a court of competent jurisdiction; (2) all other claims that remain subject to arbitration on an individual basis must be arbitrated first, and the court proceedings on the non-arbitrable claim(s) will be stayed pending the completion of that arbitration; (3) any portion of the class/representative waiver that is enforceable will continue to be enforced in arbitration; and (4) the court will be bound by the arbitrator’s findings of fact and conclusions of law to the fullest extent permitted by law.

You agree that any arbitrations between you and us will be subject to this Dispute Resolution Section and not to any prior arbitration agreement you had with us, and, notwithstanding any provision in these Terms to the contrary, you agree that this Dispute Resolution Section amends any prior arbitration agreement you had with us, including with respect to claims that arose before this or any prior arbitration agreement.

Mass Arbitration. If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (“Mass Arbitration”), then you and we agree that the additional procedures set forth below shall apply. Claims are “similar” if they arise from the same or substantially similar facts, transactions, or legal theories, even if the claimants allege different individual damages. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration proceeding. The parties acknowledge and agree that by electing to participate in a Mass Arbitration proceeding, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the Notice and Pre-Arbitration Process are initiated, so long as the Notice complies with the requirements in this Dispute Resolution Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

Stage One. Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.

Stage Two. After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by us. The parties must agree on a mediator within thirty (30) days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within thirty (30) days, the arbitration administrator will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. Notwithstanding the confidentiality obligations set forth above, the outcomes and awards from Stage One arbitrations may be shared with all parties participating in the Mass Arbitration and their counsel for purposes of the Stage Two mediation and any subsequent stage of the Mass Arbitration process described in this section.

Stage Three. If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Dispute Resolution Section will no longer apply to any party with a claim for which a timely and complete Notice was submitted and who completed the Pre-Arbitration Process. Any such party with an unresolved claim may pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Arbitration proceedings who submitted a timely and complete Notice and completed the Pre-Arbitration Process.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to a claim, and a court of competent jurisdiction determines that they are not enforceable as to that claim, then that claim shall proceed in a court of competent jurisdiction otherwise consistent with these Terms. You and we agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between you and us. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. You and we further agree that application of these Mass Arbitration proceedings has been reasonably designed to result in an efficient and fair adjudication of such cases.

Opt Out. You may opt out of the arbitration requirements of this Dispute Resolution Section by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first agreeing to these Terms. Such notice must include (1) your name, (2) your contact information (including email address, mailing address, and telephone number), and (3) a statement that you wish to opt out of requirements to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice of opting out of arbitration, then you agree to be bound by this Dispute Resolution Section’s arbitration requirements. If you opt out, the opt-out applies only to this Dispute Resolution Section’s arbitration requirements and does not affect any other provision of these Terms (including the class-action waiver and jury-trial waiver, which remain in effect to the fullest extent permitted by law). If you opt out and a dispute is already pending at the time of your opt-out, your opt-out will apply to that pending dispute to the extent permitted by applicable law.

Severability. If any portion of this Dispute Resolution Section is found to be unenforceable or unlawful for any reason (except as specifically provided above regarding class/representative waiver severability), then (1) the unenforceable provision will be severed from these Terms; (2) severance will not affect the remainder of this Dispute Resolution Section or the parties’ ability to compel arbitration of remaining claims on an individual basis; (3) to the extent any claims must proceed on a class, collective, consolidated, or representative basis, those claims must be litigated in a civil court of competent jurisdiction (not in arbitration), and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration; and (4) if this specific severability paragraph is found unenforceable, the entirety of the arbitration provision (except for the Pre-Arbitration Process) will be null and void.

This Dispute Resolution Section will survive the termination of these Terms and your relationship with us.

18. Class Action Waiver and Jury Trial Waiver

You and we agree that, to the fullest extent permitted by law, (1) each party may bring claims against the other only in their individual capacity, not as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding, whether in court or in arbitration; (2) neither party may bring a claim on behalf of a class or group, or on behalf of any other person (unless acting as a parent, guardian, or ward of a minor or someone who cannot bring their own claim); (3) neither party may participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by a third party, except that you and we may participate in a class-wide settlement; and (4) both parties waive the right to a jury trial.

This class action waiver is intended to be enforceable to the fullest extent permitted by law, regardless of the enforceability of the arbitration provision itself. The jury trial waiver remains in effect even if the arbitration provision is found unenforceable. If this waiver is found unenforceable for a particular claim, that claim shall proceed in court after all arbitrable claims are resolved in arbitration. This Class Action Waiver and Jury Trial Waiver will survive the termination of these Terms and your relationship with us.

19. No Agency

The relationship between the us and each User and Provider is that of independent contractors, and no agency, joint venture, partnership, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

20. Notices

Except as explicitly stated otherwise, any notices sent from you to us shall be submitted via e-mail at [email protected] with a copy of such notice sent by certified postal mail, return receipt requested, to: Legal Department, Luva, 141 Portland Street, 7th Fl., Cambridge, MA 02139. When we need to send a notice to you, it shall be sent to the e-mail address you last provided to us. Notice shall be deemed given upon receipt or 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address last provided to us by you. In such cases, notice shall be deemed given three days after the date of mailing.

21. Amendments

We reserve the right to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be posted on the Site and will be effective immediately thereafter. Your use of the Site following the posting of any such change, modification or amendment to these Terms will constitute your acceptance thereof. These Terms may not otherwise be modified, except in a writing signed by both parties. No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth. These Terms (including, without limitation, the E-Sign Consent, Section 17 (Dispute Resolution), and Section 18 (Class Action Waiver and Jury Trial Waiver)) and the Privacy Policy constitute the entire agreement between us and Users with respect to the matters contemplated hereby.

22. Links to Third-Party Sites

This Site may contain links to other Internet sites. We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We 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, products or services available on such external sites or resources. We provide these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.

23. Partial Invalidity

The invalidity or unenforceability of any one or more sections of these Terms shall not affect the validity or enforceability of its remaining provisions.

24. Acknowledgement

You acknowledge that you have read and understand these Terms, and that these Terms have the same force and effect as a signed agreement. These Terms shall confer no rights upon any other party other than the parties hereto.

25. E-Sign Consent

In this E-Sign Consent, the following definitions apply: (i) “You” and “your” refer to you, the User; (ii) “We,” “us,” and “our” refer to the Site operator and its affiliates, agents, successors and assigns. By clicking the “I agree” button, which you adopt as your electronic signature, you consent and agree that:

- We can provide you with disclosures required by law, and other information about your legal rights and duties, electronically.

- Your electronic signature on agreements and documents has the same effect as if you signed them in ink.

- We can send all communications and disclosures, including, but not limited to, this E-Sign Consent, the telephone and e-mail contact consent, and the Privacy Policy and Terms of Use (collectively defined as “Disclosures”) to you electronically: (1) via e-mail; (2) by access to a web site that we designate in an e-mail notice we send to you at the time the information is available; or (3) to the extent permissible by law, by access to a web site that we generally designate in advance for such purpose.

- If you would like a paper copy, you can print a copy of the Disclosures or download the information for your records.

- This consent applies to: (1) your use of products and services offered by us; (2) all future Disclosures associated with us; and (3) all future transactions with us, at any time, and to other Disclosures that we provide to you by email, unless you have, prior to such transaction, withdrawn your consent by the procedure mentioned below.

You understand that, to access and retain the electronic Disclosures, you will need the following:

- A computer with an Internet connection.

- A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.

- A valid email address.

- Sufficient storage space to save past Disclosures and/or an installed printer to print them.

- If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add @luva.com to your email address book.

- You understand that you may request paper copies of the Disclosures, and that we will provide them to you by mail at no charge. You can request paper copies and/or withdraw consent by contacting us at: Luva, 141 Portland Street, Cambridge, MA 02139

Any withdrawal of your consent to receive electronic Disclosures will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Disclosures, we may—though we are not obligated to—cancel your account.

At any time, you can update the email address to which we will send alerts that Disclosures are available. You can change your email address by contacting us at: [email protected].

By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. When we send you an email or other electronic notification alerting you that Disclosures are available electronically and we do in fact make them available online, that shall have the same meaning and effect as if we provided paper Disclosures to you, whether or not you choose to view the Disclosures, unless you had previously withdrawn your consent to receive Disclosures electronically. You understand and agree that Disclosures are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the e-mail address is invalid.

You understand and agree that we reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time.

You understand and agree that we are responsible for sending notice of the Disclosures to you electronically including at the email address you have provided, but are not responsible for any delay or failure in your receipt of the email notices.

Contact Luva

If you have any questions regarding any of these Terms, please contact us by clicking here or by calling 302-364-5882.