below). Please read them carefully.
Lido Beach Butlers, LLC (“Lido,” “us,” “our,” and “we”) owns and operates the website,
www.lidoapp.com, the related (iOS and Android) mobile applications and any sites we have now or in
with these terms set forth herein, and any other terms contained herein or incorporated herein by
reference (including the Terms of Sale, defined below), are collectively referred to as the "Terms of
Use" The term "using" also includes any person or entity that accesses or uses the Site with crawlers,robots, data mining, or extraction tools or any other functionality. Capitalized, but undefined, terms in
SERVICE OFFERED THROUGH THE SITE.
RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN,
(B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION.
1. Scope of Terms and Conditions
unaffiliated websites to which Lido only links.
2. About Lido
Lido is a luxury services company that provides an online technology platform and mobile application
accessed on or through the Site that enables: (i) rentals of beach-related products and services, such as
cabanas, umbrellas, beach chairs and beach games, (ii) any other products or services we may decide to
offer from time-to-time, and (iii) ancillary concierge services carried out by our team of workers (termed
“beach butlers”) in support of the foregoing products and services, including full-service set-up and
take-down of rental items, and food and drink delivery, in each case, at the beach locations we service
(collectively, “LIDO Offerings”). Through the Lido platform on the Site, beach goers may use the Site to,
among other things, reserve beach products and services that we offer on the Site, have rental items set
up for you prior to your arrival at the beach, and order food from our network of restaurants or other
Merchant Offerings. Lido is not a restaurant or food preparation entity. For purpose of hereof,
Merchant Offerings means each and every product, service or other program made available on the Site
that is provided or otherwise supported by our Merchants.
The restaurants available on the Site operate independently and have entered into agreements with us
to provide the food available to you on the Site. Lido is not responsible for the restaurants’ food
preparation or safety and does not verify any restaurant's compliance with applicable laws. In addition,
Lido does not guarantee the quality of what the restaurants sell, nor does it guarantee the services
provided by the restaurant. Lido further does not independently verify representations made by
restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors
3. Using Lido
Use of the Site to order products and services requires that: (i) you are the authorized holder of the
create an account (“Account”) on the Site. You may only create and hold one Account on the Site for
your personal use and must register using a valid credit card. To register and create an Account, you
must create a username and password and provide certain personal information. In consideration of
the use of the Site’s products services, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the registration form, and (b) maintain and promptly update
the personal information you provide to keep it true, accurate, current and complete.
You must safeguard your password and supervise the use of your Account. You are solely responsible
for maintaining the security of your Account and maintaining settings that reflect your preference. We
will assume that anyone using the Site or transacting through your Account is you. You agree that you
are solely responsible for any activity that occurs under or through your Account, and you expressly
release Lido for any liability for any of the foregoing. Further, you agree to: (i) immediately notify Lido 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; and (ii) ensure that you exit from your Account at the end of each session. Lido will not be
liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (i)
and (ii) or for any acts or omissions by you or someone else using your Account and/or password.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other
failure to maintain updated and correct information about your Account (e.g., valid credit card
information) will cause your Account to fall out of good standing, and we may suspend or cancel your
Account in our sole discretion. We also reserve the right to change or discontinue any aspect or feature
of our services or the Site, including, without limitation, requirements for use.
4. Our Alcoholic Beverages Policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you
place an order that includes any alcoholic beverage, you acknowledge that you are at least twenty one
(21) years of age. Upon delivery by our beach butlers, you shall present a government-issued
identification card, evidencing your age. If you do not comply with these terms, you agree that the
alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages.
5. Our Credit Policy
Unless prohibited by law, in the event of any error in your order or the amount you were charged, you
are entitled to a credit, provided it is brought to our attention within sixty (60) days of your order date.
If you do not raise the issue within sixty (60) days of your order date, you waive the ability to receive a
credit for any error.
6. Use of the Site
As a condition of your use of the Site, and in addition to other terms and conditions herein, you agree
You have reached the age of majority in the state or province in which you reside.
You are able to create a binding legal obligation.
You are not barred from receiving products or services under applicable law.
You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any
-You will only make legitimate purchases that comply with the letter and spirit of the terms of
the respective offers.
-You will only make purchases on the Site for your own use and enjoyment or as a gift for
another person (as permitted by the Site).
-You have the right to provide any and all information you submit to the Site, and all such
information is accurate, true, current, and complete.
- You will update and correct information you have submitted to the Site and ensure that it is
accurate at all times (out-of-date information will invalidate your account).
- You will only purchase products and services, including those from Merchants, through the Site
by creating an Account on the Site, and any purchase will be subject to the applicable Terms of
Sale set forth herein.
7. Access to the Site
Lido retains the right, at our sole discretion, to deny service or use of the Site to anyone at any time for
any reason. While we use reasonable efforts to keep the Site and your Account accessible, the Site may
be unavailable from time to time. You understand and agree that there may be interruptions in service
or Site access due to circumstances both within our control (e.g., routine maintenance) and outside of
our control, and you expressly agree that Lido shall have no liability whatsoever to you with respect to
any such interruptions in service.
discretion. If we make changes that affect your use of the Site or our products and services, we will post
upon our posting of the notice, provided that these changes will be prospective only and not retroactive.
If you do not agree to the changes, you should not use the Site or any products or services offered
regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes
10. Terms of Sale
By purchasing or obtaining any product or service via the Site, including those from Merchants, you
11. Ownership Rights and Licenses to You
With the exception of User Content (defined below in Section 12), the Site and everything contained on
or through it, from text to photos to videos to graphics and software, (collectively, the "Materials") are
owned by or licensed to Lido. The Site 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 United States and other countries. Except as otherwise indicated on the Site, and except for the
trademarks, service marks, logos and trade names of other companies that are displayed on the Site, all
trademarks, service marks, logos, trade dress and trade names are proprietary to Lido, including without
limitation, LIDO, A New Way To Beach, and the lidoapp.com.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Site
subject to all the terms and conditions herein, all applicable intellectual property laws, and any
Additional Terms (defined below) contained on the Site. Any other use of the Site 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
the Site should be interpreted as granting to you any license or right to use any of the Materials and/or
third party proprietary content on the Site without the express written permission of Lido or the
appropriate third party owner, as applicable.
If you download any Materials or software from the Site, you may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the software and/or related Materials and to a
human-perceivable form for any purpose, including without limitation, to build a product and/or service
competitive with the Site and its related services.
Lido reserves the right, in its sole discretion, to modify, suspend, or discontinue at any time, with or
without notice, the Site and/or products or services offered on or through the Site (or any part thereof),
including but not limited to the Site’s features, look and feel, and functional elements and related
12. Content and Conduct
(a) User Conduct. By accessing the Site, you agree:
to comply with all applicable laws regarding online conduct and submission of acceptable User
not to (i) use the Site or any products or services offered through the Site, or (ii) submit content
to the Site if you are under the age of 13;
not to use the Site to purchase alcohol unless you and the alcohol recipient are twenty one (21)
or older and present a valid photo identification(s) verifying your age at the time of alcohol
not to attempt, through any means, to gain unauthorized access to any part of the Site and/or
any products or services offered through the Site, other Account, computer system and/or
network connected to any Lido server;
not to attempt to impersonate another user or person;
not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by
not to conduct any kind of systematic retrieval of data or other content from the Site;
not to create or compile, directly or indirectly, any collection, compilation, database or directory
from the Site content;
not to use the Site in any manner that could damage, disable, overburden and/or impair any
Lido server, or the network(s) connected to any Lido server, and/or interfere with any other
party's use and enjoyment of the Site;
not to transmit any chain letters or junk email;
not to use any information obtained from the Site or Lido’s services in order to contact,
advertise to, solicit, or sell to any user or restaurant;
not to sell or transfer your profile or Account;
not to use the Site to engage in commercial activities apart from sanctioned uses by Lido;
not to use the Site as part of an effort to compete with Lido, the Site, or Lido’s products or
not to copy any content, including, but not limited to restaurant menu content and third-party
reviews, for republication in any format or media;
not to license, sell and/or otherwise provide access to and/or use of the Site to any third party,
including without limitation to build a competitive product and/or service;
not to create restaurant 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 the Site;
not to harass, annoy, intimidate or threaten any Lido employees or agents engaged in providing
any portion of Lido’s services;
not to display an advertisement, or accept payment or anything of value from a third person in
exchange for your performing any commercial activity on or through the Site or Lido’s services
on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
not to delete the copyright or other proprietary rights notice from any User Content or any
portion of the Site or Lido’s services;
not to upload or transmit viruses or other harmful, disruptive or destructive files;
not to disrupt, interfere with, or otherwise harm or violate the security of the Site, any products
or services offered through the Site, system resources, accounts, passwords, servers or
networks connected to or accessible through the Site or affiliated or linked sites (including those
of Merchants); and
not to use the Site for any illegal purposes.
You agree that the consequences of commercial use or re-publication of User Content or Materials from
the Site or other violations of the foregoing proscriptions may be so serious and incalculable that
monetary compensation may not be a sufficient or appropriate remedy and that Lido will be entitled to
temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove
(b) Content You Provide. Lido may provide you with interactive opportunities (i) on the Site, including,
without limitation, message boards, features such as user Ratings and Reviews (defined below), saved
favorites, liked products and services, and bookmarked items, as well as (ii) through other
communications with you through the Site (collectively, “Interactive Areas”). You represent and
warrant that you are the owner of and/or otherwise have the right to provide all information,
comments, reviews, ratings and/or other materials and/or content that you submit, upload, post,
publish and/or otherwise make available to Lido through the Site or otherwise in connection with your
use of our services (“User Content”). User Content includes textual, visual, or audio content and
information, regardless of the transmission.
(c) Use of Your Content. You grant Lido 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 User Content in
connection with Lido’s business and in all forms of media now known or hereafter invented (collectively,
the “Uses”), without notification to and/or approval by you. You further grant Lido 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 Lido member, 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.
User Content transmitted to certain parts of the Site, including, without limitation, restaurant pages and
certain Interactive Areas, may be posted in public areas on our Site, including without limitation in a
compilation format, and as such will be publicly visible and accessible. Lido and its officers, directors,
employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees,
business partners, contractors, agents and representatives will not be responsible for, and you hereby
expressly release the forgoing entities from, any and all liability for the action of any and all third
parties with respect to User Content.
(d) Conduct within Interactive Areas. By transmitting User Content, you agree to follow the standards of
conduct below, and any additional standards that may be stated on the Site. We do our best to
encourage civility and discourage disruptive communication on the Site. We also discourage
communications that incite others to violate our standards. We expect your cooperation in upholding
our standards. You are responsible for all of your User Content. You agree not to provide any User
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 commercial, political or religious purpose;
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;
contains unauthorized advertising and/or solicits users to a business other than those on the
is intended to interrupt, destroy or limit the functionality or integrity of any computer software,
hardware or Materials on the Site or other websites.
Lido may monitor any and all use of the Site; provided, however, you acknowledge and agree that we
are under no obligation to do so. We may manage the Site in a manner intended to protect our
property and rights and to facilitate the proper functioning of the Site. If any User Content or conduct
interferes with other peoples' enjoyment of the Materials or our Site; or that we believe is
inappropriate; in our sole discretion, we reserve the right to change, delete or remove, in part or in full,
any such User Content or Materials; and we further reserve the right to terminate or suspend access to
any Interactive Areas or any Site. Lido will cooperate with local, state and/or federal authorities to the
extent required by applicable law in connection with User Content.
(e) Ratings and Reviews. The Site and other Interactive Areas may allow you to rate and post reviews of
products, services, restaurants and other businesses (“Ratings and Reviews”). Such Ratings and
Reviews are considered User Content and are governed by the terms and conditions of these Terms of
Use, including, without limitation, your agreement regarding your use of Interactive Areas and the Site’s
standards of conduct. Ratings and Reviews are not endorsed by Lido, and do not represent the views of
Lido or of any affiliate or partner of Lido. We do not assume liability for Ratings and Reviews or for any
claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of
integrity with our Ratings and Reviews and other User Content. To that effect, all Ratings and Reviews
must comply with the following criteria: (i) before posting a Rating or Review, you must have had first-
hand experience with the product, service or Merchant; (ii) you may not have a proprietary or other
affiliation with either Lido, Merchant or any of its respective competitors; (iii) you may not draw any
legal conclusions regarding Lido or any Merchant’s products, services or conduct; and (iv) your review
sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Site
may be removed or excluded by us without notice.
organizations, including those to which the Site may link. We are not responsible for the availability of
any other website to which the Site links. We do not endorse or take responsibility for the contents,
advertising, products or other materials made available through any other website. Under no
circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in connection with your use of, or reliance on, any
content, goods or services available on any other website. You should direct any concerns to that
website's administrator. We reserve the right, however, to rescind any permission granted by us, and to
require termination of linking to the website, at our discretion at any time.
14. Unsolicited Ideas
We do not accept or consider, directly or through any Lido personnel, volunteer or other agent,
unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or
improved products, enhancements, names or technologies, advertising and marketing campaigns, plans,
or other promotions. Do not send us (or any of our personnel, volunteers or other contractors) any
unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If
you send us Unsolicited Materials, you understand and agree that the following terms will apply,
notwithstanding any cover letter or other terms that accompany them:
Lido has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials
You represent and warrant that you have the full right and authority to disclose and assign all
right, title and interest in and to the Unsolicited Materials to Lido.
Lido will own (i.e., you hereby assign to Lido all right, title and interest in and to the applicable
Unsolicited Materials), and we may use and redistribute, Unsolicited Materials for any purpose
without restriction and free of any obligation to acknowledge or compensate you.
15. Digital Millennium Copyright Act (DMCA) Procedures
Infringement Reporting Procedures. If you own copyright, trademark, patent, or other
intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the
IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or
products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual
property right, and you would like to bring it to Lido's attention, you can report your concern(s)
DMCA Procedures. Lido reserves the right to terminate your, or any third-party’s, right to use
the Site if such use infringes the copyrights of another. Lido may, under appropriate
circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to
the Site, if Lido determines that you are, or a third-party is, a repeat infringer. If you believe that
any material has been posted via the Site by any third-party in a way that constitutes copyright
infringement, and you would like to bring it to Lido's attention, you must provide Lido's DMCA
Agent identified below with the following information: (a) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyrighted work; (b) an
identification of the copyrighted work and the location on the Site of the allegedly infringing
work; (c) a written statement that you have a good faith belief that the disputed use is not
authorized by the owner, its agent, or the law; (d) your name and contact information,
including, without limitation, telephone number and email address; and (e) a statement by you
that the above information in your notice is accurate and, under penalty of perjury, that you are
the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for Lido’s DMCA Agent for notice of claims of copyright infringement is the
16. Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. NEITHER LIDO, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE AND/OR MATERIALS WILL BE
UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A)
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS,
OR RELIABILITY OF (I) LIDO OFFERINGS, MERCHANT OFFERINGS, MATERIALS AND/OR THE CONTENT ON
THE SITE, INCLUDING, WITHOUT LIMITATION, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE
LIDO PLATFORM, (II) DESCRIPTIONS OF LIDO OFFERINGS AND MERCHANT OFFERINGS, OR (III) USER
CONTENT AND MATERIALS PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, MATERIALS,
USER CONTENT AND OTHER INFORMATION CONTAINED OR ACCESSIBLE ON THE SITE, LIDO OFFERINGS,
MERCHANT OFFERINGS, AND/OR OTHER AVAILABLE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE
THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, LIDO HEREBY DISCLAIMS ANY AND ALL
REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS
TO THE OPERATION OF THE SITE OR THE CONTENT, MATERIALS, ACCESSIBILITY OF THE SITE, USER
CONTENT, LIDO OFFERINGS, OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS,
AND/OR OTHER AVAILABLE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE,
INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE,
MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES
IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
17. Limitation of Liability
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIDO, ITS SUBSIDIARIES OR AFFILIATES OR ANY
OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-
PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED
TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT,
MATERIALS, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND
ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B)
YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE
SITE; (D) LIDO OFFERINGS, MERCHANT OFFERINGS, AND OTHER AVAILABLE PRODUCTS OR SERVICES
ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES RENTED, PURCHASED
USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL
INFORMATION. IN NO EVENT SHALL LIDO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE LESSER OF: (I)
AMOUNTS PAID BY YOU AND RECEIVED BY LIDO IN CONNECTION WITH PURCHASES OF PRODUCTS OR
SERVICES ON OR THROUGH THE SITE, OR (II) $500.00. 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. THIS LIMITATION IS ENFORCEABLE IN NEW YORK.
YOU AND LIDO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS
BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY
USE. YOU AND LIDO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN
DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.
18. Electronic Communications
When you use the Site or send emails to Lido, you are communicating with us electronically and consent
to receive electronic communications related to your use of the Site. We will communicate with you by
email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other
communications that are provided to you electronically satisfy any legal requirement that such
communications be in writing. Notices from us will be considered delivered to you and effective when
sent to the email address you provide on the Site or from which you otherwise email us.
You agree to defend, indemnify, and hold harmless Lido, its subsidiaries and affiliates, and their
respective directors, officers, personnel, volunteers, contractors and agents from and against all claims
and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection
with any of the following: (a) any User Content submitted or posted by you, in connection with the Site,
misconduct or gross negligence, (c) a violation by you of applicable law or any agreement or terms with
a third party to which you are subject, or (d) your use of any Lido Offerings, Merchant Offerings, and/or
participating or using any other available programs, services or products via the Site.
You are solely responsible for your interactions with Merchants and other users of the Site. To the
extent permitted under applicable laws, you hereby release Lido from any and all claims or liability
related to any product or service of a Merchant, regardless of whether such product or service is a
Merchant offering available through the Site, any action or inaction by a Merchant, including, without
limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s
failure to comply with applicable law and/or failure to abide by the terms of a Merchant offering or any
other product or service purchased or obtained by you from the Merchant, and any conduct, speech or
User Content, whether online or offline, of any other third-party.
20. Additional Terms
Your use of the Site is subject to any and all additional terms, policies, rules or guidelines applicable to
Lido’s services or certain features of the Site that we may post or link to on the Site (collectively, the
“Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to
particular features, content on the Site, including the Google Maps/Google Earth Additional Terms of
located at https://www.google.com/intl/ALL/policies/privacy/index.html. All such Additional Terms are
21. Force Majeure
prevented or delayed from performing, in whole or in part, as a result of an event or series of events
caused by or resulting from: (i) weather conditions or other elements of nature or acts of God; (ii) acts of
war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (iii) quarantines or embargoes; (iv)
labor strikes; (v) error or disruption to major computer hardware or networks or software failures; or
(vi) other causes beyond the reasonable control of Lido or a Merchant, as applicable.
Account), by operation of law or otherwise, without the express written permission of Lido. Any
23. Entire Agreement
incorporated by reference, constitute the entire agreement and understanding between you and Lido
with respect to the subject matter hereof and supersedes all prior or contemporaneous communications
and proposals, whether oral or written, between you and Lido with respect to such subject matter.
beyond the termination, cancellation or expiration, shall survive any termination, cancellation or
expiration, including, but not limited to, obligations to indemnify and limitations of liability.
25. Choice of Law
services shall be governed by the laws of the State of New York, without regard to its choice of law rules
and without regard to conflicts of laws principles.
reason unenforceable, then that provision will be considered severable from the remaining terms and
conditions, and will not affect the validity and enforceability of the remaining provisions.
27. Dispute Resolution/Arbitration Agreement
(a) Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and Lido
and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors,
personnel, volunteers and other contractors (all such entities collectively referred to herein as the
or your use of the Site, your Personal Information, or any services or programs (“Dispute(s)”) shall be
resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a
Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Lido are
each giving up the right to go to court and have a Dispute heard by a judge or jury (except as
otherwise set forth in this Section 22(a) or Section 22(d)). The provisions of this Section 22 shall
constitute your and Lido’s written agreement to arbitrate Disputes under the Federal Arbitration Act
(“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association
(“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the
AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will
award, if appropriate.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our
respective individual capacities and not as a plaintiff or class member in any purported class,
representative proceeding or as an association. In addition, we each agree that Disputes shall be
arbitrated only on an individual basis and not in a class, consolidated, or representative action and
that the arbitrator may award relief (including injunctive relief) only on an individual basis. The
arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with
respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to
bring in a court of competent jurisdiction in the county in which you reside, you and Lido agree that any
Dispute may only be instituted in the state or federal court in State of New Jersey; (ii) you and Lido
irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for
resolution of such Disputes; and (iii) you and Lido agree to waive any right to a trial by jury. You and Lido
agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of
New Jersey, without regard to principles of conflicts of law, will govern this Dispute Agreement and any
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party
may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the
infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility,
functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the
general business interests of Lido.
(e) Severability. With the exception of Section 24(b) above, if any part of this Section 22 is ruled to be
unenforceable, then the balance of this Section 22 shall remain in full effect and construed and enforced
as if the portion ruled unenforceable were not contained herein. If Section 22(b) above is ruled to be
unenforceable, then Section 22(a) shall be deemed unenforceable, but the rest of Section 22 shall
remain in full effect.
No waiver by either you or Lido of any breach or default or failure to exercise any right allowed under
for convenience only and shall be of no legal force or effect.
You are contracting with Lido Beach Butler, LLC. Correspondence should be directed to contact address
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs by contacting them in
writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800)
affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to
assert and enforce such provisions directly.