Terms of Use

Last Updated:May22, 2017

Welcome to LoveTheApp.com (the “Website”) and/or Purely Love mobile application (“App”), both of which are owned and operated by Love the App, LLC, a California limited liability company(“LTA”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website, the Appandall other of LTA’sservices, applications, content and products (collectively, the “Service”).  These Terms apply to youwhether or not you register as a user of the Service. Please read these Terms carefully because your use of the Service constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Service and terminate your account. LTAreserves the right to make changes to the Service and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Service because by accessing the Service, you agree to accept any such changes. LTAprovides you with access to and use of the Service subject to your compliance with these Terms. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted in the Service. The Service, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is LTA’sproperty or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Service or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Service in whole or in part, for any public or commercial purpose without the specific prior written permission of LTA. We grant you a personal, limited, nonexclusive, nontransferable license to access the Service and to use the information and services contained therein solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described in the Service and to terminate, change, suspend or discontinue any aspect of the Service, including, but not limited to, the Materials and Content in the Service as well as features and/or hours of availability of the Service, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

 

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW IN SECTION 15. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND LOVE THE APP, LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND LOVE THE APP, LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

  1. Prohibited Uses. The Service may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing and using the Service, purchasing products and services, providing information to the Service and downloading product information for your personal review. The Service is intended for people who: (i) are not currently married; (ii) are not in a committed relationship; and (iii) are interested in being in a committed relationship. PLEASE DO NOT USE THE SERVICE IF YOU ARE MARRIED OR IN A COMMITTED RELATIONSHIP. LTA reserves the right to investigate and/or terminate your account if you have misused the Service or behaved in a way that LTA regards as unlawful, including actions or communications that occur outside of the Service but involve other users met through the Service. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Service. LTAspecifically prohibits any use of the Service, and requires all users to agree not to use the Service, for any of the following:
    • posting any information that is incomplete, false, inaccurate or not your own, including impersonating any person or entity;
    • soliciting money from other users of the Service;
    • posting any User Content that is prohibited by Section 5;
    • “stalking” or otherwise harassing any person or entity;

expressing or implying that any statements you make are endorsed by LTA without our specific written consent;

  • asking or usingother users to conceal the identity, source, or destination of any illegally gained money or products;
  • using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index,“data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  • collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
  • “framing” or “mirroring” any part of the Service, without the LTA’s prior written authorization;
  • posting, using, transmitting or distributing, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with these Terms.
  • engaging in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol;
  • communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the irrevocable permission of the owner to post it;
  • communicating, transmitting or posting material that (a) reveals trade secrets, unless you own them or have the irrevocable permission of the owner, (b) infringes on any other intellectual property, privacy or publicity right of another, or (c) is in violation of applicable laws or regulations;
  • communicating, transmitting or transferring (by any means) information or software derived from the Service to foreign countries or certain foreign nations in violation of any applicable export control laws; or
  • attempting to interfere in any way with the Service’s or LTA’s networks or network security, or attempting to use the Service’s service to gain unauthorized access to any other computer system.

 

  1. Security Rules. Violations of system or network security may result in civil or criminal liability. LTAinvestigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, the following: (i) accessing data not intended for you or logging on to a LTAserver or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Service, our provision of services to any other visitors to our Service and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Service, overloading, “flooding,”“email bombing” or “crashing” the Service; (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Service; or (v) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service any software used on or for the Service, or causing others to do so.

 

  1. Subscriptions; Charges on Your Billing Account.

 

  1. LTA bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay LTA all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize LTA to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. LTA may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 3 includes any agreements you made with LTA on the website or Service when registering as a user or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, LTA may in its discretion terminate your account immediately. If LTA successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

 

  1. Automatic Renewal.Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” through the Service and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed after your then-current term expires; provided, however, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize LTA to charge your Payment Method now, and again at the beginning of any subsequent subscription period. You also authorize LTA to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if LTA does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that LTA may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

 

  1. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify LTA if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings”through the Service. If you fail to provide LTA any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Service when automatically renewing your account, as set forth in Section 3(b).

 

  1. Proprietary Rights. As between you and LTA, LTAis the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Service, and is the copyright owner or licensee of the Materials and Content on the Service, unless otherwise indicated. The LTAlogos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, the “Intellectual Property”) are owned by LTAand may be registered in the United States and internationally. You agree not to display or use the Intellectual Property in any manner without LTA’s prior written permission. Nothing on the Service should be construed to grant any license or right to use any of the Intellectual Property without the prior written consent of LTA. Except as otherwise provided herein, use of the Service does not grant you a license to any Materials and Content or features you may access on the Service and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by LTA. If you make use of the Service, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Service, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

 

  1. Content Posted by You; Social Media Agreement.

 

  1. We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on the Service, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, that are tagged with #committedlove #purelylove#lovetheappor any other LTApromoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to LTAa perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein, including, without limitation, any minor child) included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (x) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms; or (y) inspect or approve the editorial copy or other material that may be used in connection with the User Content. LTAwill be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. LTAshall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. LTAretains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

 

  1. By submitting or posting User Content on the Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you hereby give permission on behalf of any minor children that appear in the User Content, to which you are the legal guardian, to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iv)you are 18 years of age or older; and (v) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by LTA, you will furnish LTAany documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold LTAand its members, manager, employees, officers, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

 

  1. In addition, the following is a partial list of the kind of User Content that is prohibited on the Service. You may not post, upload, display or otherwise make available User Content that:
  • that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • requests money from, or is intended to otherwise defraud, other users of the Service;
  • involves the transmission of “junk mail,”“chain letters,” or unsolicited mass mailing or “spamming” (or “spimming,” “phishing,”“trolling” or similar activities);
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; or
  • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

 

  1. LTAdoes not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge LTAand its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity; or (ii) the use by LTAor you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that LTAhas no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. LTAacts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If LTAbecomes aware of any User Content that allegedly may not conform to these Terms, LTAmay investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. LTAhas no liability or responsibility to Users for performance or nonperformance of such activities.

 

  1. Without limiting the foregoing in any way, LTA has the absolute right to remove and/or delete without notice any User Content within its control that it deems objectionable, and to investigate and take appropriate legal action against anyone who violates these provisions. You consent to such removal and/or deletion and waive any claim against LTA for such removal and/or deletion. LTA is not responsible for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post to the Service or any other sites or platforms.

 

  1. Customer Service. LTAprovides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and you will not be entitled to any refund of unused subscription fees.

 

  1. Modifications to the Service. LTA reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LTA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, LTA reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

 

  1. Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LTA’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Notices of claimed copyright infringement and counter-notices should be delivered via email to [EMAIL@COMPANY.COM] or by mail addressed to [Love the App, LLC, Street/City/State/Zip].In accordance with the DMCA, it is our policy to terminate use of our Service by repeat infringers in appropriate circumstances.

 

  1. Communications and Test Profiles.When you create anaccount, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners. Please see LTA’sPrivacy Policy[LINK TO PRIVACY POLICY] for more information regarding these communications. From time to time, employees of LTA (or its parent or affiliated companies) may create test dating profiles for the purpose of testing the functionality of our Service and website processes to improve service quality for our users.

 

  1. Privacy Policy. Notwithstanding anything else to the contrary contained in these Terms of Use, LTA’suse of any personally identifiable information (name, etc.) you provide via the Service shall be governed by our Privacy Policy. For further information regarding LTA’sprotection of your personal information, please refer to our Privacy Policy (click hereNEED TO INSERT LINK TO PRIVACY POLICY).

 

  1. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please either send an email to [EMAIL@COMPANY.COM] or write to us at[Love the App, LLC, Street/City/State/Zip]. Residents of California may contact the California Department of Consumer Affairs Division of Consumer Services, Complaint Assistance Unit by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

  1. Disclaimers and Limitations of Liability.
  2. LTApublishes information on its Service as a convenience to its visitors. While LTAattempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Service at any time without notice. The products and services described through the Service may not be available in your region. LTAdoes not claim that the information through the Service is appropriate to your jurisdiction or that the products and services described on the Service will be available for purchase in all jurisdictions.

 

  1. You assume all responsibility and risk with respect to your use of the Service, which is provided“AS IS.”LTADISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON AND THROUGH THE SERVICE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LTADOES NOT WARRANT THAT THE SERVICE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. LTAMAKES NO WARRANTY THAT THE SERVICE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.

 

  1. LTAmakes no warranties of any kind regarding any websites not controlled by LTAto which you may be directed or hyperlinked from theService. Hyperlinks are included solely for your convenience, and LTAmakes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such websites or mobile applications not controlled by LTA. LTAdoes not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Service.

 

  1. IN NO EVENT SHALL LTA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE Members, Managers, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (collectively, “lta parties”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LTAOR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. Indemnity.You agree to indemnify and hold allLTA Parties harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Service, your violation of these Terms or the posting or transmission of any materials on or through the Service by you, including, but not limited to, any third-party claim that any information, materials or User Content you provide infringes any third-party proprietary right.You further agree to reimburse eachLTA Party, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by such LTAParty in connection with the foregoing indemnity.

 

  1. Governing Law and Disputes. THE PARTIES AGREE THAT THeSETERMS, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND LTAarising from or relating to thESETerms, its interpretation or the breach, termination or validity thereof, the relationships that result from thESETerms, LTA’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF California, WITHOUT REGARD TO CONFLICTS OF LAW.

 

  1. Dispute Resolution and Binding Arbitration.YOU AND LTA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND the lta parties arising from or relating in any way to your use of the Service, theseTerms, its interpretation or the breach, termination or validity thereof, the relationships that result from theseTerms (including relationships with third parties who are not signatories to theseTerms), LTA’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or theseTerms is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR LTA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that LTA will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and LTA waive any right to a jury trial. Moreover, each of you and LTA both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.You may opt out of this arbitration agreement. If you do so, neither you nor LTA can force the other to arbitrate. To opt out, you must notify LTA in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your LTAaccount username and the email address you used to set up your LTA account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Love the App, LLC, ATTN: Arbitration Opt-out, [STREET, CITY, STATE ZIP], or email the opt-out notice to [ARBITRATION-OPT-OUT@EMAIL.COM].

 

  1. General. These Terms constitute the entire agreement between you and LTAand govern your use of the Service, and they supersede any prior agreements between you and LTA, provided, however, that these Terms shall be read in conjunction with the “Privacy Policy” and any other “Order” or “Subscription” terms as applicable. You also may be subject to additional terms and conditions that are applicable to certain parts of the Service. LTAmay terminate this agreement and deny you access to the Service at any time, immediately and without notice, if in LTA’s sole discretion you fail to comply with any provision of these Terms.You agree that no joint venture, partnership, employment or agency relationship exists between LTAand you as a result of these Terms or your use of the Service.Any claim or cause of action you may have with respect to LTAor the Service must be commenced within one (1) year after the claim or cause of action arose or be forever barred.The failure of LTAto exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.You may not assign these Terms nor any of your rights or obligations under these Terms without LTA’s express prior written consent. These Terms inure to the benefit of LTA’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.To contact us with any questions or concerns in connection with these Terms or the Service, or to provide any notice under these Terms to us, please refer to our Contact Us

 

  1. Amendment. The Terms are subject to change by LTA at any time. If you are a non-subscribing user at the time of any change, the revised terms will be effective upon posting on the website or Service and your use of the Service after such posting will constitute acceptance by you of the revised Terms. If you are a subscribing user at the time of any change, the then-existing Terms will continue to govern your account until such time that you renew your subscription as contemplated by Section 3. If you continue your subscription, your renewal will constitute acceptance by you of the revised Terms. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Terms.