Legal

Love.Life Terms and Conditions of Use

Effective Date: May 31, 2024

These Terms and Conditions (“Terms”) set forth conditions applicable to and governing your access to and use of any and all websites and mobile applications, and services provided therein, including but not limited to fitness facility memberships, wellness memberships, performance memberships, concierge medicine memberships, a-la-carte wellness services, and telehealth services of Healthy America, LLC and any of its affiliates or subsidiaries under the Love.Life brand (collectively, “Company,” “Love.Life,” “we,” “our,” and “us”) on which these Terms are posted, including all features, services and content, made available through such websites and/or apps (collectively, “LL Services”).  By accessing and using the LL Services, you agree on behalf of yourself and any person or entity on whose behalf you represent, to accept and be bound by these Terms. Specific features of the LL Services may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user (“you” and “your,”) and are incorporated herein by reference.

PLEASE READ THESE TERMS CAREFULLY.  THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY.  BY USING LL SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE LL SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR LL SERVICES.

THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.

Privacy Policy. Please review our Privacy Policy available at https://love.life/privacy-policy, which describes Love.Life’s privacy practices and applies to your use of LL Services. 

Services Overview.  All membership offerings are summarized below and detailed on our website and mobile app. By purchasing a membership, you agree to the specific terms associated with that membership level.

• A. Fitness Only Memberships, Guest Passes and Day Passes. Our fitness only memberships (inclusive of non-member guests) provide access to our fitness center, including gym equipment, group classes and other amenities. Information provided or educational content available through Love.Life to these individuals are not intended to and should not be interpreted as medical advice.
• B. Medical Memberships . Our medical memberships offer a level of personalized medical care, including acting as a primary care physician at member’s request. All medical services will be provided solely by the licensed physicians and clinicians employed or contracted by Love.Life Medical. This includes dispensing medical advice, diagnostic testing, prescriptions, treatments, and other healthcare services. Memberships do not provide services other than those as specifically described in program material.
• C. A-La-Carte Wellness Services. We offer a variety of a-la-carte wellness services to individuals, including but not limited to hyperbaric oxygen therapy, acupuncture, IV infusions, massage and other therapies. These services may be  available to both members and non-members of Love.Life. Information and educational content provided in connection with these services are for informational purposes only and are not intended as medical advice.

Telehealth Services. Our telehealth services are provided by licensed healthcare providers via video conferencing, phone calls or other communication methods. Telemedicine may be used for diagnosis, chart review, prescribing, treatment, follow-up or related patient education. These services are intended to offer convenient access to medical advice and consultations but are not a substitute for in-person visits when necessary. By using our telehealth services, you acknowledge and agree: 

• Telehealth does not replace the relationship you have with your primary care provider or with any physician and/or mental healthcare professional.
• Any diagnosis you may receive from a Company-affiliated telehealth healthcare provider is limited and, in some cases, provisional
• You will provide accurate and complete information about your medical history and current health conditions.
• a Company-affiliated telehealth healthcare provider may not have important information that is usually obtained through a “hands-on,” in-person physical examination;
• the absence of an in-person physical examination may affect the Company-affiliated telehealth healthcare provider’s ability to diagnose any potential medical condition, disease, or injury.
• Telehealth may not be appropriate for all medical conditions or concerns and you will seek in-person medical attention when necessary.
• If you have a medical emergency, immediately go to an emergency department or call 911.

The electronic systems used for telehealth services incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption. Company assumes no responsibility or liability for how you use information obtained from telehealth Services. In some cases, a Company-affiliated healthcare provider may use LL Services to provide you with medical advice or treatment via telehealth, as further described below. A healthcare provider consulting with you remotely through LL Services may not have the benefit of information that would be obtained by examining you in-person and observing your physical condition, in each instance. The healthcare provider may, therefore, not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation.  To reduce the risk to you of this limitation, Company strongly encourages you to provide all relevant facts and information, and discuss any and all diagnoses and treatment options, with an in-person healthcare provider.  Moreover, a healthcare provider made available by Company may be limited by state licensure or other laws when prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage LL Services via telehealth, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. 

For more information regarding the healthcare services offered by Company-affiliated telehealth healthcare providers utilizing LL Services, please visit the Website homepage at https://love.life/telehealth/ and follow the appropriate links or explore content on our mobile app.

Services Disclaimer

By accepting these Terms, you agree and consent to Company and affiliated healthcare providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree you will not hold us or any Company-affiliated health care provider liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or your failure to comply with any treatment recommendations contained in these communications.

Product and Service Information Disclaimer

Any products offered or made available on or through Love.Life’s websites or apps (“Products”), our services, and prices of Products and services are subject to change at any time without notice. Company attempts to be as accurate as possible regarding Products and service descriptions, pricing, and availability on its Websites and App.  However, unless specifically stated otherwise in writing on the LL Services, Company does not warrant that Product or service descriptions or Websites and/or App content are accurate, complete, reliable, current, or error-free. From time to time, the LL Services may contain typographical errors, inaccuracies, or omissions relating to Product or service descriptions, pricing, and availability.  In addition, Company reserves the right, without prior notice, to limit the order quantity on any Product and/or refuse services to any individual.

Website and/or App Content

All Website and/or App content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, Product or service descriptions, HTML code, scripts, and any other content of any kind of nature (collectively, the “Content”), and the collection, arrangement, and assembly of the Content, is the property of Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties.  You are granted no right, title, or interest in or to the Content other than the limited license expressly set forth in these Terms. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or app, or in any way exploit the Content, or any portion thereof, without the express written permission of Company.

Use of Website and/or App Content

The Website and/or App, including all Content, is provided as a resource for you to learn more about Company and the LL Services. Subject to these Terms, you are hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and/or App and the Content for your own non-commercial purposes.  All rights not expressly granted are reserved by Company and its licensors.  This limited license may be revoked at any time for any reason or no reason.

Trademarks

All rights regarding any trademarks, trade names, service marks, symbols, logos, and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website and/or App are expressly reserved by Company and its licensors.  The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties.  No license with respect to the use of the Marks is granted to you under these Terms or by virtue of your use of the Website, App or LL Services. The Marks may not be copied, imitated, or used by you, in whole or in part, without the prior written consent of Company or the applicable rights holder.

Links

The Website and/or App may include links to third party websites or applications not owned or operated by Company. These links are provided for your convenience and in no way signify any endorsement of any such website, application or the content thereof.  Access to any such linked site is at YOUR own risk, and COMPANY will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.

Online Commerce

The LL Services may allow you to make online purchases. Where you make such a purchase via the LL Services, all information obtained by Company from you in the course of such purchase, including User Information, may be collected by Company, as well as our third-party vendors, such as payment processing companies, responsible for facilitating your purchase.  These third-party vendors may have privacy and data collection practices that are different from those utilized by Company.  In addition to being subject to these Terms, certain purchases may subject you to additional terms and conditions of these third-party vendors. You acknowledge and agree that Company has no responsibility or liability for the independent policies of these third-party vendors and that you are solely responsible for complying with such policies.

You agree to pay all fees due for Products and services requested.  You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us and/or our third-party payment processors to charge the amount due.

You understand and agree that you are responsible for all fees due related to your receipt of healthcare services and pharmacy services from healthcare providers, including any fees charged by the healthcare providers or any other person or entity. Your payments to Company may include fees charged by healthcare providers for healthcare services that Company collects on their behalf. Any healthcare services not made available through LL Services are not included in the payments Company collects, and the applicable healthcare providers may separately charge you for any such services. In the event your credit card expires or Company and/or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Company and the healthcare providers have no obligation to provide any healthcare services unless and until full payment has been received or verified.

Advertisements

The LL Services provided may include advertisements, some of which may be targeted based on the type of information you provide on the Websites and/or App, queries made, or other information, whether submitted by you or others.  The types and amount of advertising on the Website and/or app or through the LL Services is subject to change.

User Information

Some functionality of the Website and/or App may require the transmission of information provided by you (“User Information”). User Information may include profile information such as your name, mailing address, email address, telephone number, method of payment, and credit card number, all of which you agree to keep current at all times and to promptly update such information on LL Services to the extent of any change. By using such functionality, you consent to the transmission of User Information to Company and/or its agents and authorize Company and/or its agents to record, process, and store such User Information as necessary for the Website and/or App functionality and for the purposes described in the Privacy Policy which is incorporated herein by reference.

User-Uploaded Health Data.

When users upload health data obtained from their wearable devices to our platform, they acknowledge and agree that such data is for informational purposes only. The Company is not responsible for using this data for diagnostic purposes or monitoring users’ health. This data will not be monitored by your medical team at Love.Life. Users should not rely solely on data generated from wearables for medical decisions and should consult with their healthcare provider for any health concerns or conditions. Company disclaims any liability for the accuracy, completeness or reliability of data uploaded from wearable devices.

User Content.

Certain features or functionalities of LL Services may allow you to upload, post or share your content, images, photographs, videos, statements or other content (collectively, “User Content”). You shall be solely responsible and liable for your User Content, including your interactions with other LL Services users, and any disputes or disagreements that may arise therefrom. You shall retain ownership of all User Content and hereby grant to Company a non-exclusive, royalty-free, fully paid-up, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute, and display the User Content via the LL Services and for all our business purposes. You also grant to the other LL Services users a non-exclusive, royalty-free license, to access your User Content and to use, reproduce, distribute, and display such User Content as permitted through the functionality thereof and subject to these Terms.  You grant Company the right to identify you as the author of any such User Content by name, email address, and/or screen name, and you acknowledge that Company has the right, but is not obligated, to use any such User Content and that Company may cease utilizing such User Content at any time for any reason.  You agree not to submit, upload, or otherwise make available via the LL Services any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which you do not have the rights necessary to transmit and publish such content or materials, or to grant Company the license to use such content or materials as described herein.  You acknowledge that Company has no obligation to monitor or screen User Content submitted to the LL Services, but that Company shall have the right, but not the obligation, to reject, remove, or delete any User Content that violates these Terms or that is otherwise objectionable in Company’s sole discretion.

Third Party Content

You understand and agree that Company does not control and is not responsible for any content made available on the LL Services by third parties.  Your use of, or reliance on, any information contained in such third-party content is at your sole risk.  Under no circumstances will Company be liable for any such third-party content or for any loss or damage resulting from your use of, or reliance on, such third-party content.

Account

In order to access certain features of the LL Services, you must register to create an account (“Account”).  To create an Account, you must be at least 13 years old, or you must have specific, documented parental or guardian consent.  Any other registration of an individual under age 13 is void.  During the registration process, you will be required to provide certain information and you will establish a username and a password.  You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.  Company reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.  You are responsible for safeguarding your password.  You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree to immediately notify Company of any unauthorized use of your Account.  You may not use anyone else’s Account at any time.  Company explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section of these Terms. You acknowledge and agree: (i) all or any part of the LL Services may not be accessible at any time, for any period, or for any reason; and (ii) Company will not be liable if, for any reason, all or any part of the LL Services is unavailable at any time or for any period.

Technological and Financial Requirements for Use

You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the LL Services. Fees and charges may apply to your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses you incur in relation to your use of the LL Services or the Services.

Acceptable Use

Your permitted use of the LL Services is limited to the standard functionality of the websites and/or App.  In no event may the LL Services be used in a manner that (i) is unlawful, fraudulent, or deceptive; (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by Company to access LL Services content; (iv) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (v) attempts to gain unauthorized access to our systems or user Accounts; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) attempts to damage, disable, or overburden our servers or networks; or (viii) fails to comply with applicable third-party terms.  You must comply with all applicable third-party terms (such as wireless carrier terms of service) at all times while using LL Services.  Company reserves the right, in its sole discretion, to terminate the license granted to you hereunder and/or bring legal action against you if you engage in, or Company reasonably believes you have engaged in or are engaging in, use that violates these Terms. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

International Use and Compliance

Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the LL Services complies with all local, international, and other laws that may apply.  In addition, U.S. import and export control laws and the import regulations of other countries may apply to the use of the LL Services.  You agree not to export, upload, post, transfer, or otherwise disclose to Company, directly or indirectly, any software, technical data, or technology identified on any U.S. export control list, including the Commerce Control List (15 C.F.R. 774) and the U.S. Munitions List (22 C.F.R. 121). Information or materials that include technology or technical data other than that classified under the U.S. Export Administration Regulations as “EAR 99” shall not be exchanged, transferred or disclosed hereunder. 

Eligibility; Jurisdiction

To use LL Services, you represent and warrant that (i) you are at least 13 years of age, are fully competent and able to enter into these Terms, and to abide by the terms hereof, or have specific, documented, parental or guardian consent; (ii) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist support” country; and (iii) you are not included on any U.S. government list of prohibited or restricted parties.  Company provides the LL Services for use in the United States of America.  Company does not represent the LL Services are available or appropriate for use in other jurisdictions.  Any access to or use of the LL Services from other jurisdictions is at your sole risk, and you are responsible for complying with all applicable local laws. You understand and agree that satisfying the above requirements does not guarantee you will receive Company’s Services. In addition to the above requirements, Company and our affiliated healthcare providers reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Disclaimers

THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LL SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON OUR LL SERVICES. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE LL SERVICES, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOUR USE OF LL SERVICES AND ITS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK, AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE LL SERVICES, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE LL SERVICES AND THE PRODUCTS AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR INTERNET ACCESS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE LL SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED OR WAIVED.

Non-Participation in Insurance

NEITHER COMPANY NOR ANY OF COMPANY’S AFFILIATED HEALTHCARE PROVIDERS PARTICIPATE IN, BILL, OR ACCEPT PAYMENT FROM ANY PRIVATE OR PUBLIC HEALTH INSURANCE OR OTHER THIRD PARTY PAYORS OF ANY KIND OR NATURE FOR ANY SERVICES, PRODUCTS, OR OTHER ITEMS AND SERVICES OBTAINED FROM COMPANY OR ITS AFFILIATED HEALTHCARE PROVIDERS THOUGH COMPANY’S SERVICES. You expressly acknowledge and understand that a private or public insurer or other third-party payor may not reimburse you for any or all of LL Services or any items and services received from affiliated healthcare providers, and you will be financially responsible for all incurred charges. Certain insurance coverages and payors (like Medicare) may not assist you at all in paying for the products or services or other fees you incur through using LL Services. Upon request, we may provide you with a superbill for you to seek reimbursement from your insurer or other third party payor. We are in no way liable for, however, and do not in any way guarantee, any such reimbursement will occur, and we accept no responsibility or liability whatsoever as related to your attempts to obtain reimbursement, as any reimbursement would be solely governed by the relevant insurance policy or other third party payor plan or program documents and terms. You further agree, except as may be permitted by applicable law or the terms of your specific coverage, not to bill or attempt to bill Medicare, Medicaid, or any other governmental, or non-private insurance for any of the products, services, or other items and services obtained from affiliated healthcare providers. You expressly acknowledge and understand that you have the right to seek out medical care and related items and services from physicians and other healthcare providers who do accept Medicare, Medicaid, or other private, government, or supplemental insurance plans or other third party payor programs, and your choice to obtain any products and services from Company, or to obtain items and services from our affiliated healthcare providers, is knowing and entirely voluntary. Except as otherwise provided by applicable law, you acknowledge and understand that the Company has complete discretion to establish fees for the products and services, and affiliated healthcare providers likewise have complete discretion to establish fees for their items and services.

Special Notice to Medicare Beneficiaries

As detailed above, we do not participate in and are not reimbursed by, any private or public insurance or other third party payors of any kind or nature, including Medicare. Our affiliated healthcare providers have made the individual choice to “opt out” of Medicare pursuant to Medicare’s requirements to do so. When receiving items and services from these affiliated healthcare providers, you, if you are a Medicare beneficiary, will be asked to sign a private contract related to payment for items and services that would otherwise be covered by Medicare except for the affiliated healthcare provider having opted-out of Medicare. By agreeing to these Terms, you agree to affirmatively inform affiliated healthcare providers and Company of the fact that you are a Medicare beneficiary prior to receiving any items or services from any affiliated healthcare providers through LL Services. If you have any questions or concerns related to Medicare, please discuss with your individual affiliated healthcare provider prior to obtaining any items or services from them.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, REPRESENTATIVES, AGENTS, AND LICENSORS, WILL NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY), RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE LL SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITES AND/OR APP, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE LL SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE WEBSITES, APP, SERVICES, OR PRODUCTS.  THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM.  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.  YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, REPRESENTATIVES, OR LICENSORS.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE. NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

Upon request by Company, you agree to indemnify, defend, and hold harmless Company and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) that arise from: (i) your use or misuse of the Websites, App, products or services;  (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User Content resulted in damage to a third party.  Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.

Changes to LL Services 

At any time and without notice to you, Company may change or modify the LL Services or Services, or any features or functions thereof, or may suspend or discontinue the LL Services or stop supporting the LL Services, or any aspect thereof. Any such termination, change, suspension, or discontinuance shall be without liability to you.

Changes to Terms; Updates

Company reserves the right to change these Terms at any time, and in its sole discretion, by changing these Terms within the LL Services.  Your continued use of the LL Services after any such changes to these Terms are made available through the Website or App will constitute your acceptance of those changes.  These Terms shall govern any updates to, or supplements, or replacements for, the LL Services unless separate terms are provided in conjunction with such updates, supplements, or replacements – in which case such separate terms will apply.

Governing Law

These Terms are governed by the laws of the State of California and applicable federal laws of the United States of America, without giving effect to conflict of laws principles.  You irrevocably consent to the exclusive jurisdiction of the federal and state courts situated in California for purposes of any legal action arising out of or related to these Terms or use of the LL Services.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s DMCA 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 copyrighted 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;
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to Company’s DMCA Agent at:

K&L Gates LLP 2801 Via Fortuna, Ste. 650 Austin, TX 78746 ATXtrademarks@klgates.com

You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid.

Support or Maintenance

Although we may choose to provide customer support or Website maintenance, you acknowledge and agree that we are under no obligation to do so.

Restricted Access

Some parts of the LL Services may be restricted to certain users. If you have permission to access restricted parts of the LL Services, you agree to not share your access information and password with third parties.  We may change the restricted parts of the LL Services from time to time.  If you do not have access to restricted parts of the LL Services, you agree not to use another user’s Account to gain such access or otherwise attempt to gain improper access to the restricted parts of the LL Services.

Arbitration Agreement and Class Action Waiver

Informal Dispute Resolution. 

Our goal is to provide you with exceptional services. If that does not happen, we hope tha you will give us the opportunity to address your concerns. To do so, please contact us by visiting privacy@love.life and include your name, phone number, email or physical address and a description of your problem or concern and the specific relief you are seeking.

Arbitration Agreement.

By using the LL Services, you and Company agree to submit any and all Disputes (defined below) to binding arbitration administered by the American Arbitration Association (AAA) (www.adr.org) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act (Title 9 of the U.S. Code) governs the interpretation and enforcement of this arbitration agreement. 

WE EACH AGREE THAT ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, INCLUDING ALL ISSUES, DISPUTES, CLAIMS, OR CAUSES OF ACTION THAT YOU MAY HAVE RELATING TO THE ENFORCEABILITY, INTERPRETATION, SCOPE AND APPLICATION OF THIS ARBITRATION AGREEMENT WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN A COURT BY A JUDGE OR JURY. EACH PARTY HEREBY WAIVES ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JUDGE OR JURY.

Class Action Waiver.

By using the LL Services, you agree that the arbitration of any Dispute (defined below) shall be conducted on an individual, not a class-wide or multi-party basis. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative or consolidated proceeding against Love.Life.

Meaning of Dispute.

The term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Company regarding any aspect of your relationship with Love.Life, whether based in contract, statute, regulation, ordinance, tort, or any other legal, statutory or equitable theory, whether related to the access to and use of the LL Services or otherwise, and includes the validity, enforceability and scope of these Terms.

ANY DISPUTE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

If any portion of these Terms are held invalid, it is agreed that the remaining provisions shall continue in full force and effect. Likewise, you agree that if any legal action is brought, it must be brought in the state or federal courts of Los Angeles, California.

Notwithstanding the foregoing, you agree that  should you breach or threaten to violate our intellectual property rights or of our subsidiaries, affiliates, partners, suppliers, or licensors, it will result in irreparable and continuing damage for which there will be no adequate remedy at law, and Company shall be entitled to injunctive relief and/or other equitable remedy as may be proper and without any requirement to post bond, and you consent to exclusive jurisdiction and venue in such courts.

Additional Policies

Our LL Services may have additional policies, terms, or conditions that are specific to those products or services. These documents will be made available to you when you access those LL Services or use those products or services. Please contact us for more information on these supplemental policies.

User Feedback and Communications

We welcome your feedback, comments, reviews, notes, messages, or other communications (collectively, “Feedback”). However, by posting or submitting Feedback on or through LL Services, or otherwise sending Feedback to Love.Life, you hereby assign to us all rights in any Feedback and agree that we have the right to use and fully exploit all such Feedback in any manner we wish, commercial or otherwise. All Feedback will be treated as non-confidential and non-proprietary. It is our policy not to accept any unsolicited ideas, confidential information, proprietary information or other Feedback that you do not wish to assign to Love.Life, including without limitation, ideas for new or improved products, services, apps, technologies, marketing, advertisements or other product offerings and creative materials. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.

Contact

Any questions, complaints, or claims regarding the Website may be directed to: privacy@love.life.