Terms and Conditions
Please read this agreement carefully ("Agreement"). This Agreement states the terms and conditions under which you may use the lovestrength.com website (the “Website”). By accessing the Website you agree to the terms of this Agreement and you indicate that you have had an opportunity to review the terms of this Agreement and understand and intend that this Agreement is a legally binding contract. If you do not agree with the terms of this Agreement, please exit the Website.
PROPRIETARY RIGHTS NOTICES.
All text, graphics, logos, button icons, images and the selection and arrangement of the content of this Website, as well as the computer programs used to generate web pages and the Website are the exclusive property of lovestrength, LLC, its licensors and or affiliates, (“collectively,”) and is protected by U.S. and international copyright, trademark, patent and other laws, and may not be used, copied, modified, distributed, transmitted, displayed, performed, reproduced, published, licensed, derived from, transferred or sold without the express written permission of lovestrength. lovestrength reserves any and all rights, in all media and technologies existing now or later developed, not expressly granted in this Agreement. Access to this Website with the intent to download information for other than personal use will be considered an infringement of copyright and prosecuted accordingly. If you obtain prior written permission from lovestrength to download material, you must retain all copyright and other proprietary notices displayed on the materials. The deletion or alteration of any copyright or other proprietary notices from this Website is strictly forbidden.
The trademarks, service marks, designs, images and logos (collectively, "Trademarks") displayed on this Website are the registered and unregistered trademarks of lovestrength. Your use of the Trademarks displayed on this Website except as provided in this Agreement, is strictly prohibited. Nothing in this Agreement shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of lovestrength. Copyright © 2010 lovestrength, LLC, 865 Arbor Glen Lane, Vista CA 92081 | (760) 481-9951
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act. If you believe that your work has been copied and is accessible on the Website, in a way that constitutes copyright infringement, you may notify lovestrength by providing the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (3) Identification of the URL or other specific location on the Website where the allegedly infringing material is located; (4) Your address, telephone number and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent to act on behalf of the copyright owner.
In exchange for entering into and complying with this Agreement lovestrength hereby grants you a non-exclusive and non-transferable license to use the Website under the terms of this Agreement. This license is not a sale of any of lovestrength rights. The Website may be used only by you, and you may not rent, lease, lend or sub-license its use or any information or intellectual property of lovestrength on the Website or any of your rights under this Agreement. You agree to use this Website only for personal, non-commercial, lawful purposes. Accordingly, as one of the terms of this Agreement, you represent, warrant and agree that you will not use the Website for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Website complies with this Agreement and to seek prior written permission for any uses not expressly permitted herein.
In connection with your use of the Website, you shall not: (1) post, transmit, link, facilitate distribution of or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another person or entity; (3) upload files that contain software or other material protected by law unless you own or control the rights thereto or have received all necessary consents; (4) upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another's computer; (5) post or transmit, or cause to be posted or transmitted, chain letters, pyramid schemes, “junk mail,” “spam,” unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose, or collect or harvest screen names of other users; (6) impersonate any person or entity, including, a lovestrength official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) falsify the origin or source of software or other material contained in a file that is uploaded; (8) violate any operating rule, policy or guideline of any other interactive service offered by lovestrength, its licensors and or affiliates; (9) intentionally or unintentionally violate any applicable law, rule or regulation having the force of law; (10) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website; (11) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; (12) take any action which imposes an unreasonable or disproportionately large load on this Website's infrastructure; (13) disclose or share any password for the Website with any third party or using your password for any unauthorized purpose; (14) use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search the Website other than the search engine and search agents provided for your use by lovestrength and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); and/or (15) attempt to decipher, decompile, disassemble or reverse engineer any software comprising or in any way making up a part of the Website. The foregoing is not an exclusive list of the activities or conduct prohibited in connection with this Website.
WEBSITE SECURITY RULES.
You agree not to violate or attempt to violate, the security of this Website, including: (1) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing"; or (4) forging any TCP/IP packet header or any part of the header information in any e-mail. Any such unauthorized access is a violation of state and federal law and are strictly prohibited. Violations, and attempted violations, of network security may result in civil and/or criminal liability and will be prosecuted to the fullest extent of the law.
SECURITY OF DATA TRANSMISSION AND STORAGE.
Electronic communications with lovestrength may not be encrypted. You acknowledge that there is a risk that data, including email, electronic communications and personal data, may not be secure and may be accessed by unauthorized third parties when communicated between you and lovestrength or between you and other parties. lovestrength is not responsible for, does not control, and disclaims all liability for, the loss of any information, data or other assets resulting from the inadequacy, failure, or mere lack or security of any network or other computer system owned and or operated by you or other parties. Further, lovestrength does not guarantee the security or integrity of the Website or services provided thereby and shall not be liable for the consequences of any breach of security of the Website or any such services. lovestrength strongly recommends to all users that basic security measures such as firewalls, password and registration information protections be maintained at all times, as required by this Agreement, to protect proprietary and sensitive information. If you have any questions regarding implementation of such protections please contact lovestrength. Unless otherwise indicated for a particular Service, any communications or material of any kind that you email, post or otherwise transmit through the Website, including data, questions, comments, or suggestions ("Communications") will be treated as non-confidential and nonproprietary. You hereby unconditionally authorize lovestrength to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Website or elsewhere with no liability or obligation to you. lovestrength is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
ADEQUATE HARDWARE, SOFTWARE.
You understand that in order for the Website to perform properly, or at all, you are solely responsible for the hardware, software or other technology you use to access the Website. lovestrength will not be responsible for any service difficulties resulting from your failure to possess technology adequate to use the Website.
MONITORING. lovestrength is entitled, but not obligated, to review or retain your activities on the Website including your activities and Communications. lovestrength may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Website or for other reasons. You agree that such monitoring will not entitle you to any cause of action or other right with respect to the manner in which lovestrength monitors your activities and Communications and enforces or fails to enforce this Agreement or rules and guidelines of any lovestrength service. lovestrength reserves the right to modify, reject or eliminate any information residing on or transmitted to its Website that it, in its sole discretion, believes is unacceptable or in violation of this Agreement. In no event will lovestrength be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of lovestrength’ monitoring.
REGISTRATION INFORMATION AND PRIVACY.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES.
You agree to accept all communications from lovestrength at the addresses you provide during Registration. Please promptly update any changes to your registration information by using the Update User Information link or by contacting lovestrength. lovestrength is entitled to rely on the most recent information that you have provided. You agree to waive all claims resulting from failure to receive communications because of changes in such information. From time-to-time lovestrength would like to send you information about its products and services. If you register for lovestrength services, you are granting lovestrength permission to communicate with you by email. You can opt not to receive such information in the future by following the instructions below or in any e-mail that we send to you.
CHANGES AND OTHER AGREEMENTS.
lovestrength may revise this Agreement at any time, without notice to you, and you agree to be bound by any such revisions. It is your responsibility to visit the Terms and Conditions link at the bottom of the Website periodically to review the most current version of this Agreement. lovestrength may also offer other services that may be governed by different or additional terms and conditions, which are incorporated herein by reference.
VALIDITY AND ENFORCEABILITY.
You agree to be bound by this Agreement and any affirmation, assent or agreement you transmit through the Website, including any consent to receipt of communications through electronic transmission. You agree that, when you click on an "I Agree" or other similarly worded buttons or entry fields, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You agree not to contest the validity or enforceability of such agreement on the grounds that it is not in writing or that it does not contain an original signature. You agree that such agreement, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. You agree not to contest the admissibility of copies of such agreement under either the business records exception to the hearsay rule or the best evidence rule on the basis that the agreement was not originated or maintained in documentary form.
TERMINATION OF ACCESS OR SERVICES.
lovestrength reserves the right to modify, discontinue, or terminate your access to this Website or any portion of it, in its sole discretion, without notice and without limitation, for any reason whatsoever. lovestrength and the third party service providers shall have no liability to you for terminating your access to the Website; provided, however, that if such termination is without cause, lovestrength will refund the pro rata portion of any fee you may have paid for the portion of any service not furnished to you as of the date of termination. You agree that lovestrength will not be liable to you or to any third party for any modification, suspension or discontinuance of any service.
NO WARRANTY; DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY AND DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL LOVESTRENGTH BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE (OR ANY LINKED, HOSTED OR CO-LOCATED WEBSITES), OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES LOVESTRENGTH' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. LOVESTRENGTH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE, EXCEPT AS EXPRESSLY PROVIDED HEREIN. THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OUT-OF-DATE INFORMATION. NEITHER LOVESTRENGTH NOR THIRD PARTY SERVICE PROVIDERS GUARANTEE THE ACCURACY, QUALITY, TIMELINESS, AND COMPLETENESS OR CORRECT SEQUENCING OF THE INFORMATION OR WARRANT ANY RESULTS FROM USE OF THE INFORMATION. YOU ACKNOWLEDGE THAT NEITHER LOVESTRENGTH NOR THIRD PARTY SERVICE PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ACTION OR INACTION WITH RESPECT TO INFORMATION, CONTENT, OR CHANGES IN THE WEBSITE.
AS A CONDITION TO ACCESSING AND USING THIS WEBSITE AND/OR SERVICES, YOU EXPRESSLY AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST LOVESTRENGTH ANY THIRD PARTY PROVIDERS OR ANY OTHER PERSONS INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING ANY SERVICES ON THE WEBSITE OR THROUGH LOVESTRENGTH. LOVESTRENGTH, ANY THIRD PARTY PROVIDERS, AND ANY OTHER PERSON INVOLVED IN TRANSMITTING INFORMATION THROUGH THE WEBSITE WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH THAT ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES; TELEPHONE OR OTHER INTERCONNECT PROBLEMS; BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE; THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS; PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK; PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES; PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE; OR UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES. IN ADDITION, LOVESTRENGTH IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE WEBSITE OR OUR SERVICES.
You agree to defend, indemnify and hold harmless lovestrength, Third Party Providers, and each of their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney fees that arise from your use of the Website or Services. lovestrength reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter. You agree that no joint venture, partnership, employment or agency relationship exists between you and lovestrength as a result of this Agreement or your use of the Website or the Services.
lovestrength may provide links to other websites as part of our Services. lovestrength does not control these other websites, is not responsible for them, and makes no representations as to their availability, accuracy, content, quality, nature and copyright compliance or any viruses accessed through them. The fact that lovestrength provides any such links is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and lovestrength cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU HOLD LOVESTRENGTH LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OTHER WEBSITES. In addition, you may not link this Website or any of its web pages, services, information, content, Third Party Information, or web pages of any Third Party Provider, or licensors or affiliates of lovestrength, to your website or any website of any other party.
This Agreement represents the entire binding agreement between us, and our respective successors and assigns, and supersedes any and all prior understandings, statements or representations, whether electronic, oral or written, regarding lovestrength, the Website or the information thereon. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. You acknowledge that, in providing you with access to the Website and Services, lovestrength has relied upon your consent to be bound by the terms of this Agreement and any user or license agreement(s) related to or accompanying the Website and Services. You further acknowledge that you have read, understand and agree to be bound by the terms of this Agreement or any other agreement with lovestrength that applies to your use of the Website and our Services, as currently in effect and as amended from time to time. This Agreement, and all future agreements you shall enter into with lovestrength, unless otherwise indicated, shall be governed by the laws of the state of California, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with lovestrength in California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within San Diego, California. This Website is controlled, operated and administered from the United States of America. lovestrength makes no representation that the information on the Website or services is appropriate, available or legal for use outside the United States. You may not use the Website or our Services or export the same from or through this Website in violation of U.S. export laws and regulations. If you access this Website from a location outside the United States, you are solely responsible for compliance with local laws. Any provision of this Agreement that is determined to be invalid or unenforceable will be ineffective to the extent of such determination without invalidating the remaining provision of this Agreement or affecting the validity or enforceability of such remaining provisions. lovestrength shall not be liable for any failure to perform its obligations in connection with any services or access to the Website, where such failure results from any act of God or other cause beyond its’ reasonable control (including, without limitation, any mechanical, electronic or communications failure) which prevents such party from transmitting or receiving any documents, accessing information, Services or the Website. Headings or titles of the provisions hereof are for convenience only and shall have no effect on the provisions of this Agreement.
CONSENT TO E-MAIL COMMUNICATIONS AND OPTING OUT.
By accessing the Website or services, you are consenting to the receipt of electronic mail (“e-mail”) from lovestrength. lovestrength may send you e-mail about services, products it believes may be of interest to you, your account, including regulatory communications and or legal notices. You may opt-out of future email communication regarding products and services by clicking Opt-Out below or by following instructions contained in any e-mail that you receive from us, however, lovestrength reserves the right to e-mail you, and you consent to receive via e-mail, important information relating to regulatory communications and or legal notices.