USER TERMS OF USE
1. Site and Services. Millennial Minded Inc., dba Love Help ["Love Help"] allows a user ["you" or "User"] to ask questions to be answered [the "Services"] via our website [the "Site"].
In order to access our Site you must set up a Love Help account [the "User Account"] and by use of your User Account and accessing and using our Site and Services, you agree to the following terms and conditions and any policies, guidelines or amendments thereto that may be presented to you from time to time [collectively, the "Terms"]. You agree to review these Terms regularly and that you will immediately stop being a User of our Services if at any time you do not agree with these Terms or any modifications thereof. We expressly reserve the right to change these Terms at any time for whatever reason. Love Help reserves the right to refuse any User for any reason.
2. User Account Setup. After setting up your User Account as directed by the instructions on our Site you will be granted access the discussion board [the "Discussion Board"] where open dialogue can occur, including, but not limited to, dialogue from Love Help moderators [the "Love Help Moderators"] and with fellow Users. Certain features on our Site will require payment on a subscription-based model allowing you access to various features each month. There will be no refunds of any payments unless otherwise indicated by Love Help. You are responsible for all payments and in the event of any chargeback or other non-acceptance of your payment method, you will have full liability for the payments and any and all associated fees.
3. Term. These Terms are effective on the date in which you first create your User Account and will remain in effect until you deactivate your User Account or if Love Help cancels your User Account. Any clauses that would naturally survive deactivation or cancellation shall survive.
4. Notices & Electronic Communications. Notices, if any, will be made to User via posting information on the Site or via the email address associated with your User Account. You acknowledge that communications between the parties are often by electronic means. For contractual purposes, you hereby (a) consent to receive communications from Love Help in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Love Help provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. Any notice required or permitted hereunder shall be provided in writing, and shall be deemed delivered when (a) delivered by electronic mail to the then-current e-mail address in your User Account, or (b) regardless of whether or not actually received, when deposited in (i) the United States mail, postage prepaid, certified mail, return receipt requested, or (ii) a regional or national overnight courier service, addressed to the applicable party at the address set forth in your case, in your User Account, and, in our case, the address listed herein.
5. User Responsibility for User Account. You understand and agree that you are solely responsible for all activities that occur under your User Account and for maintaining the confidentiality and privacy of your password. You agree to accept responsibility for any activities that result from unauthorized use of your User Account. You understand and agree that Love Help will not be held liable for any loss or damage arising from your failure to manage your User Account or any errors or omissions therein. Love Help reserves the right to refuse use of our Services and/or access to our Site to you at any time whatsoever without notice for any reason.
6. Use of Site. You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms. You are solely responsible for any material provided by you through your User Account on our Site and agree that any liability or harm resulting therefrom is solely your liability, and you will indemnify and hold harmless Love Help. You warrant that material, if any, posted by you on our Site is your own content, or that you have express permission to use said content, and said content does not infringe upon any third parties' rights. You warrant that the content posted has no viruses or any other harmful components, is not spam and does not violate the law in any way. You will not post anything harmful, violent, illegal or otherwise offensive. If any party believes that any content on or linked to by Love Help violates their copyright ownership, they are encouraged to notify Love Help in accordance with the protocols of the Digital Millennium Copyright Act ("DMCA"). We will respond to all notices, including as required or appropriate by removing any infringing material. You are granted a limited, non-exclusive, non-transferable, revocable right to use Love Help strictly in accordance with these Terms of Use. You warrant that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Nothing herein should be construed as granting any license or right to use any intellectual property, including trademarks, service marks, logos, slogans or taglines, belonging to Love Help or third parties' affiliates, or any software or code relating to the Site or Services without obtaining permission.
7. Content. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", "scrape", or in any way reproduce or circumvent the navigational structure of the Site or its contents. You will not interfere with or disrupt our Site's services, or the servers or networks connected to our services or the Site. You will not attempt to recreate any part of the Site. You will not modify, copy, distribute, adapt, frame, reproduce, republish, download, display, post, transmit, sell or reverse engineer, in any form or by any means, any content, in whole or in part, found on this Site without permission. You hereby grant Love Help a non-exclusive, worldwide, transferable, irrevocable, perpetual and sub-licensable license to use, copy, distribute, display and perform any trademarks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials that you provide to Love Help in your User Account in any and all media or formats.
8. Privacy Policy. You have read and agreed to Love Help privacy policy [the "Privacy Policy"] which is incorporated herein. In the event that the terms of the Privacy Policy and these Terms conflict, these Terms will be deemed overriding and binding to the extent they are in the favor of Love Help.
9. Independent Third Parties. You expressly agree that Love Help can market to you via our Site including marketing any third-party sites and any additional services or goods for purchase. You expressly agree and understand that Love Help does not own, represent, nor is partnered in any way with the Advertisers, companies or any other third-parties found on our Site and that any links to other websites ("Linked Sites").
10. Love Help "Moderators". You expressly understand that the Love Help "Moderators" are not employees of Love Help. You expressly agree and understand that use of the Site is at your own risk. Nothing herein shall be read to imply that the Love Help "Moderators" are experts, licensed, are providing any kind of therapy, psychology, counseling, mental health counseling, applied behavior analysis, psychoanalysis or any other service that would require a certification or license issued by an authorized governmental body in any state of the Unites States of America. Any advice or assistance given by the Love Help "Moderators" is meant for entertainment and opinion purposes only and is not meant to be guidance or binding, neither Love Help nor the Love Help "Moderators" will be liable or responsible in any way for any actions, failure to act, decisions, etc. you make based upon the "advice" given.
11. Intellectual Property. All copyrighted works, trademarks, service marks, trade dress or other intellectual property found in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or any other materials found on the Site (collectively, the "Contents") are owned, licensed by, used with permission, or otherwise lawfully used by Love Help. Love Help's Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Love Help or a subsidiary or partner thereof. Love Help does not intend to suggest any affiliation with or endorsement of any third party whose trademark or trade dress appears on our Site.
12. DISCLAIMER OF ALL WARRANTIES. ALL DATA AND INFORMATION FEATURED ON THIS SITE IS PROVIDED ON A STRICTLY "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, TRUTH, CURRENCY OR RELIABILITY.
IN PARTICULAR, LOVE HELP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN A POSITIVE OUTCOME, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES AND/OR CREATION OF A USER ACCOUNT WILL BE ACCURATE AND RELIABLE, AND (D) THAT DEFECTS IN THE OPERATIONS OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL NOT EXIST NOR BE FIXED.
13. Limitation of Liability. Love Help, its shareholders, owners, employees, subsidiaries, affiliates, etc. or its licensors shall not be liable for any direct, incidental, consequential, special, indirect or punitive damages arising out of your access, or any other party's access, to our Site and use of our Services. To the maximum extent allowed by applicable law, Love Help shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content on the Site or information flowing through our Site or use of its Services. You understand and agree that Love Help, its shareholders, owners, employees, subsidiaries, affiliates, etc., or licensors will not be liable for any damages to you, including, but not limited to, bodily injury; loss, theft or destruction of your personal property; other monetary losses; illness, incapacitation or death.
14. Assumption of Risk. You acknowledge that your use of our Site and Services is at your own risk. We are not responsible for any harm or damage, including, but not limited to, bodily injury; loss, theft or destruction of your personal property; other monetary losses; illness, emotional distress, incapacitation or death.
15. Waiver and Release. You hereby agree to waive any rights of recovery, under any theory of law, that you may have against Love Help and to release Love Help from any claim on account of your use of the Site or Services. Notwithstanding Love Help's express disclaimer of any liability, any actions brought against Love Help in connection with these Terms and Service must be commenced within one (1) year from the date of the incident or you expressly agree to waive your ability to bring an action. You expressly agree to waive any rights to a class action.
16. Indemnification. You agree to indemnify, defend, save and hold harmless Love Help, its shareholders, officers, directors, employees, agents, independent contractors and affiliates against any claim, loss, damage, cost or expense arising out of or in connection with your use of our Site or any breach by you of these Terms of Use or any representation or warranty made herein.
17. Choice of Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York and you agree to personal jurisdiction in the County of Nassau. Love Help makes no representation that this website will comply with the laws of other states and/or countries.
18. Transfer/Assignment. You agree that Love Help may assign or transfer its rights in this Site to a third party, including all of our rights and obligations with respect to you.
19. Severability. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.
20. Captions. The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of this Agreement.