USER TERMS OF USE


IMPORTANT: THESE TERMS REQUIRE BINDING ARBITRATION AND WAIVE CLASS ACTION RIGHTS.

1. Site and Services. The Love Help App Inc., dba Love Help ["Love Help"] allows a user ["you" or "User"] to ask health and wellness questions to be answered for informational purposes by expert community participating Love Gurus [the "Services"] via our website and digital app [collectively the "Site"].

In order to access our Site you must set up a user account with The Love Help App Inc. [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"]. THESE ARE LEGALLY BINDING AND SHOULD BE READ CAREFULLY BY YOU. By using the Site or the Services you agree to review these Terms regularly and understand you must 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 The Love Help App Inc. 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 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. The Love Help App Inc. 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 The Love Help App Inc. 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’s Services 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 The Love Help App Inc. or third parties' affiliates, or any software or code relating to the Site or Services without obtaining permission.

Prohibited Content
Users may not upload, post, transmit, or distribute any content that is unlawful, abusive, sexually explicit, exploitative, defamatory, threatening, or otherwise inappropriate. The Love Help App Inc. maintains a zero-tolerance policy for illegal or harmful content.

Accounts that violate this policy may be restricted, suspended, or permanently removed at the sole discretion of Love Help

User-Generated Content; Platform Status
The Love Help App Inc. provides an interactive computer service that enables users to post, submit, transmit, display, and exchange information, content, messages, opinions, and other materials (“User Content”).
You acknowledge and agree that:
• All User Content is solely the responsibility of the individual user who originated such content.
• Love Help does not create, develop, endorse, verify, adopt, or guarantee the accuracy of any User Content.
• Love Help is not the publisher or speaker of any User Content.
• Love Help does not assume any obligation to review, monitor, screen, edit, or remove User Content.
• Love Help may, but has no obligation to, remove or restrict access to any User Content at its sole discretion.
To the fullest extent permitted by applicable law, Love Help shall be entitled to all protections afforded to providers of interactive computer services under Section 230 of the Communications Decency Act (47 U.S.C. § 230) and similar state or federal laws. Love Help shall not be treated as the publisher or speaker of any information provided by another information content provider.
Platform Role Limitation
Love Help provides the technical platform and infrastructure for users to communicate. Love Help does not select, modify, create, or materially contribute to the development of User Content.
No Reliance on User Content
User Content includes opinions and statements made by other users and Moderators. You agree that you will not rely on any User Content as a substitute for advice from qualified medical and/or mental health professionals. Love Help does not endorse, verify, guarantee, or assume responsibility for any User Content, and makes no representations regarding its accuracy, completeness, or usefulness.
No Duty to Monitor
Love Help has no obligation to monitor, screen, review, or remove User Content and assumes no responsibility for user conduct or interactions, whether online or offline. Love Help does not guarantee that any User Content will be reviewed, removed, or responded to.
User Interactions
You are solely responsible for your interactions with other users. Love Help makes no representations or warranties regarding user behavior and shall not be liable for any disputes, claims, or damages arising from user-to-user interactions.

Content Removal; Good Faith Moderation
Love Help may (but has no obligation to) remove, restrict, disable access to, or preserve User Content at any time, with or without notice, for any reason, including to enforce these Terms, comply with law, or protect the Services or users. Any moderation actions are undertaken in good faith and do not create any duty to monitor, remove, or police content. Users remain solely responsible for their User Content.
No Endorsement
Love Help does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services. Any opinions expressed by users are their own and do not reflect the views of Love Help.


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 The Love Help App Inc. 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’s 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 The Love Help App Inc.

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"; No Professional Services
Moderators and community contributors are independent users of the platform and are not employees, agents, or representatives of Love Help. Love Help Moderators and community contributors participate as independent users of the platform and do not provide counseling, therapy, or licensed professional services.

The platform provides peer discussion, educational information, and community interaction only. Love Help does not provide medical advice, psychological counseling, therapy, legal advice, or any other licensed professional service.

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, THE LOVE HELP APP INC., 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. Waiver and Release. This waiver and release applies to claims arising from User Content, reliance on advice or opinions, user-to-user interactions, and any communications or conduct occurring through the Services. You hereby agree to waive any rights of recovery, under any theory of law, that you may have against The Love Help App Inc. 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.

15. Indemnification. 
You agree to indemnify, defend, and hold harmless The Love Help App Inc., its shareholders, officers, directors, employees, agents, independent contractors, affiliates, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
• Your use of the Site or Services;
• Your User Content;
• Your interactions with other users;
• Any alleged reliance on advice, opinions, or content obtained through the Services;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your infringement or alleged infringement of any third-party rights.
This indemnification obligation shall survive termination of your User Account and use of the Services.


16. Choice of Law. Subject to the Binding Arbitration provision set forth in Section 21 below, these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Love Help makes no representation that the Site or Services comply with the laws of any jurisdiction outside the State of New York.

17. 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.

18. 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.

19. 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.

20. Binding Arbitration; Class Action Waiver; Jury Trial Waiver. Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, User Content, user interactions, or any relationship between you and Love Help (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration.
Arbitration Agreement. You and Love Help agree that any Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, except as modified herein. Arbitration shall take place in Queens County, New York, or may be conducted remotely at the discretion of The Love Help App Inc. The arbitration shall be conducted before a single arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. Judgment on the arbitration award may be entered in any court having jurisdiction. The parties waive any right to a jury trial and agree that all disputes shall be resolved on an individual basis and not as part of any class, collective, or representative action. The party initiating the arbitration shall be responsible for payment of the arbitration filing fees and all periodic costs of arbitration, but the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees.
Waiver of Jury Trial. YOU AND LOVE HELP EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
 
Class Action Waiver. You agree that any arbitration or proceedings shall be conducted solely on an individual basis and not as part of any class, consolidated, representative, or collective action. The arbitrator shall have no authority to hear or arbitrate any class or representative action.
 
Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for qualifying claims.
Survival. This arbitration provision shall survive termination of your User Account, these Terms, or your relationship with Love Help.