Terms & Conditions
ATTENTION: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THIS WEBSITE. ACCESS OR USE OF THIS WEBSITE OR ITS CONTENTS FOR ANY PURPOSE BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED. By using the Website or Service, you represent and warrant that you are at least 18 years old.
By registering with Website, you become a Member (or a “Subscriber”), and you agree to be bound by the terms and conditions of this Agreement (the “Terms”) for as long as you continue to be a Member. Guests to the Website who do not register as a member also agree to be bound by these Terms. WHETHER OR NOT YOU ARE A GUEST OR REGISTERED USER OF LOVEABILITY.ORG, BY USING THE WEBSITE FOR ANY PURPOSE, INCLUDING THROUGH THE MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND TO THESE TERMS, DO NOT USE THE WEBSITE OR THE SERVICE.
“You” refers to the user of this website and its related services, including through a mobile application.
“User” collectively refers to either a Guest or Subscriber on our website or mobile application.
“Guest” refers to a user who browses our Website but is not registered
“Member” is any registered user that then falls under one of the following two categories:
- “Non-Subscribing Member” is a registered user without an active free trial or active paid subscription
- “Subscriber” is a registered user with an active free trial or active paid subscription who can use all features of our Service.
“Post” or “Posting” is any text, photos or videos uploaded by a Subscriber through our Website or Mobile Application
“Profile” is a constructed presentation of a Subscriber’s self that may contain text, photos or videos uploaded by a Subscriber through our Website of Mobile Application.
“Profits” refers to LoveAbility’s Net Income After Taxes (NIAT)
1.1 BY ACCESSING ANY PART OF THE WEBSITE, YOU SHALL BE DEEMED TO HAVE ACCEPTED THE TERMS IN FULL. You accept that this Agreement is an electronic contract and you consent to have this Agreement and all notices provided to you in electronic form. If you do not accept these Terms in full, you must leave the Website immediately.
1.2 The Company makes no guarantee that the Website will be secure, continuously accessible – without interruption or delay – and completely error-free 100% of the time. The Company accepts no liability or responsibility for any breaches of security, interruptions or delays, or errors, which you might experience on the Website other than as set out in these Terms. The Company does not warrant that any defects or errors on the Website will be corrected, even if the Company is aware of the issue(s).
1.3 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
1.4 The Company reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any modification or withdrawal of the Website.
- OUR RIGHTS
2.1 We reserve the right at any time to:
2.1.1 Change the terms and conditions of the Agreement;
2.1.2 Change the Website, including eliminating or discontinuing any content on or feature of the Website; or
2.1.3 Change any subscription fees or charges for using the Website.
2.2. For Guests and Non-Subscribing Members, any changes we make will be effective immediately upon posting, which we may provide by means including, without limitation, posting on the Website or email. Your use of the Website after such posting will be deemed acceptance of the changes. For Subscribers, the then-existing Terms at the time of the change will still govern your account until your subscription is renewed the following pay period, automatically or otherwise, at which time the revised Agreement will then take effect. If you continue your subscription or cancel your subscription and continue to use the Website as a Guest, your renewal or use will constitute your acceptance of the revised Agreement. Be sure to review this Agreement periodically to ensure familiarity with the most current version.
- REGISTRATION & TERMINATION
3.1 To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (“Registration Data”), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Service.
3.2 By using the Website or Service, you represent and warrant that you are at least 18 years old, which is the minimum required age to use this Website or Service for any purpose. However, we cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of these Terms.
3.3 You may terminate your Membership at any time, for any or no reason, and without explanation, effective upon either using your Account Settings to close your account or sending a written request through the Website’s Contact Us form or by emailing contact@LoveAbility.org. You acknowledge and accept that it may take up to 7 business days to close your account and to remove your profile from the view of other users. All Subscribership fees paid are non-refundable.
3.4 We reserve the right in our sole discretion to immediately suspend or terminate your access to the Service, without notice, for any or no reason, and without explanation. If your suspension or termination is due to a breach of this Agreement, you agree that all fees paid or agreed to be paid to the Company at that time are forfeited, nonrefundable and/or still due. Following any suspension or termination, you accept that the Company may deem it necessary in its own discretion and is entitled to send notice to other Registered Users with whom the offending Registered User has corresponded.
3.5 By using our Website or Service, you represent and warrant that you have never been convicted of a felony and/or you are not required to register as a sex offender with any government entity. By using the Website or Service, you acknowledge and accept the Company DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS.
- USE OF WEBSITE
4.1 Your use of the Website and Service is for your sole, personal use and cannot be used in any way for commercial purposes. You may not authorize others to use your Membership, and you may not assign or otherwise transfer your account to any other person or entity. YOU ACCEPT SOLE RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.
4.2 As part of the registration process, you will be asked to select a username and password. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available under your Account options, and immediately notify us by emailing us. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT and for restricting access to Your computer to prevent unauthorized access following registration.
4.3 MEMBER INTERACTIONS & SAFETY
4.3.a You are solely responsible for your interactions with other members. You understand that THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS, DOES NOT SCREEN ITS USERS, AND DOES NOT VERIFY ANY STATEMENTS OF ITS USERS. The Company, however, does reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches) at any time and using available public records.
4.3.b THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND YOU ASSUME ALL RISK WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS. IN NO EVENT SHALL THE COMPANY BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE AND SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICE.
4.3.c YOU AGREE TO READ THE COMPANY’S SAFETY TIPS, AVAILABLE ON THE WEBSITE, PRIOR TO USING THE SERVICE AND AGREE TO FOLLOW ITS RECOMMENDATIONS. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, ESPECIALLY IF YOU DECIDE TO COMMUNICATE OFF THE WEBSITE OR TO MEET IN PERSON. WE STRONGLY DISCOURAGE YOU FROM PROVIDING ANY FINANCIAL INFORMATION, WIRING OR SENDING MONEY TO OTHER USERS.
- MEMBERSHIP & SUBSCRIBERSHIP
5.1 By registering your email address, you become a Member. To access and use all of the Website’s and Service’s features, including the communication feature, you must complete the registration process by signing up for the free trial or becoming a subscriber.
5.2 SUBSCRIPTION CHARGES AND BILLING
5.2.1 The Subscription is offered as one, month-to-month plan and grants every subscriber full access to all features.
5.2.2 Until canceled by you, your subscription will continue indefinitely and AT THE END OF EACH MONTH-LONG CYCLE IT WILL AUTOMATICALLY RENEW at the price you agreed to when subscribing. The month-to-month cycle begins the day after the last day of your free trial and will renew on that day of every month thereafter until canceled by you. By subscribing, you authorize the Company to charge your chosen payment method at the time of subscribing AND again at the beginning of any subsequent subscription cycles. If you do not want your subscription to automatically renew or you wish to change or terminate your subscription, you may do so through your “Account” page on your profile or by contacting us through the Website’s Contact Us form or by emailing contact@LoveAbility.org. Please see 5.2.4 below for further information concerning Cancellation of Subscription.
5.2.3 If you attempt a payment reversal with your payment method, the Company can immediately terminate your account and may choose not to reinstate your account or subscription, even if the Company successfully disputes the reversal and the funds are returned.
5.2.4 CANCELLATION OF SUBSCRIPTION
5.3.4a You must cancel your subscription prior to the last day of your subscription period in order to not be automatically renewed and charged for the next month. If you cancel your subscription prior to the last day of your subscription cycle, you will still be able to use all subscription features until the end of that subscription cycle, after which your subscription will not renew and your benefits will expire. Your profile will be deactivated and removed from the site at the end of that subscription cycle. In no event will you be eligible for a refund of any portion of the subscription fees paid.
5.3.4b If you cancel your subscription prior to the last day of your subscription cycle, but you want your profile deactivated and removed immediately, you must email us using our contact form or contact@LoveAbility.org. You understand it may take up to 5 business days to process your request and to remove your profile.
5.3.4c If a subscription payment does not process due to change of billing information or any other reason, you risk your account being deactivated and eventually deleted. It is your responsibility to keep your billing method accurate and up to date.
5.3.4d Cancelling your subscription deactivates your account but does not delete it from our system. Your profile and information will no longer be found or viewable on the website but your account and its profile will be safely stored in our system in case you wish to reactivate it within a certain time period. If you would like your account to be permanently deleted, you must email us at contact@LoveAbility.org or submit a Contact Us form through the website. You understand that by permanently deleting your account, all pictures, messages, favorites, etc will be permanently deleted and will be unrecoverable.
5.3.6 SPECIAL STATES TERMS
If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the following provisions are added to this Agreement: YOU, THE BUYER, MAY CANCEL THIS AGREEMENT, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE ORIGINAL DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. To cancel this agreement, email a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to email@example.com. If you send or deliver the notice to cancel your subscription agreement within the three-day period, the Company will return, within ten days of the date on which you give notice of cancellation, any payments you have made. To avoid possible delay, please include your LoveAbility.org username and email address in any correspondence.
IN THE EVENT THAT YOU DIE OR ARE UNABLE TO USE OUR SERVICE DUE TO THE ONSET OF A DISABILITY (THE CONDITION MUST BE VERIFIED IN WRITING BY A PHYSICIAN) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU OR YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT MADE AFTER YOUR DEATH OR DISABLED CONDITION OCCURRED AND/OR FORGIVENESS OF ANY REMAINING BALANCE OF THE SUBSCRIPTION PERIOD. To receive such refund, you must provide LoveAbility written notice at the same address above and must include proof of death or disability. Please include your LoveAbility.org username and email address in any correspondence or your refund may be delayed.
- ONLINE CONDUCT
6.1 The Company reserves the right, but has no obligation, to monitor and remove any and all information and material you post on the Website that the Company determines in its sole opinion is inappropriate or unwelcome. The Company also reserves the right to delete any content upon the request of a third party, granted in the Company’s sole discretion. You hereby agree that:
6.1.1 You are solely responsible for the content or information you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
6.1.2 You will not post on the Service, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
6.1.3 You will use the Service in a manner consistent with any and all applicable laws and regulations.
6.1.4 You acknowledge and accept that the following prohibitions are not an exhaustive list and do not limit the Company’s right to decide in its sole discretion what content and conduct are unacceptable. The following is prohibited:
(a) You will not impersonate any person or entity;
(b) You will not stalk, annoy, threaten, intimidate or otherwise harass any User or Company employee or agent
(c) You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members;
(d) You will not express or imply that any statements you make are endorsed by the Company, without our specific prior written consent;
(e) You will not harvest or collect personal information about other members whether or not for commercial purposes, without their express consent;
(f) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
(g) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
(h) You will not remove any copyright, trademark or other proprietary rights notices contained in the Website;
(i) You will not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website;
(j) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
(l) You will not “frame” or “mirror” any part of the Website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to Website or the Service or the Website in order to direct any person to any other Web Website for any purpose;
(m) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so;
(n) You will not promote racism, bigotry, hatred or physical harm of any kind against a group or individual;
(o) You will not request money from other Users;
(q) You will not post any content or material that the Company in its sole discretion deems excessively sexual, revealing, crude, or otherwise objectionable;
(r) You will not post photographs, videos, audio, or images of another person without his or her permission or, in the case of a minor, the minor’s legal guardian;
(s) You will not provide instructional information about illegal activities such as making or buying illegal drugs or weapons, violating someone’s privacy, or creating or distributing computer viruses;
(t) You will not “Troll”, Spam, or other actions intended to annoy or interfere with others’ enjoyment of the Website;
(u) You will not include in your profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive references, or offensive language, or any confidential information of any third person, and you will not post any photographs or other images containing personal information.
6.1.4 You are solely responsible for your interactions with other Members. Website reserves the right, but has no obligation, to monitor disputes between you and other Members;
6.1.5 The Company may restrict the number of communications and/or winks that a User may send in a 24-hour period to a number that it deems, in its sole discretion, appropriate.
- INDEMNITY BY MEMBER
7.1 You agree to indemnify, defend and hold harmless the Company against all claims, expenses and costs (including legal costs) incurred or suffered by us as a result of or in connection with (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iii) your violation of any applicable laws, rules or regulations, and/or (iv) your activities in connection with the Website unless as a result of your compliance with our requirements. You shall fully cooperate with the Company in the defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
- ONLINE CONTENT
8.1 Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective member-author and not of Website, and should not be relied upon. Such Members are solely responsible for such content. We do not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Website be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to Members.
8.2 The Website may contain links to other websites or resources operated by parties other than the Company. The Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such Websites or such content or other information.
8.3 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave the Website. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
- WARNING – PLEASE READ:
9.1 It is possible that other Members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you may disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
9.2 The Company reserves the right, but has no obligation, to monitor the materials posted in any area of the Service. The Company shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of The Company, you remain solely responsible for the content of the materials you post in any area of the Service and your private email messages. Emails sent between you and other members that are not readily accessible to the general public will be treated as private by The Company to the extent required by applicable law and pursuant to the commercially reasonable efforts of The Company.
- PROPRIETARY RIGHTS
10.1 The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Services and the Website is the exclusive property of the Company.
10.2 Any content contained in sponsor advertisements or any information presented to you through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
10.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by the Company. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
10.4 By posting information or content to any area of Website, you automatically grant, and you represent and warrant that you have the right to grant, to Website and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
10.6 We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Website without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:
10.6.1 A description of the copyrighted work that you claim has been infringed;
10.6.2 Details of where the infringing material is located on the Website;
10.6.3 Your address, telephone number and email address;
10.6.4 A statement by you that you believe in good faith that the use of the work on the Website is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and
10.6.5 An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf;
10.6.6 Submit the above information by email to LoveAbility RE: Copyright Infringement at firstname.lastname@example.org.
- INFORMATION SUPPLIED BY MEMBER
11.3 LoveAbility does not sell, rent, or lease our member lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless compelled to do so by law.
- DISCLAIMER OF WARRANTY
12.1 By entering the Website you agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.
12.2 The Company will not be liable or responsible for any damage or loss caused as a result of your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
12.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. Website PROVIDES THE SERVICE AND THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH THE WEBSITE OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN). THE WEBSITE SPECIFICALLY DISCLAIMS WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE WEBSITE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.
12.4 The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, including but not limited to the Blogs, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions you may wish to make. Instead, you should consult an appropriate professional in order to obtain specific advice tailored to your situation.
12.5 Material on the Website may be susceptible to data corruption, interception and unauthorized amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
12.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to your computer equipment, software, data or other property as the result of your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
12.7 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by you. The Company will not be held liable or responsible for any damage to your computer equipment, software, data or other property as the result of your access to, use of, or browsing of any material on the Website.
12.8 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall be responsible for all costs thereof.
12.9 Nothing in these Terms shall exclude any liability of the Company, which cannot be excluded or limited under applicable law.
12.11 LoveAbility makes no representations or warranties as to a user’s compatibility with any current or future members.
- LIMITATION OF LIABILITY
13.1 Website NOT BE LIABLE TO YOU FOR ANY indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND ACCEPT THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE WEBSITE AND SERVICE DURING THE TERM OF YOUR MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
13.2 In addition, Website disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or Users of the Service, including, but not limited to, unauthorized users (or “hackers”), users who registered under false pretenses, and users who attempt to defraud or harm you. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND YOU ASSUME ALL RISK WHEN USING THE SERVICE OR ENGAGING IN ACTIVITIES IN CONNECTION TO USING THE SERVICE, INCLUDING BUT NOT LIMITED TO OFFLINE INTERACTIONS WITH OTHERS. IN NO EVENT, SHALL THE COMPANY BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, ARISING OUT OF OR RELATING TO THE CONDUCT, COMMUNICATION, OR MEETINGS OF YOU OR ANYONE ELSE IN THE CONNECTION WITH THE USE OF THE WEBSITE AND SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES.
13.3 We shall have no liability to you for any failure to provide the Services to you if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
13.4 Although we have limited our liability in this Clause 13, nothing in these Terms limits our liability for death or personal injury caused by our negligence and nothing affects your legal rights.
14.1 To resolve a complaint regarding the Service or the Website, you should contact Website Customer Support using the Contact form on the Website or by emailing contact@LoveAbility.org
15.1 If any part of this Agreement is held invalid or unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other part of this Agreement will not be affected. The invalid or unenforceable provision will be excised to the minimum extent necessary and the remainder of this Agreement will otherwise remain in full force and effect.
15.2 The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
- CHARITABLE DONATIONS
17.1 LoveAbility is a for-profit business. You acknowledge that we are not a 501(c)3 non-profit or charity organization and are therefore not regulated as such by the IRS.
17.2 The Company commits to donate half (50%) of its Profits to various charities, organizations, families and/or individuals within the disabled community. YOU ACKNOWLEDGE AND ACCEPT THAT “PROFITS” REFERS TO THE COMPANY’S NET INCOME AFTER TAXES (NIAT), WHICH IS UNDERSTOOD AS THE NUMBER OF SALES DOLLARS REMAINING AFTER ALL OPERATING EXPENSES, INTEREST, DEPRECIATION, TAXES AND PREFERRED STOCK DIVIDENDS HAVE BEEN DEDUCTED FROM THE COMPANY’S TOTAL REVENUE.
17.3 The Company reserves the right to choose the recipients and the case-by-case value of its charitable donations in our sole discretion. LoveAbility also reserves the right to change the committed percentage of Profits to donate at any time for any or no reason, with or without notice, and any change will not in any event qualify Users for a refund or early termination of a subscription.
17.4 ONLY SUBSCRIBERS ARE ABLE TO CAST VOTES IN POLLS AND NOMINATE RECIPIENTS FOR THE COMPANY’S CHARITABLE GIVING. The Company reserves the right to edit, cancel or reset polls for any or no reason, with or without notice. You acknowledge and accept that submitting a nomination does not guarantee a donation for your nominee and that the Company selects recipients from nominations in its sole discretion. You also accept that not all recipients are chosen from nominations and polls and the Company may choose recipients without any input from the Members.
- ARBITRATION, GOVERNING LAW & CLASS ACTION WAIVER
18.1 Arbitration is the submission of a dispute to an unbiased, neutral third person (an arbitrator) who makes a binding decision after both parties have an opportunity to be heard. The arbitrator can grant any relief that a court can, but the proceedings are designed to be simpler and quicker than litigation.
18.2 Pre-Arbitration Dispute Resolution: The parties hereto shall attempt to resolve any dispute, controversy, difference or claim arising out of or relating to this Agreement by negotiation in good faith. You must contact the Company to explain your complaint to allow the Company the chance to resolve it prior to commencing arbitration. You must provide your name, your LoveAbility.org username, your address, a written description of the dispute and a description of the specific relief you seek. Email the information to LoveAbility RE: Arbitration at email@example.com.
18.3 If, notwithstanding, such dispute cannot be resolved, the exclusive means of resolving such dispute shall be BINDING ARBITRATION administered by the America Arbitration Association (“AAA”) under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is your right to bring an individual claim against the Company in a small-claims court of competent jurisdiction.
18.4 Whether you choose small-claims court or arbitration, you may not under any circumstances commence or maintain against the Company any class action, class arbitration or other representative action or proceeding.
18.5 BY USING THE WEBSITE OR THE SERVICE FOR ANY PURPOSE, YOU AGREE TO THIS ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND THE COMPANY (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, SHALL DETERMINE YOUR RIGHTS AND MAKE A DECISION ON ALL ISSUES OF THE ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING BEFORE THE ARBITRATOR.
18.6 ARBITRATION PROCEDURE
18.6.1 To commence any such arbitration proceeding, the party commencing the arbitration must provide the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event, shall this notice for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. The arbitration will be conducted by a single neutral arbitrator and in accordance with the then-current Consumer Arbitration Rules of the American Arbitration Association (AAA). The parties are entitled to representation by an attorney or other representative of their choosing. The arbitrator shall have the power to enter any award that could be entered by a judge of the trial court. You may initiate arbitration in either Orange County, CA or in the federal judicial district that includes your address that you provided in the Pre-Arbitration Dispute Resolution process. The award shall be binding and the Parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Responsibility of Fees is as outlined in the Consumer’s Abritration Rule’s Costs of Arbitration.
18.6.2 Please visit AAA’s website at http://www.adr.org for more information and read AAA’s Consumer Arbitration Rules found on their website.
18.7 If any clause within this Arbitration Agreement is found unenforceable or invalid, that clause shall be eliminated to the minimum extent necessary and the remainder of this Arbitration Agreement shall otherwise remain in full force and effect.
18.8 This Arbitration Agreement shall survive the termination of your account with the Company and your use of the Website and Service.
18.9 This Agreement, and any dispute between you and the Company, shall be governed by, and construed in accordance with, the laws of the state of Texas without regard to conflict of laws principles, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- GENERAL PROVISIONS
19.1 The Company may assign the Agreement or subcontract any or all of its rights and obligations under the Agreement. You may not assign, transfer, charge or deal in any other manner with the Agreement or any of its rights under it without the prior written consent of the Website.
19.2 The Agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of Website.
19.3 Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.
19.4 When you register to become a Member, you consent to receive email messages from the Company. These emails may be, but not limited to, transactional, administrative, promotional or informational.
19.5 The Company may occasionally create test profiles for the purpose of testing and improving the functionality of our Service. These test profiles will always be few in number and will be removed from the Website once testing purposes are complete. The Company will not employ mass fake profiles for the purpose of boosting numbers.
19.4 Unless otherwise explicitly stated, the Terms will survive termination of your Membership to the Service.
19.5 The Member certifies that the Member has read and agrees to be bound by these Website Terms and Conditions.
This Agreement was last revised on February 10, 2019. If you have any questions or concerns regarding this Agreement, please Contact Us.