Terms of Use for LuvWise.com

WELCOME TO THE LUVWISE.COM WEBSITE (“LUVWISE,” “WE” OR “US”).  THE FOLLOWING TERMS AND CONDITIONS TOGETHER WITH ANY DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE (COLLECTIVELY, THESE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF HTTPS://WWW.LUVWISE.COM, (THE “SITE”) INCLUDING ANY SERVICES, FEATURES, CONTENT, APPLICATIONS, FUNCTIONALITY OR WIDGETS OFFERED BY LUVWISE (COLLECTIVELY WITH THE SITE, THE “SERVICES”). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SITE. BY REGISTERING FOR AND/OR USING THE SITE OR SERVICES IN ANY MANNER OR BY CLICKING TO ACCEPT THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY.  INCORPORATED HEREIN BY REFERENCE AND EACH OF WHICH MAY BE UPDATED BY LUVWISE FROM TIME TO TIME WITHOUT NOTICE TO YOU.  IN ADDITION, USE OF THE SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS PROMULGATED BY LUVWISE FROM TIME TO TIME AND WILL BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE OR SERVICES, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE. 

Access.

Subject to these Terms of Use, LuvWise may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services LuvWise performs for you, any applications or widgets offered by LuvWise that you download from the Site or from third party application stores (e.g., iTunes® store, Blackberry App WorldTM, or Google Apps Marketplace or Google Play) authorized by LuvWise, as well as the offering of any materials displayed or performed on or through the Site or the Services (including Content (as defined below)). 

The Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

You are responsible for: 

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

Eligibility.

The Services are available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. LuvWise may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Definition of Services.

The Services allows you to take stock of your romantic relationships, learn more about relationships, and interact with Relationship Consultants to get advice and feedback. LuvWise does not provide mental health therapy or treatment. LuvWise enables you to communicate with Relationship Consultants and pay for services provided by such Relationship Consultants. LuvWise makes no representation or warranty whatsoever as to (a) the willingness or ability of any Relationship Consultant to give advice, (b) whether you shall find the advice given by such Relationship Consultant satisfactory, (c) whether the advice of the Relationship Consultant will provide an adequate solution to your situation, or (d) whether such advice will be suitable to your needs. LuvWise makes reasonable efforts to verify the skills, degrees, qualifications, credentials and background of any Relationship Consultants. However, you are encouraged to independently verify the skills, degrees, qualifications, credentials and background of the Relationship Consultants from whom you receive or contemplate to receive services.

LUVWISE DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY RELATIONSHIP CONSULTANTS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY RELATIONSHIP CONSULTANT. LUVWISE DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS RELATIONSHIP CONSULTANTS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY RELATIONSHIP CONSULTANT LISTING. LUVWISE WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY YOU ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY RELATIONSHIP CONSULTANT.

The information furnished to you by LuvWise’s Relationship Consultants is intended for general reference purpose only. Any consultation with Relationship Consultants via LuvWise cannot and does not replace a meeting with a mental health or medical professional. You are encouraged to verify the information furnished by Relationship Consultants. Any information on LuvWise and information furnished by any Relationship Consultant is not intended to offer a solution for a specific problem and must be considered as general in nature. You are liable for any reliance on such information.

Modification of Terms of Use.

LuvWise reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. LuvWise may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.

User Name and Password.

When you create and open an account with LuvWise, you will be asked to provide a user name (or Screen Name) and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify LuvWise of any unauthorized use of your password, user name, e-mail, or any other breach of security. LuvWise encourages you to change your password at least once a month. LuvWise is not liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by LuvWise due to someone else’s use of your account or password. LuvWise may, in appropriate circumstances and in its sole discretion, terminate the account or access of users who infringe the intellectual property rights of others.

Rules and Conduct.

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms of Use. The Services (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, answers to site quizzes and polls, information, data, text, articles, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by LuvWise or its partners on or through the Services. 
You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You represent and warrant that while you are using the Site you will agree to the following:

You will have the sole responsibility to verify the Relationship Consultant’s identity, qualifications, credentials, biographic information, licenses held, and other information delivered to you by a Relationship Consultant;

In addition, LuvWise cannot guarantee the identity, qualifications, credentials, biographic information and any of information regarding any of the Relationship Consultants;

LuvWise is not involved in any transactions between you and a Relationship Consultant. LuvWise does not control the quality, relevance or accuracy of the advice, whether the Relationship Consultant is qualified to provide the specific advice, whether the Relationship Consultant is categorized correctly or in the most appropriate category to provide the advice sought by you, the accuracy of any postings on the Site or any transmissions through it by you or any Relationship Consultants.

  • You agree that any information or content that you post, transmit or receive through the Services will not be considered confidential. You grant the Site an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
  • You consent to LuvWise collecting and processing any personal information pursuant to the terms of LuvWise’s Privacy Policy.
  • All interactions between you and any Relationship Consultant will be billed through LuvWise. You agree to (i) abide by the pricing terms agreed upon with any such Relationship Consultant while utilizing LuvWise and (ii) pay LuvWise for all services rendered to you by such Relationship Consultants;
  • You will not take any actions that may undermine, disrupt or manipulate the integrity of any feedback (rating) system on the Site. You will not interfere with or disrupt the LuvWise servers or networks connected to the Site;
  • You will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail," "spam," or any unsolicited mass distribution of email or bulletin board postings;
  • You will not transmit through the Services any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
  • You will not disobey or breach these Terms of Use or any other applicable instructions conveyed by LuvWise;
  • You will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
  • You will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
  • The Services enable the transfer of files between you and the Relationship Consultants. When opening any file attachments received from Relationship Consultants it is your responsibility to scan them with an anti-virus software application prior to opening them;
  • You will not impersonate any person or entity, or make any false statement regarding your employment, agency or affiliation with any person or entity;
  • You will not stalk, threaten or harass Relationship Consultants or other users or infringe upon or attempt to infringe upon the privacy of any Relationship Consultant or other user; and;
  • LuvWise may review your personal profile and amend any typing or spelling errors. LuvWise cannot and will not examine the validity or accuracy of the details in your personal profile or in any of your postings or transmissions. However, LuvWise may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by you. The foregoing notwithstanding, LuvWise may remove any content violating these Terms of Use. You will bear all the risks associated with the uploading and transmitting of material while utilizing LuvWise, including reliance on its accuracy, reliability or legality.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any user submission, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • you know is false, misleading, untruthful or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by LuvWise in its sole discretion;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  • involves commercial activities and/or sales without LuvWise’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of LuvWise or any third party; or
  • impersonates any person or entity, including any employee or representative of LuvWise.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by LuvWise in its sole discretion) an unreasonable or disproportionately large load on LuvWise’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures LuvWise may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Intellectual Property Rights.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by LuvWise, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows: 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If LuvWise provides desktop, mobile or other apps for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If LuvWise provides social media features on [Facebook, LinkedIn, Twitter, etc.] with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Site or provided through the Services is transferred to you, and all rights not expressly granted are reserved by LuvWise. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

User Submissions.

The Services provide you with the ability to post comments to the blog, record information about your own relationships, post your thoughts in an online journal, ask a LuvWise Relationship Consultant to review your entire account, and invite family and friends to give feedback about your relationship, etc.  By Submitting User Submissions on the Site or otherwise through the Services, you:

  • acknowledge that you are publishing that User Submission, and that you may be identified publicly by your User Name in association with any such User Submission; 
  • hereby do and shall grant LuvWise a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and LuvWise’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Site and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to LuvWise does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  • represent and warrant, and can demonstrate to LuvWise’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to LuvWise and all users of the Services;
  • agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Services;
  • represent and warrant that the use or other exploitation of such User Submissions by LuvWise and use or other exploitation by users of the Services as contemplated by these Terms of Use will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  • understand that LuvWise shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that LuvWise will not be liable for any errors or omissions in any content; and that LuvWise cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. 

LuvWise does not endorse and has no control over any User Submission. LuvWise cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 

LuvWise does not guarantee that any Content or User Submissions will be made available on the Site or through the Services. LuvWise has no obligation to monitor the Site, Services, Content, or User Submissions. However, LuvWise reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if LuvWise is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Services.

Registration.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Services, you are required to register with LuvWise and provide LuvWise with accurate, truthful, and complete registration information (including, but not limited to your name (“User Name”), e-mail address and a password you will use to access the Services) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your LuvWise account. 

You shall not:

  • provide any false personal information to LuvWise or create any account for anyone other than yourself without permission;
  • use a User Name or ”Screen Name” that is the name of another person with the intent to impersonate that person;
  • use a User Name or “Screen Name” that is subject to any rights of a person other than you without appropriate authorization; or
  • use a User Name or “Screen Name” that is a name that is otherwise offensive, vulgar or obscene. 

LuvWise reserves the right to refuse registration of, or cancel a User Name/Screen Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your LuvWise password. You shall never use another user’s account without such other user’s express permission. You will immediately notify LuvWise in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Sites and Services.

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under LuvWise's control, and you acknowledge that LuvWise is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by LuvWise or any association with its operators. You further acknowledge and agree that LuvWise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Content and License.

You agree that the Services contain Content specifically provided by LuvWise or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. 

LuvWise grants each User of the Site and/or Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from LuvWise, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party rights.

Informed Consent.

  • You understand that your de-identified data may be analyzed by LuvWise and its affiliates to learn more about relationships and to improve the Services.  You understand that your responses will be used as part of this study.
  • You understand that all data collected are anonymous and will not be linked to any personally identifying information.
  • You understand that all you need to do to participate is use the Services.
  • You understand that you are free to decide not to use the Services and to thus not participate in the research.
  • You understand that while using the Services carries minimal risk, there is some risk of psychological discomfort from the information or experience of the Services.  Users can compare their relationship to the average relationship and get personalized feedback about their own relationship which could cause some people distress.
  • The research may also be of benefit to society and possibly to the individual Services user as well, in the area of relationship development.  The Services may help a user better understand how relationships begin and end and how people feel about them.
  • You understand that you can use the Services for as long or short a period as you choose, that participation is voluntary and may be terminated at any time.  There is no obligation to purchase anything, and many of the Services are completely free.
  • You may withdraw from the Services at any time and may request that your information not be used for research purposes.  Please contact staff(at)luvwise.com with any requests to withdraw your information.

Termination.

LuvWise may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use. 

If you wish to terminate your own account, you may do so by contacting LuvWise at staff(at)luvwise.com and requesting your account be deleted.  Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

LuvWise has no special relationship with or fiduciary duty to you. You acknowledge that LuvWise has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release LuvWise from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. LuvWise makes no representations concerning any Content contained in or accessed through the Services, and LuvWise will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. 

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. LUVWISE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. 

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): LUVWISE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. LuvWise will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on LuvWise’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.

LuvWise and its affiliates make no representations or warranties regarding the (i) accuracy, completeness, currency or timeliness of the Site content, (ii) links provided on or through the use of this website or (iii) the quality and security of the website, or inability to access the content or website, including whether they will be free of viruses, unauthorized code or other harmful components.

Indemnification.

You shall defend, indemnify, and hold harmless LuvWise, its affiliates and each of its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses (collectively, “Liabilities”), including reasonable attorneys' fees and costs related to any such Liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. LuvWise reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with LuvWise in asserting any available defenses.

If anyone brings a claim against us related to your actions, content or information on LuvWise.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Security

We care about the security of our users. While we work to protect the security of your content and account, LuvWise cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

Limitation of Liability.

IN NO EVENT SHALL LUVWISE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Medical Liability

The Site’s content is offered for informational and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis or treatment. LuvWise does not offer or give medical advice. We do not provide medical or diagnostic services. You should not act upon this information without seeking professional advice and counsel.

It is the intent of LuvWise to create an informational website. Any statements made in this website about products have not been evaluated by the United States Food and Drug Administration. They are not intended to diagnose, treat, cure or prevent any condition or disease.

User Assumes All Risk and Liability

LuvWise does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in the Services. If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence and accessing this website from any country where its content does not comply with its laws and regulations is prohibited. You agree that LuvWise and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of this website. In no event will LuvWise or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if LuvWise, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

These excluded damages include, but are not limited to, medical, legal and accounting malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. LuvWise’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the website, the content or these terms of use shall not exceed the fee, if any, paid by you or on your behalf for the use of the website for the prior twelve (12) months. Some states do not allow the exclusion or limitation of incidental damages, or limitations upon how long implied warranty lasts, so the above limitations or exclusions may not apply to you. In no event shall LuvWise or its affiliates be liable for any personal injury, including death, caused by your use or misuse of this website or the content. Any claims made by you in connection with your use of this website or the content must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these terms of conditions are exclusive and are limited to those expressly provided for in these terms and conditions.

User Responsible for All Posts and Communication

Neither LuvWise nor its affiliates are under any obligation to respond to emails or messages posted to this site or to provide any compensation for any such communication. If you post any information or material to this website you are responsible for such information or material and the consequences of their posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to this website.

We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our users of any material that is alleged not to conform to the terms of these terms and conditions, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. We reserve the right to edit or delete any material posted on our website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.

We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the website. We also do not endorse any opinions expressed by others on the website. You acknowledge that any reliance on content posted by others on the website, and your use of that content, is at your own risk.


Forbidden Material

(harmful language, malicious software, solicitation, spam etc.)

All users expressly agree to not post any material that:

  1. Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
  2. Infringes on the copyright or any other proprietary right of a third party;
  3. Would invade the privacy of any other person;
  4. Is intended to advertise to or solicit others without our express permission;
  5. Constitutes charity solicitations, chain letters or pyramid schemes;
  6. Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
  7. Does not generally pertain to the designated topic or theme of the website.

You further expressly agree that you will not:

a. After receiving warning, continue to post material which we have advised you not to post;

b. Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

c. Post, generate or disseminate so-called "spam" or mass-mailings;

d. Harvest or otherwise collect information about others, including email addresses, without their consent;

e. Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);

f. Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or

g. Interfere with another user's use and enjoyment of the website.

h. Post if you are younger than 18 years old.


Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Site (such as advertising or payments) or operate a LuvWise application or website.

By content we mean anything you post on the Site that would not be included in the definition of information.

By data we mean content and information that third parties can retrieve from the Site or provide to the Site through LuvWise.

By post we mean post on the Site or otherwise make available to us (such as by using an application).

By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By active registered user we mean a user who has logged onto the Site at least once in the previous 30 days.

By application we mean any application or website that uses or accesses LuvWise, as well as anything else that receives or has received data from us. If you no longer access LuvWise but have not deleted all data from us, the term application will apply until you delete the data.

Advertising and Promotion

A promotion advertised on the Site is subject to availability and is not an indication of availability. In particular, LuvWise and its affiliates reserve the right to amend, modify, extend or cancel a promotion without advance notice to the public. LuvWise reserves the right to reject, approve or remove any advertising from the site in our sole discretion, including ads that negatively affect our users or that promote content contrary to our philosophy.

Dispute Resolution.

For any dispute you have with LuvWise, you agree to first contact us and attempt to resolve the dispute with us informally. If LuvWise has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms shall be settled by arbitration.  You and LuvWise agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

To this end, the Terms of Use and Privacy Policy of LuvWise shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in Hudson County, New Jersey, using the English language in accordance with the Arbitration Rules and Procedures of AAA then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Arbitration Rules and Procedures of AAA. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Hudson County, New Jersey. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH LUVWISE, THE USER HEREBY RELIEVES LUVWISE AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH USER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

Integration and Severability.

The Terms of Use are the entire agreement between you and LuvWise with respect to the Services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LuvWise with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

LuvWise shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LuvWise’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with LuvWise's prior written consent. LuvWise may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Nothing in these Terms of Use shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terns of Use will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms of Use (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between LuvWise you with respect to the subject matter hereof, and you shall not rely upon any promises or representations by LuvWise with respect to the subject matter except as set forth herein. The Services are not open to any individuals who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.

No amendment to these Terms of Use will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms of Use will remain in full force and effect.

Violation

You may report any violation of these Terms of Use to staff(at)luvwise.com.

All contents of the Site are owned by Luvwise.  LuvWise is a copyright protected site and patent pending. All rights reserved.

Contact.

For inquiries or concerns, contact the LuvWise team via email at staff(at)luvwise.com or through the “Contact” Form on the Site.