Terms & Conditions
WEB SITE TERMS AND CONDITIONS OF USE
1. TERMS
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. USE LICENSE
Permission is granted to temporarily download one copy of the materials (information or software) on Luv Michael’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Luv Michael’s web site;
remove any copyright or other proprietary notations from the materials; or - transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Luv Michael at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DISCLAIMER
The materials on Luv Michael’s web site are provided “as is”. Luv Michael makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Luv Michael does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. LIMITATIONS
In no event shall Luv Michael or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Luv Michael’s Internet site, even if Luv Michael or a Luv Michael authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. REVISIONS AND ERRATA
The materials appearing on Luv Michael’s web site could include technical, typographical, or photographic errors. Luv Michael does not warrant that any of the materials on its web site are accurate, complete, or current. Luv Michael may make changes to the materials contained on its web site at any time without notice. Luv Michael does not, however, make any commitment to update the materials.
6. LINKS
Luv Michael has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Luv Michael of the site. Use of any such linked web site is at the user’s own risk.
7. SITE TERMS OF USE MODIFICATIONS
Luv Michael may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. GOVERNING LAW
Any claim relating to Luv Michael’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
ADDITIONAL TERMS REGARDING THE LUV MICHAEL VIRTUAL WALK PROGRAM:
Own Risk: The user participates in the Luv Michael Virtual Walk exclusively at his/her own risk. This applies, without limitation, to:
1.2.1
the related use of any hardware, including, but not limited to, (i) the respective smartphone, (ii) chest straps, and (iii) smartphone dongles;
1.2.2
downloading the user’s own- and third-party content; and
1.2.3
any use by the user of data created or provided by Luv Michael , including, but not limited to recommendations for actions. The user explicitly acknowledges any such data or content may contain errors, and Luv Michael does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
1.3
Medical Advice The use of any software or hardware offered by Luv Michael is no substitute for the consultation by the user of a physician. Luv Michael is not providing any medical advice and your use of the Luv Michael Products does not create a doctor patient relationship between you and us.
1.4
External Content Additionally, Luv Michael does not make any representations or warranties with respect to external links, banners or other information and marketing offers which may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Luv Michael does not make any representations or warranties with respect to products or services of third party providers.
LIMITATION OF LIABILITY
2.1
General Luv Michael shall be liable as currently provided by law only if Luv Michael has caused a certain damage willfully or with gross negligence. Luv Michael shall not be liable for damages, pecuniary losses, lost profits, or damages resulting from claims of third parties.
2.2
Content Unless required by law, neither Luv Michael nor any of its business affiliates shall be liable for damages resulting from the use of a user’s or third party’s content made accessible through the use of the Platform or other forms of use of the Luv Michael Products. This also applies to damages resulting from errors, problems, viruses or loss of data. If you are a copyright owner or agent and believe any user content infringes upon your rights you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with your fully complete DMCA notice as per 17 USC 512(c)(3) to info@ LuvMichael.com
2.3 Downloads Luv Michael assumes no liability for downloaded material or material obtained as a consequence of using the Luv Michael Products. The user is solely responsible for any damages caused by such materials to his/her computer or smart phone system or for information which is lost as a consequence of downloading materials from any of the Luv Michael Products.
2.4
Conflicts The user is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The user acknowledges and accepts that Luv Michael will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
INDEMNIFICATION BY USERS
3.1
Indemnification The user shall indemnify Luv Michael for all claims, demands or actions raised by third parties as a result of a user’s infringement of such third party’s rights in connection with content uploaded to any of the Luv Michael Products by such user, as a result of user’s own breach of these Terms or as a result of any other usage by such user of applications available from Luv Michael . The user shall bear the costs of any legal proceedings and accounting fees, in which Luv Michael may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
3.2
Support: In the event a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Luv Michael all information held by such user which may be necessary to verify such claim and defend against it. Any additional claims for damages to which Luv Michael may be entitled to bring against the user shall not be affected.