THE LOVING LIFE FOUNDATION CAMPAIGN TERMS AND CONDITIONS

 

WHO WE ARE

 

The LOVING LIFE FOUNDATION Campaign ("LOVING LIFE FOUNDATION") operates locally within the San Diego, California area. Our mission is to support those in need  through our programs that support the homeless, military, orphans, teens in crisis pregnancy, we have recently adopted 3 low-income apartment complexes with 486 units of single parents, widows, children, struggling families & seniors. Every month we visit these apartments to provide groceries, clothing, laundry service, and offer love and emotional support by building relationships through events. We also offer emergency food supply to our community from our on-site pantry whenever needed, and during the holidays we provide meals & gifts for families in need.

 

WHAT THIS AGREEMENT COVERS

 

This User Agreement and all policies posted on our sites set out the terms on which THE LOVING LIFE FOUNDATION CAMPAIGN, INC. (hereafter, THE LOVING LIFE FOUNDATION CAMPAIGN) offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services. The entity you are contracting with is THE LOVING LIFE FOUNDATION CAMPAIGN, INC., and P.O. Box 501821 San Diego, CA 92150 if you reside in the United States, and THE LOVING LIFE FOUNDATION CAMPAIGN, INC., P.O. Box 501821 San Diego, CA 92150 if you reside in any other region not specifically named above. 

 

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

USING THE LOVING LIFE FOUNDATION CAMPAIGN’S WEBSITE

 

In connection with using or accessing the products and services available on through our website, you agree to NOT:

  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; 

  • fail to pay for items purchased by you;

  • post false, inaccurate, misleading, defamatory, or libelous content;

  • take any action that may undermine the feedback or ratings systems;

  • transfer your account and user ID to another party without our consent;

  • distribute viruses or any other technologies that may harm THE LOVING LIFE FOUNDATION CAMPAIGN or the interests or property of users;

  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to THE LOVING LIFE FOUNDATION CAMPAIGN, or that comes from the Services including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of THE LOVING LIFE FOUNDATION CAMPAIGN and/or any other party holding the right to license such use;

  • commercialize any THE LOVING LIFE FOUNDATION CAMPAIGN application or any information or software associated with such application; 

  • harvest or otherwise collect information about users without THE LOVING LIFE FOUNDATION CAMPAIGN’S consent and the user’s consent; or

  • circumvent any technical measures we use to provide Services.

 

If we believe or discover that you are abusing THE LOVING LIFE FOUNDATION CAMPAIGN in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

Certain portions of THE LOVING LIFE FOUNDATION CAMPAIGN’S website, allow users to post images, graphics, visual representations and written content.  In posting such aforementioned content, you expressly authorize and agree to allow THE LOVING LIFE FOUNDATION CAMPAIGN to display such content on its website, and to use such content for social media or promotional purposes without further permission being sought or granted from you by THE LOVING LIFE FOUNDATION CAMPAIGN, and you further agree to release, indemnify and hold THE LOVING LIFE FOUNDATION CAMPAIGN harmless from any and all liability, damage or loss in connection with same as delineated in full in the section hereafter entitled “Disclaimer of Warranties” and “Limitation of Liability.”  

 

Disclaimer

 

Information on our website is provided for informational purposes only. You should read all product information carefully before purchasing. If you visit or shop on this site, you accept the terms and conditions listed in this section. If you are under the age of 18, you may not use this site unless under the supervision of a parent or guardian.  While THE LOVING LIFE FOUNDATION CAMPAIGN strives to maintain the highest standards in our site content and description, all information, products, and features on this site are subject to change without warning.

Your card will be charged in USD, and the converted amounts are not necessarily the exact amount which will appear on your card statement.  While all care has been taken in making available and maintaining the currency conversion rates displayed on this site, such conversion rates are estimates only of currency conversions that may apply to a transaction. These rates are provided for information purposes only without express or implied warranty. The currency conversion rates should not be relied upon as actual currency conversion rates that may be applied to any particular transaction as such rates will frequently fluctuate over time and vary between various financial providers.

 

Purchase Contract

 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

Customer Service Contact and Complaints

If you have a question or experience a problem with your transaction, contact us immediately and we will work with you to resolve the issue.  We will make every effort to respond to all inquiries within 3 business days.

If you have a complaint, we similarly encourage you to contact us – we operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. 

All comments, problems or complaints should be directed to us via email.

 

Privacy

 

We value your privacy.  THE LOVING LIFE FOUNDATION CAMPAIGN is dedicated to keeping all personal information secure. All reasonable measures will be taken to ensure physical security, computer, and network security, communications security, and personnel security is properly managed and maintained. We reserve the right to retain personal information for our data base unless specifically requested not to. We will NOT sell or exchange your personal information. We will NOT release personal information about you to anyone else.  Our Privacy Policy, as well as all notices, representations and agreements specified therein, is specifically incorporated herein by reference in full.

 

Linking to this Website

 

You may link to the home page of www.THELOVING LIFE FOUNDATIONCAMPAIGN.org, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  Further, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Copyright and Trademarks

 

The content of this site is owned by THE LOVING LIFE FOUNDATION CAMPAIGN and protected under the United States Copyright Act of 1976, No part of this website may be reproduced, reused, retransmitted, adapted, published, broadcast, or distributed for any commercial purpose whatsoever without THE LOVING LIFE FOUNDATION CAMPAIGN’S prior written permission unless expressly permitted under the above acts. All names, logos, and trademarks are property of THE LOVING LIFE FOUNDATION CAMPAIGN or the third parties who have contributed to this site. Nothing on the site should be interpreted as granting any rights to use or distribute any names, logos, or trademarks, without the express written agreement of THE LOVING LIFE FOUNDATION CAMPAIGN or the relevant contributor.

 

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold any providers of our product catalog or us responsible for inaccuracies in the catalogs. The product catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

 

Authorization to Contact You; Recording Calls

 

You agree to receive calls, including autodialed and/or pre-recorded message calls, from THE LOVING LIFE FOUNDATION CAMPAIGN at any of the telephone numbers (including mobile telephone numbers) that we have collected for you, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

 

  • To contact you for reasons relating to your account or your use of our Services, or as authorized by applicable law;

  • To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out by contacting THE LOVING LIFE FOUNDATION CAMPAIGN at info@lovinglifefoundation.org

 

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the THE LOVING LIFE FOUNDATION CAMPAIGN corporate family and/or our affiliates, for their use.  Members of THE LOVING LIFE FOUNDATION CAMPAIGN corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.

 

THE LOVING LIFE FOUNDATION CAMPAIGN may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with THE LOVING LIFE FOUNDATION CAMPAIGN or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with THE LOVING LIFE FOUNDATION CAMPAIGN may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by THE LOVING LIFE FOUNDATION CAMPAIGN, and THE LOVING LIFE FOUNDATION CAMPAIGN does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

 

Disclaimer of Warranties; Limitation of Liability

 

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.  The material displayed on this our website is provided without any guarantees, conditions or warranties as to its accuracy.  To the fullest extent permitted by the law, THE LOVING LIFE FOUNDATION CAMPAIGN disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this site, or relying on any detail contained on the site or omitted from this site. 

 

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Availability of products is subject to change without further notice and we cannot be held responsible for the non-availability of ordered products.

To the fullest extent permitted by applicable law, we and any content providers, suppliers and advertisers hereby specifically and expressly exclude and disclaim all warranties of any kind, including but not limited to all express or implied warranties, terms and conditions including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

 

In addition, to the extent permitted by applicable law, we and our Related Entities (defined to include our subsidiary, affiliated, related and parent corporations, companies and divisions, professional corporations, members, partnerships, limited partnerships, limited liability companies, partners, limited partners, officers, directors, shareholders, board members, employees, managers, employers, associates, principals, independent contractors, administrators, agents, affiliates, experts, legal representatives and attorneys, agents for collections, other agents, representatives, insurers, trusts, trustees, beneficiaries, executors, joint venturers, heirs, predecessors, successors and assigns) are not liable, and you agree not to hold us or our Related Entities responsible for, any damages or losses including but not limited to loss of money, goodwill, reputation, profits or other intangible losses or any special, indirect, punitive, or consequential damages (hereafter, “Damages or Losses”), or any other grievances, allegations, demands, liabilities, debts, losses, obligations, promises, damages, injuries, costs, compensation, commissions, interest, penalties, expenses (including without limitation, attorneys’ fees), lawsuits, actions (in law, equity or otherwise), rights and privileges, and causes of action including but not limited to breach of contract, breach of implied in fact contract, breach of the implied covenant of good faith and fair dealing, promissory estoppel, negligence, fraud, negligent misrepresentation, intentional or negligent interference with contract or economic advantage, indemnity, statutory or common law unfair competition, invasion of privacy, and all other injuries of any nature, kind and description, in law, equity or otherwise whether not now known or ascertained –

hereinafter collectively referred to as “Claims” – which result directly or indirectly from:

 

  • your use of or your inability to use our Services;

  • pricing, shipping or other guidance provided by THE LOVING LIFE FOUNDATION CAMPAIGN;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing, or linking to, our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services; 

  • damage to your hardware device from the use of any THE LOVING LIFE FOUNDATION CAMPAIGN Service;

  • a suspension or other action taken with respect to your account or breach of these terms.

  •  

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you if you reside in such a jurisdiction.

 

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the price of the item purchased. Certain portions of the website allow entities and persons who are NOT employees, agents or representatives of THE LOVING LIFE FOUNDATION CAMPAIGN (“Non-LOVING LIFE FOUNDATION Posters”) to post written, visual or photographic content.  THE LOVING LIFE FOUNDATION CAMPAIGN expressly disclaims any responsibility or liability for content posted by Non-LOVING LIFE FOUNDATION Posters, and reserves the right to remove such content or pages at any time, for any reason, in its sole determination and election.   

 

Release

 

If you have a dispute with one or more users, you release us and our Related Entities as defined above, from all Claims as defined above, and from Damages or Losses as defined above as well as any other demands (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

Indemnity & Representation of User

 

You agree not to carry on any activity in relation to THE LOVING LIFE FOUNDATION CAMPAIGN website which might involve THE LOVING LIFE FOUNDATION CAMPAIGN in liability.  You further agree to indemnify and hold us and our Related Entities harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of THE LOVING LIFE FOUNDATION CAMPAIGN'S Services or your breach of any law or the rights of a third party. 

 

Legal Disputes

 

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE LOVING LIFE FOUNDATION CAMPAIGN HAVE AGAINST EACH OTHER ARE RESOLVED.

You and THE LOVING LIFE FOUNDATION CAMPAIGN agree that any claim or dispute at law or equity that has arisen or may arise between us or our Related Entities which relates in any way to or arises out of this or previous versions of THE LOVING LIFE FOUNDATION CAMPAIGN User Agreement, your use of or access to the Services, or any products or services purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

 

For the purposes of this Legal Disputes Section, THE LOVING LIFE FOUNDATION CAMPAIGN will be defined to include all Related Entities.

 

A. Applicable Law

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and THE LOVING LIFE FOUNDATION CAMPAIGN, except as otherwise stated in the User Agreement.

 

B. Agreement to Arbitrate

You and THE LOVING LIFE FOUNDATION CAMPAIGN each agree that any and all disputes or claims that have arisen or may arise between you and THE LOVING LIFE FOUNDATION CAMPAIGN relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to THE LOVING LIFE FOUNDATION CAMPAIGN'S Services, or any products or services sold, offered, or purchased through THE LOVING LIFE FOUNDATION CAMPAIGN'S Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

 1. Prohibition of Class and Representative Actions and Non-Individualized Relie

YOU AND THE LOVING LIFE FOUNDATION CAMPAIGN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE LOVING LIFE FOUNDATION CAMPAIGN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

  2. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 FREE. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute (“Notice”).  The Notice to THE LOVING LIFE FOUNDATION CAMPAIGN should be sent to THE LOVING LIFE FOUNDATION CAMPAIGN Inc., Attn: General Counsel, Re: Notice of Dispute, P.O. Box 501821 San Diego, CA 92150.  THE LOVING LIFE FOUNDATION CAMPAIGN will send any Notice to you to the physical address we have on file associated with your THE LOVING LIFE FOUNDATION CAMPAIGN account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

 

If you and THE LOVING LIFE FOUNDATION CAMPAIGN are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or THE LOVING LIFE FOUNDATION CAMPAIGN may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to THE LOVING LIFE FOUNDATION CAMPAIGN at the following address: THE LOVING LIFE FOUNDATION CAMPAIGN, Attention General Counsel, Re: Notice of Dispute, P.O. Box 501821 San Diego, CA 92150.  In the event THE LOVING LIFE FOUNDATION CAMPAIGN initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your THE LOVING LIFE FOUNDATION CAMPAIGN account. Any settlement offer made by you or THE LOVING LIFE FOUNDATION CAMPAIGN shall not be disclosed to the arbitrator.

 

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or THE LOVING LIFE FOUNDATION CAMPAIGN may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and THE LOVING LIFE FOUNDATION CAMPAIGN subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or THE LOVING LIFE FOUNDATION CAMPAIGN may attend by telephone, unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same THE LOVING LIFE FOUNDATION CAMPAIGN user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

3. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, THE LOVING LIFE FOUNDATION CAMPAIGN will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by THE LOVING LIFE FOUNDATION CAMPAIGN should be submitted by mail to the AAA along with your Demand for Arbitration and THE LOVING LIFE FOUNDATION CAMPAIGN will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, THE LOVING LIFE FOUNDATION CAMPAIGN will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse THE LOVING LIFE FOUNDATION CAMPAIGN for all fees associated with the arbitration paid by THE LOVING LIFE FOUNDATION CAMPAIGN on your behalf that you otherwise would be obligated to pay under the AAA's rules.

 

4. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

 

5. Opt-Out Procedure

IF YOU ARE A NEW LOVING LIFE FOUNDATION CAMPAIGN USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO THE LOVING LIFE FOUNDATION CAMPAIGN INC., ATTN: GENERAL COUNSEL, RE: OPT-OUT NOTICE, 427 E. 17TH STREET, COSTA MESA, CA 92627. 

 

Your Opt-Out Notice to us must include your request to Opt-Out, as well as your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the THE LOVING LIFE FOUNDATION CAMPAIGN account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

6. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against THE LOVING LIFE FOUNDATION CAMPAIGN prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and THE LOVING LIFE FOUNDATION CAMPAIGN. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.THELOVING LIFE FOUNDATION CAMPAIGN.org at least 30 days before the effective date of the amendments and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

 

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and THE LOVING LIFE FOUNDATION CAMPAIGN must be resolved exclusively by a state or federal court located in Orange County, California.  You and THE LOVING LIFE FOUNDATION CAMPAIGN agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims or disputes.

 

General

 

THE LOVING LIFE FOUNDATION CAMPAIGN’S United States office is located at P.O. Box 501821 San Diego, CA 92150. The LOVING LIFE FOUNDATION Campaign’s other offices are located as follows: 

 

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.  In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.

 

Headings are for reference purposes only and do not limit the scope or extent of such Section.

 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

 

We may amend this User Agreement at any time by posting the amended terms on our website.  Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an THE LOVING LIFE FOUNDATION CAMPAIGN representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

 

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on THE LOVING LIFE FOUNDATION CAMPAIGN website.

 

We have the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of our website.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and THE LOVING LIFE FOUNDATION CAMPAIGN and supersede all prior understandings and agreements of the parties.

 

The following Sections survive any termination of this User Agreement: all sections and provisions relating to contracts and copyrights, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

 

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 FREE.

info@lovinglifefoundation.org  |   10802 Willow Ct. San Diego, CA 92127

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