Love FrogKisser, LLC™
Copyright © 2017 Love FrogKisser, LLC, All rights reserved.
Privacy and Terms Statement
This Privacy and Terms Statement governs the use of the services offered by Spirit & Spark™, TheVegasPsychic.com™, SinCityPsychicTV.com™ and Love FrogKisser, LLC (the “Company”) at the Company’s website (SpiritAndSpark.com) (the “Site”), coaching sessions, intuitive sessions, events, PayPal purchases, workshops and mobile applications. Such services, the Site and mobile applications together are hereinafter collectively referred to as the “Service.” Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions and your representation that you are 18 years of age or older. If you object to anything in these Terms of Service, you are not permitted to use the Service. The Privacy and Terms Policy are incorporated together and are hereinafter referred to as this “Agreement.”
These Terms of Service include:
● Your agreement that the Service is provided “as is” and without warranty. Services are not be refundable.
● Your agreement that the Company has no liability regarding the Service.
● Your consent to release the Company from liability based on claims.
● Your agreement to indemnify the Company from claims due to your use or inability to use the Service.
● Your consent that either party has the right to compel arbitration.
● Your consent that no claims can be adjudicated on a class basis.
The Service is a platform for enabling connections between Users for the fulfillment of consultations and events, but the Company is not responsible for the performance of Consultants, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Consultants, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. The Company makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the consultations requested and provided by Consultants identified through the Service whether in public, private, or offline interactions.
Readings are for entertainment purposes only. The information provided by Consultants is advice, and should be treated as such. The information provided on this Site and by Consultants is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to the information provided on this Site or provided through consultations, or at workshops and/or events. Consultants should not be considered experts, and their opinions are those of their own, and are not reflective of the opinions or beliefs of the Company.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
● The information on this Site or through Consultants will be constantly available, or available at all; or
● The information on this Site is complete, true, accurate, up-to-date, or non-misleading.
You must not rely on the information on this Site as an alternative to legal advice from your attorney or other professional legal services provider. Any advice received from the Service or a Consultant should not be construed as medical advice or opinion.This service is not a healthcare or counseling service and should not be viewed or used as such. If you have any concerns regarding your mental or physical well-being you should contact a healthcare professional immediately.
Neither the Company nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Service and you hereby release the company and its affiliates or licensors from any liability related thereto. The Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of this service.
Billing and Payment
Users of the Service will be required to provide their credit card details to the Company and the Payment Service Provider retained by the Company (the “PSP”). Clients will be responsible for paying for each consultation (the “Invoice”) in advance of the consultation.
Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services, when applicable.
Vouchers and Promotional Codes
Company vouchers or promotional codes (“Vouchers”) may be available and can be used to pay Consultations and Company fees in part or in full. Vouchers are an offer (subject to the terms of the voucher) by the Company to reduce the amount a Client has to pay in relation to a Consultation payment and/or our fee. Vouchers will not affect the amount of the Consultation payment a Consultant ultimately receives. You agree that you will only use one Voucher per person, and will comply with Voucher terms, including but not limiting Voucher use to first-time Users (which means that you will not use such a Voucher with a new account you create if you already have an account on the Service).
Private Coaching Expiration
Minutes purchased for sessions expire 1-year from the date of purchase.
Sessions are non-refundable, and all sales are final. A client may reschedule their purchased session one time, with at least 72-hours notice. If a reschedule request is within 72-hours of the start of the session, the purchase price will not be refunded and the session will be forfeited.
Either the Client or Love FrogKisser may terminate services at any time, for any reason, effective upon sending written notice to the other party. All paid membership fees are nonrefundable under any circumstances. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you. If a formal complaint is filed against Love FrogKisser, service will be put on hold immediately while details are resolved.
E-mail and Phone
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR E-MAIL, PHONE NUMBER AND ALL APPLICABLE CONTACT INFORMATION AND SELF IDENTIFYING DETAILS FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR SERVICE.
Without limitation, while using the Service, you may not:
● Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Company staff or Consultants.
● Use the Service for any purpose in violation of local, state, national, or international law.
● Imply or state that any statements you make are endorsed by the Company, without the prior written consent of the Company.
● Hack or interfere with the Service, its servers or any connected networks.
● Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
● Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by the Company.
● Use the Service to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.
● Register under different usernames or identities, after your account has been suspended or terminated.
Termination and Suspension
The Company may terminate or suspend your right to use the Service at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, the Company may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of the Company posted through the Service from time to time, or if the Company otherwise finds that you have engaged in inappropriate and/or offensive behavior. If the Company terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Email and Mobile Phone Use
By providing your contact information, including but not limited to your phone number and email address to the Company, you hereby affirmatively consent to our use of your email address and mobile phone number for calls and texts in order to perform and improve upon the Service. The Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.
Your Information and Likeness
Each Client or Consultant who provides to the Company any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects hereby irrevocably grants to the Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
● Use any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects that such Client or Consultant provides to the Company, and use, reproduce, modify, or creative derivatives of such Client or Consultant picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the Internet, of any videos or images of such Client or Consultant in connection with the Service.
● Reproduce in all media any recordings of such Client or Consultant’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Service.
● Use, and permit to be used, such Client or Consultant’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Service in any media.
● Use, and permit to be used, such Client or Consultant’s name and identity in connection with the Service.
Each Client and Consultant hereby waives all rights and releases the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Client or Consultant identity, likeness or voice in connection with the Service.
Each Client and Consultant acknowledges that the Company shall not owe any financial or other remuneration for using the recordings provided hereunder by such Client or Consultant, either for initial or subsequent transmission or playback, and further acknowledges that the Company is not responsible for any expense or liability incurred as a result of such Client or Consultant’s recordings or participation in any recordings, including any loss of such recording data.
Links to Other Websites
Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by the Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. The Company does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Company Service as well as any advertisements displayed in connection therewith) does not mean that the Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by the Company's Privacy and Terms Statement. You access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Service.
Worker Classification and Withholdings
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of the Company. Each User acknowledges that the Company does not, in any way, supervise, direct, or control a Consultant’s work or Consultations performed in any manner. The Company does not set a Consultant’s work hours or location of work. The Company will not provide any equipment, labor or materials needed for consultations.
The Service is not an employment service and the Company does not serve as an employer of any User. As such, the Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Service is owned by the Company, excluding User generated content that the Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work under the United States Copyright Act, as amended. The Proprietary Material is protected by domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without the Company's express prior written consent and, if applicable, the holder of the rights to the User generated content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of the Company and, if applicable, the holder of the rights to the User generated content.
The service marks and trademarks of the Company, including without limitation the Company and the Company logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of the Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose. You shall promptly notify the Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to the Company upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information and all other information and data of the Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
THE COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY CONSULTANTS PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION, OTHER THAN PURSUANT TO THE PROTECTION PLEDGE TERMS.
UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES IN EXCESS OF THE PROTECTION PLEDGE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.
INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to the Company. The Company’s address for such notices is Love FrogKisser, LLC, P.O. Box 471085, Fort Worth, TX76147.
BINDING ARBITRATION. If you and the Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, the Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Tarrant County, Texas with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
LOCATION OF ARBITRATION. Arbitration will take place in Tarrant County, Texas. You and the Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Texas state and Federal courts located in Fort Worth, Texas have exclusive jurisdiction and you and the Company agree to submit to the personal jurisdiction of such courts.
You and the Company agree that, other than as set forth above under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding,” if any portion of “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor the Company will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Fort Worth, Texas and you and the Company agree to submit to the personal jurisdiction of that court. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Texas, without regard to choice of law principles.
The Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of the Company, and can be activated, modified or removed at any time by the Company without advance notification and the liability of any of the Company’s partners.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Failure by the Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and the Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of the Company, its successors and assigns.
Changes to this Agreement and the Service
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING PRIVACY AND TERMS GUIDELINES AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
By using the Service, you do hereby warrant and represent that you have read, understand and agree to all terms and conditions stated herein which is incorporated herein by reference, which govern the use of the services offered by the Company and that you are giving the Company permission to use and store such information consistent with this Privacy and Terms agreement.
Cookies and Other Technologies
When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit. Like many websites, we may use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may utilize persistent cookies that only the Company can read and use to save your login information for future logins to the Service, to assist in processing items in your shopping basket, to hold session information, and to track user preferences. We may utilize session ID cookies to enable certain features of the Service, to better understand how you interact with the Site and to monitor aggregate usage by our users and web traffic routing on the Service, to track the number of entries in the Company promotions, sweepstakes and contests and to identify visited areas of the Site and Service. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on our Site to personalize your visit. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Service. We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Service and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. We may also engage one or more third party service providers to serve online advertisements on our behalf. They may use a “pixel tag” to collect anonymous information about your visits to this Site and to other websites, and they may use that information to target advertisements for goods and services. This information is collected anonymously, in a manner that does not personally identify you.
When you visit and interact with the Site, the Company and/or third parties with whom the Company has contracted to provide services to the Company may collect your Internet Protocol Address (“IP Address”), which is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Site and for fraud prevention purposes.
The Company also collects and uses personal data regarding its independent contracts, which may include: name, address, job title and other job information, location, compensation information, identification number, employment history, and a copy of employment agreements.
We may also require you to provide us with your financial information, including billing name, address and credit card number (“Financial Information”).
Only authorized Company staff and consultants have access to your personal information in its entirety. Some staff may have access to portions of this information if it pertains to their job duties.
Company Use of Personal Information
The Company collects personal information at the time of Consultation purchase. When you make a purchase, sign up for newsletters, complete forms for optional programs, surveys, contests and other entries, and through communications transmitted through the Company applications and your use of the Company mobile application, we collect information including your name, address, phone number and email address. You also may choose to send the Company personally identifying information in an email message containing information or inquiries about the Service.
The Company uses personal information for the following general purposes:
● to provide our products and the Service,
● for billing, identification and authentication, and fraud prevention,
● to analyze Site usage and improve our products and the Service,
● to contact you and deliver administrative notices and communications relevant to your use our products and services,
● for internal market research, troubleshooting problems, and detecting and protecting against error, fraud or other criminal activity,
● to third-party contractors that provide services to Clients, the Company and partners of the Company who are bound by privacy restrictions at least as restrictive as those set forth in this Policy,
● to enforce our Privacy and Terms Statement, and as otherwise set forth in this Agreement.
Although we ensure that our third party agents receiving your information are bound by privacy restrictions at least as restrictive as those set forth in this Agreement, the Company is not responsible for any issues that may arise regarding the privacy policies of any of its affiliates or advertisers. By using this Site, you do hereby agree to hold the Company harmless from any claims and/or damages that may arise from the actions of any of its affiliates and/or advertisers.
The Company may analyze personal information and Web navigational data based on your interests and may use the analysis from this information in a way that doesn’t reveal a User’s personal information (“Market Research”) in order to:
● Market the Service
● Improve the likelihood of a sale to a group of Users
● Increase the likelihood that a group's experience with the Service is relevant to their interests as a whole
The Company uses data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Research. The Company may use your cell phone number to call or text you in order to provide the Service.
Data gathered and kept regarding the Consultants is only used by the Company for the purposes of facilitating the performance of certain administrative tasks and functions relating to general employment and for processing and investigating reports under the Company’s codes and policies. We use Financial Information solely as authorized by you in accordance with the Service.
You may opt-out of receiving communications from us and our partners, remove your information from our database, and choose to not receive future communications unrelated to the Service. If you purchase anything through the Company we may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programs. You always have the option to ask the Company not to contact you with this information again. If you receive unsolicited email from a Company domain, please contact us at email@example.com.
Company information retention policy
To preserve the integrity of our databases, we may retain information submitted by Users for an indefinite period of time. However, we currently anticipate that we will routinely delete or destroy personal information submitted by Users approximately two (2) years after the Company ceases providing services to a User in accordance with our data retention policy. If required by law, we will delete personal information by erasing it from our database. We will also respond to User requests to delete or correct account or personal information, which you can do by contacting the Company at firstname.lastname@example.org.
Company security of collected information
Extremely sensitive information, like credit card numbers, is always transmitted in encrypted form. Only certain authorized Company staff and Contractors can access personal information, and only if it is relevant to their job duties. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, the Company cannot guarantee the security of any information you transmit to us, and you do so at your own risk. While the Company will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold the Company harmless for any damages that may result therefrom. The Company expressly disclaims any liability that may arise should any other individuals obtain the information you submit to this Site.
With whom does Company share information?
When you submit information to the Company it is collected, processed and maintained solely by us or by third party agents who are bound by privacy restrictions at least as restrictive as those set forth in this policy. We may allow our business partners to collect information about Users that is not extremely sensitive information. If you would like to opt out from the onward transfer of your information to our non-agent partners, you may send us an email at email@example.com. Include the word "privacy" in the subject line of the email and all your registration information in the body of the email.
Some Company content is "sponsored by" or "presented by" other companies. The Company shares market research data (how the sponsorship performed, names of contest winners, etc.) collected on this Site or via email surveys with these partners. This information is aggregate and not linked to specific users.
We will not transfer to a non-agent third party any personal information that is sensitive in nature, such as information specifying your medical or health condition, racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership without your prior affirmative consent.
The Company reserves the right to transfer, sell and/or distribute all information collected through the Service to an affiliate, subsidiary, or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock. We will use our best efforts to ensure that the new entity follows this Privacy and Terms Statement with respect to your personal information, as and to the extent required by applicable law.
Notification of changes
Users from outside the United States
The Company and its Service are based in the U.S., and the Company’s offices are headquartered in the U.S. Please be aware that information you provide to the Company or information that it obtains as a result of your use of the Service may be processed and transferred to the U.S. and be subject to U.S. law. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using the Site, participating in any of the Service, or by providing the Company with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. The Company will take all steps reasonably necessary to ensure that you data is treated securely in accordance with this Privacy and Terms Statement.
How can I reach the Company staff?
If you have technical problems, questions or other issues related to your use of the Company’s services, this Privacy and Terms Statement, the practices of this Site, or your dealings with this Site or the Company, please email us at firstname.lastname@example.org.
The Company seeks to provide a safe and comfortable environment for all of its Users. We encourage you to immediately report to the Company any inappropriate behavior on the part of a Consultant, a client, any other User, or any other representative of the Company. Inappropriate behavior, including without limitation any vulgarity or sexual harassment, should be immediately reported to the Company at email@example.com. The Company will take swift and appropriate action to address any such inappropriate behavior.
The Company staff and Consultants will respond to all requests sent through mail or email from Users interested in knowing more about what personal information is stored on the Company database, or if they want their personal information nullified, or have additional questions regarding privacy.
Electronic Signature Agreement
You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By using this website and by entering your initials upon checkout you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Love FrogKisser, LLC any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Love FrogKisser, LLC. You also represent that you are authorized to enter into this Agreement.
Love FrogKisser, LLC
10624 S. Eastern Ave. STE A-554, Henderson NV 89052