IMPORTANT! PLEASE READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND GAY POWER HUB (A.K.A.“UNIVERSE FOR U LLC,” “LOVINTEL“, “COMPANY”, “WE,” OR “US”).
LOVINTEL and Universe for U are trademarks of Universe for U LLC.
OUR SERVICES ARE NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICE, TREATMENT, OR DIAGNOSIS.
All information, content, and materials in Services are for informational purposes only and are not intended to serve as a substitute for the consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider.
LOVINTEL does not provide any medical advice (including but not limited to mental or behavioral health, therapy, psychotherapy, relationship therapy or counseling) in Services, and the information should not be so construed or used. Using and/or accessing Services and/or providing personal or medical information to LOVINTEL does not create a physician-patient relationship between you and LOVINTEL. Nothing contained in Services is intended to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or a trained health professional licensed in your state. You should not rely on anything contained in Services, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in Services.
If you have a medical emergency, call your doctor or 911 immediately.
The information provided in Services is not a substitute for medical or professional care, and you should not use the information in place of a visit, call, consultation or advice of your physician or other healthcare provider. LOVINTEL disclaims any liability based on information provided in Services or via references or links to any third-party websites or other resources, which may contain, without limitation, any medical information.
If you believe you have any health problem, or if you have any questions regarding your health or a medical condition, you should promptly consult your physician or other healthcare provider. Never rely on information in Services in place of seeking medical or professional advice, and never disregard medical or professional advice, or delay seeking it, because of any information you received in Services. You should also ask your physician or other healthcare provider to assist you in interpreting any information in Services, or in applying the information to your individual case.
Medical information changes constantly, therefore the information provided in Services should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided in Services is solely at your own risk.
The entire contents of Services are based upon the opinions, research, and experience of LOVINTEL, unless otherwise noted. Any opinions in Services are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any medical treatment.
The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that was enacted on August 21, 1996 and established rules governing the privacy of all identifiable health information regardless of form (referred to as “Protected Health Information” or “PHI”), Electronic Data Interchange (EDI) & Code Set Standards, and the security of PHI. LOVINTEL does not ask for, collect, or use any HIPPA protected information.
THIS PORTION OF THE AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN YOU AND LOVINTEL TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LOVINTEL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to REGISTERED AGENTS INC 1267 WILLIS ST., STE 200, REDDING, CA 96001 UNITED STATES. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Santa Clara County. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Each party must assume the costs incurred to present its evidence; all other expenditures and costs related to the arbitration are to be shared equally by the parties. The losing party, as determined by the arbitration award, shall bear the other Party’s reasonable costs and expenses, and the arbitrators and administrative fees of arbitration.
YOU AND LOVINTEL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT OR IN EQUITY, AS PERMITTED HEREIN) AND WAIVE THE RIGHT TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and LOVINTEL (including all Company’s Services) are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 3.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
If a decision is issued stating that applicable law precludes enforcement of any of this Section 3.5’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.
Except as provided in Section 3.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, then such specific part or parts shall be severed and shall be of no force and effect and the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with LOVINTEL.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without LOVINTEL’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
LOVINTEL shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and LOVINTEL agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state court in Santa Clara County, California or federal court located in the Northern District of California.
CALIFORNIA LAW GOVERNS THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
You may give notice to LOVINTEL at the following address: REGISTERED AGENTS INC 1267 WILLIS ST., STE 200, REDDING, CA 96001 UNITED STATES. Such notice shall be deemed given when received by LOVINTEL by letter delivered by nationally recognized overnight delivery service or first-class postage certified prepaid mail at the above address.
If you would like to contact us with respect to Services, please contact us using the form provided on the Contact Us page in this website.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
You agree to indemnify and hold LOVINTEL harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you in Services, (2) any violation of law that occurs by you through Services, and/or (3) anything you do using Services and/or the information contained therein.
Without limiting the generality of the foregoing, LOVINTEL makes no representations or warranties with respect to any information offered or provided within or through Services regarding treatment of medical conditions, action, or application of medication.
TO THE FULLEST EXTENT PERMITTED BY LAW, LOVINTEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING ANY INFORMATION OR OTHER MATERIAL DISPLAYED IN SERVICES, WHETHER AUTHORED BY LOVINTEL OR OTHERS; AND THE OPERATION OF SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
LOVINTEL makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or suitability of the information contained in Services and does not represent and/or warrant against human or machine error, omissions, delays, interruptions or losses, including the loss of any data.
All of the information in our Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted in these Services, and LOVINTEL does not undertake any obligation to update such information after it is posted or to remove such information from Services if it is not, or is no longer, accurate or complete.
While LOVINTEL attempts to keep all Services up-to-date, medical knowledge changes rapidly, thus the Services, and the knowledge contained within them should not be considered error-free.
The Information made available on the Services is provided on an “As-Is” and “As Available” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose.
Under no circumstances, as a result of your use of Services, will LOVINTEL be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.
The user assumes all responsibility and risk for the use of Services and the internet in general. Without limiting the generality of the foregoing, LOVINTEL shall have absolutely no liability in connection with Services for:
Under no circumstances shall Universe for U LLC, LOVINTEL, any of the Company’s Services, or its employees, agents, or representatives, or its affiliates, including without limitation, anyone involved in creating or maintaining Services and/or content within Services, be liable for any direct, indirect, incidental, special or consequential damages, lost profits, or other damages whatsoever including, without limitation, damages that result from: the use or inability to use and/or access Services; reliance by a member or visitor on any information obtained via Services; or mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. In states which do not allow the above limitations of liability, liability shall be limited to the greatest extent permitted by law.
Services are protected by United States intellectual property laws. LOVINTEL hereby reserves any and all intellectual property rights in all Services.
Services are open to the public. Therefore, consider your comments carefully and do not include anything that you would like to keep private.
By uploading or otherwise making available any information to LOVINTEL in the form of user generated comments or otherwise, you grant LOVINTEL the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all comments, posts, content, remarks, suggestions, ideas, graphics, or other information communicated to LOVINTEL through Services (together, “User Content”), and to incorporate any User Content in other works in any form, media, or technology now known or later developed. LOVINTEL will not be required to treat any User Content as confidential, and may use any User Content in the Company’s business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future LOVINTEL operations.
Comments to individual posts within Services are encouraged. You are responsible for the User Content you post.
You may not post, send, submit, publish, or transmit in connection with Services any User Content that:
Some forums are moderated by LOVINTEL, meaning User Content is reviewed before it is posted. Respectful comments that contribute to the topic at hand will generally be accepted. Comments that receive a certain number of flags from the readership may be automatically deleted.
The First Amendment gives you the right to express your opinions on your own blog, not within Services that belong to LOVINTEL.
Notwithstanding the above, you remain solely responsible for the User Content you create or post. You acknowledge and agree that neither LOVINTEL nor any third party that provides content to LOVINTEL will assume or have any liability for the User Content you create or post.
All trademarks, logos, designs, slogans and trade dress appearing in any Online Service, whether or not appearing in large print, italics or with the trademark symbol, are owned by LOVINTEL or its affiliate companies or service providers or are used under license. No right or license is granted, by implication or otherwise, to use any trademark, service mark or logo displayed in the Services or any other intellectual property rights of LOVINTEL or any third party.
LOVINTEL and any third party that provided trademarks, service marks, and logos to LOVINTEL retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in Services.
You may use Services only for purposes expressly permitted by LOVINTEL. You may not use Servicesfor any other purpose, including any commercial purpose, without LOVINTEL’s prior express written consent. For example, you may not, and may not authorize any other party to, (i) co‑brand Services, or (ii) frame Services, or (iii) hyper-link to Services, without the prior express written permission of an authorized representative of LOVINTEL. For purposes of this Agreement, “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute Services or content accessible via Services. You agree to cooperate with LOVINTEL in immediately remediating any unauthorized co-branding, framing or hyper-linking.
You are forbidden to copy or download any files or content from Services to your computer or other devices without permission of LOVINTEL.
If you have any questions about these policies, please contact us using the form provided on the Contact Us page in this website.
LOVINTEL does not author, edit or monitor the Linked Sites, and is not responsible or liable for (a) the availability of or content provided on or accessible through the Linked Sites; (b) your dealings with the Linked Sites, the payment for and delivery of goods or services, or any terms, conditions, warranties, or representations associated with such dealings; or (c) any loss or damage whatsoever you may incur from dealing with the Linked Sites.
LOVINTEL respects and utilizes the protection under the First Amendment right of freedom of speech.
THE OPINIONS EXPRESSED IN SERVICES REPRESENT THE EXERCISE OF FREE SPEECH BY LOVINTEL, IN ACCORDANCE WITH THE TRADITIONS OF ACADEMIC FREEDOM, AND OUR CONSTITUTIONAL GUARANTEE OF FREEDOM OF SPEECH. THE OPINIONS EXPRESSED HERE SHOULD NOT BE UNDERSTOOD AS ADVOCATED BY OR SANCTIONED BY ANYONE ELSE, THEIR AGENTS, OR ANY OFFICIAL REPRESENTATIVES, THEY ARE SOLELY THE OPINIONS OF LOVINTEL.
Fair use is a use permitted by copyright statute that might otherwise be infringing. Services may contain certain copyrighted material that were not specifically authorized to be used by the copyright holder(s), but which we believe in good faith are protected by federal law and the fair use doctrine. We are making such material available in our efforts to advance understanding of scientific and social issues, etc. Services are for educational purposes only.
The Copyright Laws of the United States recognizes a “fair use” of copyrighted content. Section 107 of the U.S. Copyright Act states: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright.”
If you have any specific concerns about Services or our position on the fair use defense, please contact us using the form provided on the Contact Us page in this website so we can discuss these issues amicably.
[Updated January 10, 2021]