PRIVACY POLICY AND AGREEMENT ON USE OF
INFORMATION
INTRODUCTION
www.MyLoverXport.com is a website in the
nature of social networking service that
allows Members and Visitors to communicate
on-line, share ideas and share information.
The services offered by
www.MyLoverXport.comwww.MyLoverXport.com or
"we" or “our” or “us”) include the
www.MyLoverXport.com website (the
www.MyLoverXpert.com") and any other
features, content, or applications offered
from time to time by www.MyLoverXport.com
standing alone or in connection with other
profit or not-for-profit organizations
(collectively, the www.MyLoverXport.com
Services"). www.MyLoverXport.com whose
principal place of business is located at
Florida. Our telephone number is:
813-235-6378. The www.MyLoverXport.com
website and related services is hosted in
the United States of America
This Privacy Policy and Agreement on Use of
Information ("Agreement") sets forth the
legally binding terms for your use of our
services and website. By using our services
and website, you agree to be bound by this
Agreement, whether you are a "Visitor"
(which means that you simply browse the
www.MyLoverXport.com Website) or you are a
"Member" (which means that you have
registered with www.MyLoverXpert.com. The
term "User" refers to a Visitor or a Member.
You are only authorized to use the
www.MyLoverXpert.com services and website
(regardless of whether your access or use is
intended) if you agree to abide by all
applicable laws as well as this Agreement.
GENERALLY APPLICABLE TERMS AND PROVISIONS
Please read this Agreement, including but
not limited to the Mandatory Arbitration
Provision, below, very carefully, save it
and print it. If you do not agree with our
Agreement, you should leave the
www.MyLoverXport.com Website right now. You
should also discontinue use of the
www.MyLoverXport.com services immediately.
If you wish to become a Member, communicate
with other Members and make use of the
www.MyLoverXport.com services as a Member,
you must read this Agreement in its entirety
and indicate your acceptance during the
Registration process. There are no
exceptions.
This Agreement includes by way of specific
example, without in any way limiting the
generality nor the scope thereof, our
www.MyLoverXport.com Privacy Policy which
includes our policy for acceptable use of
the www.MyLoverXport.com services and the
content posted on the www.MyLoverXport.com
Website. Our Agreement also includes your
rights, obligations and restrictions
regarding your use of the
www.MyLoverXport.com services and website.
ADDITIONAL APPLICABLE TERMS AND PROVISIONS
In order to participate in certain services
or on the website, you may be notified that
you are required to give information about
yourself (including by way of specific
example but not limited to full name, actual
street address, home telephone number,
business telephone number, cellular phone
numbers, email addresses, and other
biographical information), download software
or content and/or agree to additional terms
and conditions.
Please note that unless otherwise provided
by the additional terms and conditions
applicable to the services in which you
choose to participate, those additional
terms are hereby incorporated into and made
an integral part this Agreement.
HOW YOU MAY CONTACT US
You may receive a copy of this Agreement by
emailing us at: jeff@MrLoverX.com Subject:
Terms of Use Agreement.
OUR RIGHT TO ALTER, CHANGE, MODIFY REVISE OR
UPDATE AGREEMENT
Please take notice that www.MyLoverXport.com
may alter, change, modify, revise or update
this Agreement at any time and from time to
time. Such alterations, changes,
modifications, revisions and updates shall
be effective immediately upon posting on the
website. In order to access or use our
website, you agree that you have a
continuing obligation to review this and all
other Agreements on our website on a regular
basis, which shall mean at least once every
three (3) months. You also agree to be bound
to any alterations, changes, modifications,
revisions and updates to this Agreement when
you use our services after any such
modification is posted. Again, it is
extremely important that you review this
Agreement regularly (at least once every (3)
months) to ensure you are updated as to any
changes.
CAUTION ABOUT POSTING YOUR INFORMATION ON
OUR WEBSITE
Please choose carefully the information you
post on www.MyLoverXport.com and that you
provide to other Users. Your profile, if
any, may not include the following items:
telephone numbers, street addresses, last
names, and any photographs containing
nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or
otherwise objectionable subject matter.
Despite this prohibition, information
provided by other Members (for instance, in
their Profile) may contain inaccurate,
inappropriate, offensive or sexually
explicit material, products or services, and
we assume no responsibility or liability for
this material.
YOUR DUTY TO PROVIDE US WITH ACCURATE
INFORMATION
As a User of our website and/or any of our
services in the past, now or in the future,
you agree to provide us with accurate,
correct and complete information. You also
agree to answer any of our inquiries by
providing us or any of our agents with
accurate, correct, complete and responsive
information. You also agree that any
information you give to us becomes our
property. This means that you are giving us
a blanket, non-exclusive, world-wide right
to use, convey, assign, transfer or in any
way deal with any and all information
received from you and/or from any other
party without any kind of obligation to
compensate or pay you for such information.
In other words, we may use any information
you or anyone shares as we see fit and
without in any way being obligated to pay
you or anyone any kind of royalties or other
forms of compensation.
OUR RIGHT TO REJECT, REFUSE TO POST OR
REMOVE ANY POSTING
We reserve the complete right, in our sole
discretion, to reject, refuse to post or
remove any posting (including private
messages) by you or anyone else. We also
reserve the right, in our unbridled
discretion, to restrict, suspend, or
terminate your access to all or any part of
our services or website at any time, for any
or no reason, with or without prior notice,
and without liability.
OUR POLICY TO OBEY AND FOLLOW THE LAW
PLEASE NOTE ESPECICALLY THAT IT IS OUR CLEAR
DETERMINATION, INTENTION, AND POLICY TO
ASSIST AND COOPERATE WITH ALL LAW
ENFORCEMENT AGENCIES, PROSECUTING ATTORNEYS,
COURTS, ARBITRATION ADMINISTRATORS,
ARBITRATION ORGANIZATIONS, ARBITRATORS AND
COMPETENT AUTHORITIES TO THE FULLEST EXTENT
POSSIBLE. THIS MEANS THAT WE HAVE, SHALL
ALWAYS HAVE, AND FULLY RESERVE ALL RIGHTS,
AUTHORITY AND POWERS TO DISCLOSE OR SHARE
INFORMATION PROVIDED BY ANY MEMBER OR
VISITOR OR USER WITH ANYONE WE CHOOSE, IN
THE EXERCISE OF OUR SOLE AND COMPLETE
DISCRETION. FURTHER, WE WILL NOT HESITATE TO
CONTACT APPROPRIATE AUTHORITIES, IF WE HAVE
ANY CAUSE OR REASON TO BELIEVE THAT A CRIME
HAS BEEN COMMITTED OR IS BEING COMMITTED.
THIS MEANS THAT BY ACCESSING OUR WEBSITE,
ALL MEMBERS, VISITORS AND USERS GIVE US
THEIR FULLY INFORMED CONSENT TO THIS PRIVACY
POLICY, INCLUDING BUT NOT LIMITED TO THE
EXPRESS CONSENT RECORD ANY INFORMATION BY
ANY MEANS (AUDIO, VIDEO, TEXT) AND TO
DISCLOSE THE SAME TO ANYONE IN A POSITION OF
LAWFUL AUTHORITY.
DISPUTE RESOLUTION
WARNING
PLEASE NOTE THAT THIS IS INTENDED TO BE A
LEGALLY BINDING CONTRACT. THIS IS NOT IN ANY
WAY, SHAPE, FORM OR FASHION INTENDED TO BE
ANY KIND OF A “STANDARD CONTRACT.” SOME OF
THE TERMS AND PROVISIONS OF THIS CONTRACT
ARE COMMON TO MOST CONTRACTS, WHILE SOME OF
THE OTHER PROVISIONS ARE VERY MUCH PERCULIAR
TO THIS CONTRACT. IT IS IN THE PARTIES’ BEST
INTEREST TO VERY CAREFULLY READ THIS
CONTRACT WORD-FOR-WORD AND ITEM-BY-ITME. IF
THERE IS (ARE) ANY TERM(S) OR PROVISION(S)
THAT IS NOT FULLY UNDERSTOOD, PLEASE CONTACT
THE ATTORNEY OF YOUR CHOICE IN ORDER TO
OBTAIN APPROPRIATE LEGAL ADVICE. THE TERMS
AND PROVISIONS OF THIS CONTRACT WILL ALWAYS
CONTROL OVER ANY ORAL OR WRITTEN
EXPLANATION. THUS, THE PARTIES ARE HEREBY
EXPRESSLY WARNED NOT TO ENTER THIS CONTRACT
UNLESS EACH OF THEM FULLY UNDERSTANDS EACH
AND EVERY ONE OF HIS OR HER RESPECTIVE
RIGHTS, PRIVILEGES, DUTIES, OBLIGATIONS AND
REMEDIES HEREUNDER. THE PARTIES ARE HEREBY
GIVEN EXPRESS AND FAIR WARNING THAT THIS
CONTRACT INCLUDES, AMONG ITS EXPRESS WRITTEN
PROVISIONS, A MANDATORY BINDING ARBITRATION
AGREEMENT.
RELATIONSHIP TO THE UNDERLYING CONTRACT
The underlying privacy policy is in the
nature of a Contract (“Contract”). As such,
all rights, privileges, duties, obligations
and remedies contemplated by said Contract
shall be governed by the laws of the United
States of America as well as those of the
State of Florida, as if the same was a
contract wholly entered into and wholly
performed within the State of Florida;
without regard to any conflicts of law
principles. www.MyLoverXpert.com” or “we” or
“us” and USER (“User” or “member” or
“visitor” or “You”) hereby clearly,
distinctly and expressly agree that any
action to enforce the underlying Contract or
any matter or controversy between them
(arising under, associated with, connected
with or in any way relating to the Contract
and/or to any matters between us and you
shall be exclusively subject to mandatory
binding arbitration, as more fully set forth
below. SAID BINDING ARBITRATION
AGREEMENT/ADDENDUM, SET FORTH BELOW, SHALL
SURVIVE THE UNDERLYING CONTRACT IN ALL
RESPECTS.
BINDING ARBITRATION AGREEMENT PROVISION
By accessing our website(s) and using the
information or any service(s) therein
available and/or by purchasing any products
or services made available by and/or through
our website and/or any of our affiliates,
agents, representatives, dealers, employees,
successors, assigns, officers, directors,
shareholders, members, option holders,
interest holders, parents, subsidiaries,
and/or all other associated persons; OR BY
BECOMING ASSOCIATED WITH US IN ANY CAPACITY
WHATSOEVER, INCLUDING BUT NOT LIMITED TO THE
CAPACITY OF EXCLUSIVE OR NON-EXCLUSIVE USER
OR MEMBER, YOU HAVE ENTERED INTO THE
FOLLOWING MANDATORY BINDING ARBITRATION
AGREEMENT/ADDENDUM WITH US.
YOU AND US HEREBY EXPRESSLY AGREE THAT ANY
CLAIM OR DISPUTE ARISING UNDER, ASSOCIATED
WITH, CONNECTED WITH OR IN ANY WAY RELATING
TO THIS CONTRACT AS WELL AS ANY KIND OF
CLAIM OR DISPUTE, WHETHER RELATED TO THIS
CONTRACT (INCLUDING BUT NOT LIMITED TO ANY
AMENDMENTS, RENEWALS OR MODIFICATIONS OF
THIS CONTRACT) OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY KIND OF STATUTORY,
REGULATORY, COMMON LAW, CONTRACTUAL,
EXTRACONTRACTUAL, EQUITABLE OR TORT CLAIM(S)
OR DEFENSE(S), SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY AND THROUGH BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION IN ACCORDANCE WITH
SAID ORGANIZATION’S COMMERCIAL ARBITRATION
RULES (INCLUDING BUT NOT LIMITED TO THE
OPTIONAL EMERGENCY ARBITRATION RULES AND
PROVISIONS) IN EFFECT AT THE TIME THAT A
CLAIM OR ARBITRATION DEMAND IS FILED.
ACCORDINGLY, YOU AND US HEREBY EXPRESSLY
WAIVE OUR RESPECTIVE RIGHTS TO A HEARING OR
TRIAL, INCLUDING BUT NOT LIMITED TO ANY
RIGHT TO A JURY TRIAL BEFORE A COURT OF
GENERAL JURISDICTION.
YOU AND US ALSO HEREBY EXPRESSLY CONSENT TO
THE PERSONAL AND SUBJECT-MATTER JURISDICTION
OF THE AMERICAN ARBITRATION ASSOCIATION. ANY
AND ALL CLAIMS, DISPUTES OR CONTROVERSIES
SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS BASIS. NO ARBITRATION
CASE, MATTER OR PROCEEDING INVOLVING US AND
YOU SHALL BE COMBINED OR CONSOLIDATED WITH
THOSE THAT INVOLVE OR MIGHT INVOLVE ANY
OTHER PARTIES.
THIS MANDATORY BINDING ARBITRATION
AGREEMENT/ADDENDUM IS NOW AND SHALL AT ALL
TIMES BE BINDING UPON YOU AND US, AS WELL AS
OUR RESPECTIVE AGENTS, ATTORNEYS, COUNSELS,
ADVISORS, REPRESENTATIVES, AFFILLIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS,
MEMBERS, BENEFICIARIES, BENEFICIAL INTEREST
HOLDERS, SHAREHOLDERS, UNIT HOLDERS, OPTION
HOLDERS, EQUITY HOLDERS, ASSIGNEES,
TRANSFEREES, TRUSTEES, RECEIVERS AND/OR ANY
OTHER PERSON(S) AND/OR ENTITY(IES) ACTING OR
PURPORTING TO ACT FOR AND/OR ON BEHALF OR
INSTEAD OF YOU AND/OR US.
IN ADDITION, YOU AND US HEREBY EXPRESSLY
AGREE THAT ANY AND ALL COMMUNICATIONS,
INCLUDING BUT NOT LIMITED TO NOTICES OF
COMMENCEMENT OF ARBITRATION PROCEEDINGS OR
RELATING TO ANY KIND OF HEARINGS OR
PROCEEDINGS TO COMPEL, CONTEST OR ENFORCE
ARBITRATION (INCLUDING BUT NOT LIMITED TO
COURT PROCEEDINGS TO ENFORCE ARBITRATOR’S
SUBPOENAS AND/OR ANY KIND OF INITIAL,
INTERIM, PRELIMINARY, STATUS QUO, FINAL,
ADDITIONAL, POST-FINAL, SUPPLEMENTAL OR
APPELLATE ARBITRAL AWARDS) MAY BE SERVED BY
EITHER PARTY UPON THE OTHER PARTY BY E-MAIL,
FAX, UNITED STATES FIRST-CLASS REGULAR MAIL,
UNITED STATES CERTIFIED OR REGISTERED MAIL,
FED EX, UPS, DHL OR PERSONAL DELIVERY. ANY
AND ALL SUCH COMMUNICATIONS AND NOTICES
SHALL BE DEEMED TO HAVE BEEN RECEIVED BY THE
INTENDED RECEIPIENT WHEN SENT BY EITHER
PARTY.
FURTHER, ANY CLAIM(S), CONTROVERSY(IES),
DISPUTE(S) OR DEFENSE(S) CONCERNING OR IN
ANY WAY RELATING TO THE VALIDITY OF THIS
BINDING ARBITRATION AGREEMENT/ADDENDUM OR
THE ARBITRABILITY OF ANY GIVEN CLAIM(S),
CONTROVERSY(IES), DISPUTE(S) OR DEFENSE(S)
SHALL LIKEWISE BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED
BY THE AMERICAN ARBITRATION ASSOCIATION, IN
ACCORDANCE WITH SAID ORGANIZATION’S
COMMERCIAL ARBITRATION RULES IN EFFECT AT
THE TIME THAT A CLAIM OR ARBITRATION DEMAND
IS FILED. THE SCOPE OF THIS PROVISION SHALL
AT ALL TIMES BE DEEMED TO INCLUDE BY WAY OF
SPECIFIC EXAMPLE BUT WITHOUT IN ANY MANNER
LIMITING THE GENERALITY THEREOF, ANY AND ALL
STATUTORY CLAIMS, REGULATORY CLAIMS,
CONSTITUTIONAL CLAIMS, COMMON LAW CLAIMS,
EQUITABLE CLAIMS, TORT CLAIMS, CONTRACTUAL
CLAIMS, EXTRA-CONTRACTUAL CLAIMS, DEFENSES,
AFFIRMATIVE DEFENSES, COUNTE-CLAIMS,
CROSS-CLAMS, THIRD-PARTY CLAIMS OR ANY OTHER
MATTER OR CONTROVERY WHATSOEVER. THIS MEANS
THAT, NOTWITHSTANDING ANY OTHER LAWS, ANY
AND ALL MATTERS INCLUDINGBUT NOT LIMITED TO
BANKRUTPCY CLAIMS AND PROCEEDINGS SHALL BE
REFERRED TO MANDATORY BINDING ARBITRATION IN
ACCORDANCE WITH THIS AGREEMENT.
Notwithstanding any choice of law provision
included in this Contract or the operation
of any conflicts of law principles, this
binding arbitration agreement provision is,
in all respects, controlling, separate and
apart from the underlying Contract, and is
subject to the Federal Arbitration Act (9
U.S.C. §§ 1-16) as well as the New York
Convention on the Enforcement of Foreign
Arbitral Awards (9 U.S.C. §§ 201-208 or as
codified in the nation or jurisdiction where
enforcement of the award is sought). THIS
MEANS THAT IF THERE IS (ARE) ANY CONFLICT(S)
OR INCONSISTENCY(IES) BETWEEN ANY TERM(S) OR
PROVISION(S) OF THIS BINDING ARBITRATION
AGREEMENT PROVISION AND THE UNDERLYING
CONTRACT, THIS BINDING ARBITRATION AGREEMENT
PROVISION WILL CONTROL IN ALL RESPECTS.
Any and all hearings and proceedings
contemplated under the binding arbitration
agreement provision shall be held as
provided by the American Arbitration
Association’s Commercial Arbitration Rules
(including but not limited to the optional
rules relating to emergency matters) and if
any in-person Hearing is required, it shall
be held in Tampa, Hillsborough County,
Florida. Each party shall bear its own
costs, including but not limited to legal
advice; legal assistance; legal counsel;
legal guidance; representation; technical
assistance; witness preparation; discovery;
clerical; translation; and research services
required to complete arbitration. In
addition, each party shall be responsible
for paying their respective arbitration
filing fees; arbitrator’s fees; and court
filing fees, in accordance with the rules
and regulations promulgated by the American
Arbitration Association and the United
States federal court system.
The Federal Arbitration Act; the New York
Convention; and, the American Arbitration
Association’s Commercial Arbitration Rules
(including but not limited to the optional
rules relating to emergency matters) shall
govern all arbitration proceedings,
including but not limited to matters
concerning pre-hearing discovery. However,
all issues and matters relating to the
existence and applicability of any kind of
privilege, matters regarding the free
exercise of religion, and the right to a
fundamentally fair arbitration proceeding
shall be governed by the following
standards:
1. The arbitrator shall be expressly bound
and obligated to apply the Florida
Constitution’s Declaration of Rights
(codified at Article I, Sections 1 through
24) and the Florida Evidence Code (codified
at Chapter 90, Florida Statutes) in effect
as of December 31, 2006, including but not
limited to the case law construing or
interpreting the foregoing body of law (in
effect and published as of December 31,
2006), to resolve any and all claims,
defenses, issues and matters based on the
existence, applicability, extent or scope of
any kind of privilege, confidentiality or
exemption from disclosure.
2. The arbitrator shall be expressly bound
and obligated to apply the Florida
Constitution’s Declaration of Rights
(codified at Article I, Sections 1 through
24) and the Florida Religious Freedom
Restoration Act (codified at Chapter 761,
Florida Statutes) in effect as of December
31, 2006, including but not limited to the
case law construing or interpreting the
foregoing body of law (in effect and
published as of December 31, 2006), to
resolve any and all claims, defenses, issues
and matters based on conscience or the free
exercise of religion.
3. The arbitrator shall be expressly bound
and obligated to apply the Florida
Constitution’s Declaration of Rights
(codified at Article I, Sections 1 through
24) and the Florida Rules of Judicial
Administration in effect as of December 31,
2006, including but not limited to the case
law construing or interpreting the foregoing
body of law (in effect and published as of
December 31, 2006), to resolve any and all
claims, defenses, issues and matters
regarding the disqualification of any
arbitrator or the right of any party to make
an accurate, correct and complete record of
all proceedings before an arbitrator.
4. The arbitrator shall be expressly bound
and obligated to apply the Florida Civil
Theft Act, codified at Chapter 772, Florida
Statutes, in effect as of December 31, 2006,
as a basis for calculating the amount of
liquidated treble damages payable to US on
account of YOUR wrongful or harmful conduct.
5. Each and every subpoena issued by an
arbitrator may be enforced in any court
having proper jurisdiction in accordance
with the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C.
§§ 201-208, in effect as of December 31,
2006 or as codified in the jurisdiction
where enforcement of the award is sought as
of the aforementioned date) as well as the
Federal Rules of Civil Procedure in effect
as December 31, 2006.
6. No judge, magistrate or any other
judicial or quasi-judicial officer,
including but not limited to any
administrative law judge or bankruptcy judge
or bankruptcy referee or federal magistrate
judge shall have any authority, discretion
or power to abate, enjoin, stay or otherwise
limit any kind of arbitration proceedings
pursuant to this mandatory binding
arbitration provision.
7. Judgment on any kind of arbitral award
(INCLUDING BUT NOT LIMITED TO ANY KIND OF
INITIAL, INTERIM, PRELIMINARY, STATUS QUO,
FINAL, ADDITIONAL, POST-FINAL, SUPPLEMENTAL
OR APPELLATE ARBITRAL AWARDS) may be entered
primarily in the United States District
Court for the Middle District of Florida,
Tampa Division or the United States District
Court for the District of Columbia at
Washington, District of Columbia. In
addition, judgment may also been entered in
any court in the United States of America or
any other nation that has proper
jurisdiction in accordance with the
standards set forth in the New York
Convention on the Enforcement of Arbitration
Awards (See: 9 U.S.C. §§ 201-208).
We, the undersigned signatories for YOU and
US hereby expressly certify that each of us
have had a reasonable opportunity to
carefully review the underlying Contract as
well as (but not necessarily limited to) the
foregoing binding arbitration agreement
provision; independently consult with our
respective legal counsel; and, are satisfied
that each and every term/ and provision in
the underlying Contract as well as the
foregoing binding arbitration agreement
provision sets forth our entire agreement
and understanding. In addition, we certify
that all previous agreements and
understandings have been merged into the
underlying Contract and the foregoing
binding arbitration agreement provision;
there are no separate agreements (oral,
written or otherwise); the underlying
Contract as well as the foregoing binding
arbitration agreement provision represent(s)
our entire agreement; and, further that no
term or provision of any prior, concurrent
or subsequent agreement is binding upon
either YOU or US, unless the same has been
incorporated by reference and made an
integral part of either the underlying
Contract or the foregoing binding
arbitration agreement/addendum.
USE OF THIS SITE DEEMS THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.