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.

 

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