Privacy Policy & Terms of Use

TERMS OF USE

Acceptance of the Terms of Use

Thank you for your interest in joining BeLovedNow. Please carefully read the Terms of Use and our Privacy Policy, which are both incorporated by reference, before you start to use the Website, and make sure you understand them. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.

These terms of use are entered into by and between You and BELOVEDNOW LLC (“BeLovedNow”, “we” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of the website available at Belovednow.org and any smartphone, tablet, or other application associated with the website, including any content, functionality and services offered on or through the website and related websites or applications (individually and collectively “the Website”), whether as a guest, a registered user, or a family member of relative of a registered user.

  1. Definitions
    1. “Privacy Policy” refers to our policies, procedures and practices regarding your privacy and the information we obtain from you (which is incorporated by reference and also available on our Website).
    2. “Submissions” refers to what you post, upload, input, provide or submit to the Website or its associated services or any other user-generated contribution.
    3. “Terms of Use” refers to the list of terms, conditions, disclaimers, and other information within this agreement.
    4. “User” or “You” refers to any user or person who uses the Website or any person for whom the website is used on their behalf.
    5. “We”, “Us”, or “BeLovedNow” refers to the administrators of this website.
    6. “Website” refers to the site Belovednow.org as well as any smartphone, tablet or other application associated with the website, including any content, functionality and services offered on or through Belovednow.org and related website or applications.
  2. Accessing the Website, User Accounts and Account Security
    1. Registration
      1. To access the Website or some of the resources it offers, you must create an account for the Website. When creating an account, you may be asked to provide certain registration details or other information. It is a condition of your access to and use of the Website that all the information you provide to the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
      2. We may allow new users to enjoy a free trial of the Website. This trial period will last a limited period of time and may vary at our sole discretion. Once the free trial has ended, you will be required to pay a subscription fee to access the Website. There will be no charge if you cancel your subscription during the trial period. If you have not cancelled your subscription by the last day of the trial, you will be charged the applicable annual fee on the following day for your continued access to the Website. If you cancel your subscription after the end of your trial period, your subscription will terminate at the end of your current subscription term and you will therefore not be issued a refund for the remainder of your subscription term.
      3. At the end of your subscription term, your subscription will be automatically renewed and your account will be charged accordingly. To avoid the automatic renewal, you must cancel your subscription before the renewal date at the end of your subscription term.
      4. We reserve the right to change the annual fee charged to new users.
    2. Access Requirements
      1. Age Requirement: Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website or use the Website.
      2. Geographical Requirement: We provide the Website for users within the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside of the United States, you do so on your own initiative and are responsible for compliance with local laws.
    3. Account Information
      1. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity other than for normal use of the Website (such as posting a review for a product from your account). You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
      2. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
    4. Your Information
      1. All information we collect on this Website is subject to our Privacy Policy, which is incorporated by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
    5. We reserve the right to withdraw or amend this Website and any content, service, or material we provide on the Website, in our sole discretion without notice. This includes the rights to suspend your ability to access or use parts or all of the Website, to close your account and to ban you from the Website. In such cases, we have no obligation to retain or provide you with copies of what you post, upload, input, provide or submit to the Website or its associated services or any other user-generated contribution (“Submissions”).
    6. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. The Website may also be unavailable periodically for maintenance and improvements.
    7. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
  3. Prohibited Uses
    1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
      1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
      2. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm BELOVEDNOW LLC or users of the Website or expose them to liability.
    2. Additionally, without limiting the foregoing, you must comply with the following Content Standards, under which you agree not to:
        Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
      1. Promote any business, commercial event, or other entity outside of the Website’s typical purposes (such as providing relevant, honest, and accurate reviews and recommendations) except as expressly authorized by BELOVEDNOW LLC (i.e. transmitting, or procuring the sending of, any advertising material without prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation).
      2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
      3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
      4. Use any device, software or routine that interferes with the proper working of the Website.
      5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
      6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
      7. Attack the Website via a denial-of-service attack or a distributed denial-ofservice attack.
      8. Otherwise attempt to interfere with the proper working of the Website.
      9. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
      10. Solicit personal any information from minors.
      11. Submit or transmit pornography.
  4. Reliance on Information Posted
    1. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Nor do we warrant the accuracy, completeness or usefulness of user-generated feedback reviews, recommendations, ratings or other Submissions or information posted, submitted, published or disclosed by third-parties. Any reliance you place on information on the Website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Additionally, the materials and information posted by third-parties, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials and information do not necessarily reflect our opinion.
  5. Materials Provided to BELOVEDNOW LLC or Posted at any BeLovedNow Website
    1. BELOVEDNOW LLC does not claim ownership of the materials you provide to BELOVEDNOW LLC (including feedback and suggestions) or other Submissions. However, by posting, uploading, inputting, providing or submitting your Submission, you are granting BELOVEDNOW LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
    2. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
    3. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, publish or submit the Submissions.
  6. Links from the Website
    1. We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use and the privacy policies for such websites. The inclusion of these links does not imply our endorsement of the sites or any association with its operators.
  7. Intellectual Property Rights
    1. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by BELOVEDNOW LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
    2. Any Submission you post to the Website will be considered non-confidential and non-proprietary. By posting your Submission, you grant us, our affiliates and our services providers (and our and their respective licensees, successors and assigns) the royalty-free, irrevocable, perpetual, exclusive, unrestricted, worldwide license to use, reproduce, modify, perform, display, distribute andotherwise disclose to third parties any such material.
    3. These Terms of Use permit you to use the Website only for your personal, noncommercial use unless we have given you express authority to the contrary. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
      1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
      3. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
    4. You must not:
      1. Modify copies of any materials from this site.
      2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
      3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
    5. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
    6. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by BELOVEDNOW LLC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
    7. Trademarks: The BeLovedNow name, the BeLovedNow logo, and all related names, logos, product and service names, designs and slogans are trademarks of BELOVEDNOW LLC or its affiliates or licensors. You must not use such marks without prior written permission from BELOVEDNOW LLC. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
    8. Notices and Procedure for Making Claims of Copyright Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to our designated contact person, shown below. ANY INQUIRIES THAT ARE NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
      1. If you believe any of the content on our Website infringes your copyright, please provide our agent with the following information in writing:
        1. a description of the copyrighted work you believe has been infringed;
        2. information sufficient to identify the location of the allegedly infringing material on our Website;
        3. your address, telephone number, and email address;
        4. a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
        5. a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner;
        6. your physical or electronic signature.
      2. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may take other action against the person or persons responsible for posting or transmitting the infringing material.
      3. You must submit any claims in writing to the following Designated Agent:
        Walter B. Welsh
         Whitmyer IP Group
         600 Summer Street
         Stamford, CT 06901
  8. Disclaimer of Warranties
    1. BELOVEDNOW LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
    2. In accordance with Links from the Website above, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    3. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BELOVEDNOW LLC NOR ANY PERSON ASSOCIATED WITH BELOVEDNOW LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
    4. WITHOUT LIMITING THE FOREGOING, NEITHER BELOVEDNOW LLC NOR ANYONE ASSOCIATED WITH BELOVEDNOW LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    5. BY USING THE WEBSITE, YOU AGREE NOT TO HOLD BELOVEDNOW LLC LIABLE FOR ANY DAMAGES RESULTING FROM INFORMATION OBTAINED FROM THE WEBSITE’S CONTENT, SUCH AS INACCURATE REVIEWS, RECOMMENDATIONS, POSTS, OR OTHER SERVICES.
    6. BY USING THE WEBSITE, YOU AGREE TO READ THE LABELS ON THE PRODUCTS RELATED TO THE WEBSITE, USER-GENERATED CONTENT OR BELOVEDNOW AFFILIATIONS THAT YOU PURCHASE, RECEIVE OR CONSUME.
    7. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  9. Limitation on Liability
    1. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BELOVEDNOW LLC AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $200 OR THE AMOUNT YOU HAVE PAID TO BELOVEDNOW LLC FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
    2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  10. Release
    1. As a condition of your use of the Website, you hereby waive and release any and all claims, causes of action or other rights against BELOVEDNOW LLC or any related parties arising out of or relating to your use or inability to use the Website or your reliance on any BeLovedNow or Website content.
  11. Indemnification
    1. You agree to defend, indemnify and hold harmless BELOVEDNOW LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
  12. Governing Law and Jurisdiction
    1. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).
    2. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States in Connecticut or the courts of the State of Connecticut, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  13. Arbitration
    1. At BELOVEDNOW LLC’s sole discretion, we may require you to submit any disputes arising from a violation of these Terms of Use or the use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Connecticut law.
  14. Waiver and Severability
    1. No waiver by BELOVEDNOW LLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BELOVEDNOW LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
    2. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated from the Terms of Use or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  15. Changes to the Terms of Use or Privacy Policy
    1. We may revise and update these Terms of Use or the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them, and changes apply to all access to and use of the Website thereafter.
    2. Your continued use of the Website following the posting of revised Terms of Use or the revised Privacy Policy means that you accept and agree to the changes. You are expected to check these Terms of Use and Privacy Policy periodically so that you are aware of any changes.
  16. Changes to the Website
    1. We may update the Website’s content and Submissions periodically or when needed, but such information is not necessarily complete, accurate or reliable. We are under no obligation to ensure information is updated.
  17. Entire Agreement
    1. The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and BELOVEDNOW LLC with respect to the Website. This agreement supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Last modified: March 25, 2020