Heather Hans TV, heatherhans.com, the Channel of Love and the features and services you will find here, such as embedded video programs, and RSS feeds (this “Site”) are owned by Love Heals Productions, LLC, a Colorado limited liability company.
THIS IS A CONTRACT
BY USING THE SITE, YOU ARE AGREEING TO THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE. As used in this Agreement, “we,” “our” and “us” means Love Heals Productions, LLC.
RULES FOR INTERPRETATION
To help ensure that we all read and understand this Agreement the same way, here are a few rules of interpretation that apply to this Agreement:
- “or” is not exclusive and includes “and/or”;
- “including” means “including, without limitation”;
- headings do not affect interpretation;
- unless the context clearly requires otherwise (i) singular includes plural and plural includes singular, and (ii) words of one gender include all genders;
- all sums of money stated herein are U.S. Dollars;
- references to Users or persons shall be deemed to include individuals, companies, corporations, bodies corporate, limited liability companies, firms, partnerships, joint ventures, incorporated and unincorporated associations, organisations, trusts, states or agencies of state, government departments and local and municipal authorities, in each case whether or not having separate legal personality; and
- unless the context clearly requires otherwise, the terms “herein,” “hereunder,” “hereby,” “hereto,” “hereof” and any similar terms refer to this Agreement as a whole and not to any particular Section.
We reserve the right to amend this Agreement at any time by modification, addition or deletion, and any such amendment will be effective upon posting here. Your continued use of the Site after any amendment constitutes your acceptance of the amended Agreement.
We do not monitor posts or comments by Users. You may be exposed to User content that may be inaccurate, offensive, indecent, or objectionable. We are not liable for any damages or losses resulting from User content. You will provide us with your email address when you register and pay for our broadcast services. By doing so, you consent to our using the email address to send you any notices required by law, along with other messages, including special offers and marketing, sales and promotional materials.
Love Heals Productions, LLC and third parties acting on our behalf may send you e-mail notifications to provide important information. You may opt out from receiving e-mails by selecting the “opt out” feature in each e-mail. However, even if you opt out you agree that you will still be held responsible for the information contained in these e-mails.
The Site may change or information or services available on the site may be discontinued at any time, and without notice. Information on the Site may be out of date, and Love Heals Productions, LLC makes no commitment to update this information on the site.
NO PERSONAL OR PROFESSIONAL ADVICE
This Site is for informational and entertainment purposes only and is not intended to replace or substitute for any professional psychological, medical, legal, financial or other advice. In addition to the "Disclaimer of Warranties and Limitation on Liability" below, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Site. If you have specific concerns or a situation in which you require professional, medical or counseling advice, you should consult with an appropriately trained and qualified specialist.
THIS SITE MAY OFFER HEALTH AND OTHER SUCH INFORMATION, BUT THE INFORMATION IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THIS SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL, OR PSYCHIATRIC ADVICE, OR PSYCHOLOGICAL COUNSELING AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE, PSYCHOTHERAPY, OR PSYCHOLOGY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE OR COUNSELING, DIAGNOSIS, OR TREATMENT. LOVE HEALS PRODUCTIONS, LLC IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THIS SITE OR ANY BROADCAST FROM THIS SITE.
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
REGISTRATION AND ACCOUNTS
You may register to use the Site via an online registration form and create a user account (your “Account”) in order to pay for and access certain features on the Site. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of this User Agreement. You are responsible for keeping your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. We are not liable or responsible for any loss or damage caused by unauthorized use of your Account, regardless of the reason.
You authorize us to charge you for use of certain Site features, at the specified prices, at such times as you specify upon registration and continuing until you cancel your Account. If you purchase a monthly subscription mid-month, you will have access to all features from the first date of the month of your subscription. Our prices are subject to change at any time by us without any specific notice to you, any price change is effective upon posting on the Site. All payments are in United States dollars. You may cancel your Account at any time, by adjusting the automatic billing setting or removing your credit card information from your Account, using the “Account Settings” link provided. We will make best efforts, but shall have no obligation, to honor e-mail and telephone requests to cancel an Account. If you do not receive a confirmation e-mail, it is your responsibility to verify that your cancellation took place. This agreement survives cancellation of your membership. There are no refunds for any unused portion of your subscription or purchase.
RULES OF USE
You are responsible for all of your actions on this Site, and you may not engage in any behavior that violates this Agreement.
You must comply with all applicable laws, ordinances, rules, and regulations regarding use of the Site, and will not access the Site from jurisdictions where it is illegal or prohibited. Users are responsible for complying with all local rules, laws, and regulations.
You promise you shall not use the Site to engage in, or assist others to engage in, any of the following:
- Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Sublicense to, transfer, network, transmit, distribute, or permit use of the Site by any third party
- Reverse engineer, decompile, or disassemble any aspect of the Site or set up competing networks such as shadow servers, or pirate servers;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other Users;
- Transmit or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit any software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Stalk or otherwise harass another person;
- Modify, delete or damage any information contained on the personal computer of any other User;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Promote terrorism, abuse, libel, hate, personal injury, property damage, violence, or intolerance
- Defame any person
- To collect information about others (such as e-mail addresses or other personally identifiable information) without their consent
- To Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment
- Launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
USER CONTENT – USERS’ POSTS
Forums, message boards, chat rooms, networking areas, or blogs, comment features, or other interactive areas on the Site (collectively, "User Forums") are provided to give Users a place to express their opinions and share their ideas and information. Users may be able to upload or otherwise submit information, data, messages, suggestions, photographs, audio, video, text, and other materials to the Site through User Forums and other Site features ("User Content"). We do not endorse the User Content posted on the Site. We reserve the right, but are not obligated, to reject, delete, move or edit User Content in whole or in part, for any reason in our sole discretion, and to suspend or terminate your access to the Site and pursue all legal remedies if we believe your User Content infringes another's copyright or otherwise violates any law, rule or regulation.
You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal profiles. Love Heals Productions, LLC does not take any responsibility for the accuracy of any information, ideas or opinions posted by Users. By posting any information or other content on the Site, you have authorized Love Heals Productions, LLC to publish such materials in any manner desired without any obligation to compensate you or anyone else.
If you post personal information in User Forums or on other publicly available areas of the Site then you may receive unsolicited communications or messages from third parties. Under no circumstances will we be liable in any way for any of your User Content. Your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners.
Love Heals Productions, LLC may monitor and delete any content that we, in our sole discretion, believe violates the terms of the this Agreement or which may be illegal or offensive, or which poses a threat to the rights or safety of other Users. Prohibited content includes anything that:
- Is unlawful, defamatory, harassing, inciting, threatening, hateful, harmful, bigoted, racially offensive or otherwise objectionable;
- Interferes with another user’s rights to privacy;
- Displays sexually explicit material of any kind;
- Encourages criminal conduct, gives rise to civil liability or violates any law or regulation;
- Contains any personally identifiable information about another use without that person’s express consent;
- Uses false or misleading e-mail addresses or impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity;
- Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse); or
- Advertises or sells any goods or services
Any User who feels that a posted message is objectionable is encouraged to Contact Us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time, if we determine that removal is necessary.
Love Heals Productions, LLC is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Site.
Each User represents and warrants that User is the owner of (or have all the rights and permission required to use) all intellectual property in the content you post and have the written consent of each and every identifiable natural person in the content to use such person's name or likeness in the manner contemplated. Each person has released you from any liability that may arise in relation to such use. The User Content, and use of the User Content on the Site will not infringe any intellectual property rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of these Terms or any Additional Terms.
By posting any content on the site, you expressly grant, and you represent and warrant that you have a right to grant, to Love Heals Productions, LLC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User content including, without limitation, your name, voice, or likeness as contained in your User content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
You hereby irrevocably assign all worldwide rights, title and interest in and to all of your User content posted; and, hereby waive and release Love Heals Productions, LLC from any claims that you now have or may hereafter have, known or unknown relating to or resulting from your User content including, without limitation, infringement or violation of any privacy right or obligation of confidentiality.
No User Submissions
We do not accept or consider creative ideas, suggestions or materials that we do not specifically request from you. We ask that you do not submit or send any such materials directly to us. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information to us, such creative material shall become our property, and we have the right to display, copy, use, sublicense, transmit, publicly perform or publish such material for any purpose we desire . In addition, you waive all “moral rights” in the materials and agree that none of the material shall be subject to any compensation, obligation of confidentiality on the part of Love Heals Productions, LLC.
DISCLAMER OF WARRANTIES
Except as otherwise expressly provided, all content, information, services and tools and on this Site are provided on an “As Is”, “As Available” basis. Use of this Site is solely at your own risk.
THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, LOVE HEALS PRODUCTIONS, LLC, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SITE OR USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
To the extent permissible by law, Love Heals Productions, LLC expressly disclaims any and all other warranties and makes no representation as to whether online donations are tax deductible. Electronic Communications Privacy Act Notice (18 USC §2701-2711): LOVE HEALS PRODUCTIONS, LLC MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. Love Heals Productions, LLC is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other User content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.
LIMITATION OF LIABILITY
IN NO EVENT WILL Love Heals Productions, LLC AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY Love Heals Productions, LLC OR AN AUTHORIZED Love Heals Productions, LLC RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE Love Heals Productions, LLC AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THIS SITE.
IN NO EVENT WILL Love Heals Productions, LLC’S LIABILITY TO YOU FOR ANY AND ALL OF YOUR CLAIMS AGAINST Love Heals Productions, LLC AND ITS AFFILIATES ARISING OUT OF OR RELATED TO USE OF THIS SITE OR ITS CONTENTS THEREOF OR ANY HYPERLINKED WEB SITE EXCEED THE ACTUAL DIRECT DAMAGES INCURRED AS MEASURED BY THE TOTAL REVENUE RECEIVED BY Love Heals Productions, LLC RESULTING FROM YOUR USE OF THE SERVICE DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM IS MADE.
You agree at your expense to indemnify, defend and hold harmless Love Heals Productions, LLC and its affiliates from any and all loss, damage or liability including reasonable attorney’s fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Site; (2) your use of this Site in breach of any term or condition in this Agreement; and (3) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct.
We may provide links to third-party websites or services and may link you automatically to sponsors or third-party’s websites or services. We provide such links solely as a convenience to you. We do not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
Information that you submit to Love Heals Productions, LLC may be transferred to countries outside the European Economic Area (“EEA”). For example, our servers are in the United States. If we transfer your information outside the EEA in this way, we will take steps to protect your privacy rights.
Notwithstanding the foregoing, we do not guaranty the confidentiality or privacy of any communication or information transmitted using the Site or any website linked to our Site. We are not liable for the privacy of email addresses, registration and identification information, communications, confidential information, or any other User content stored on our equipment, transmitted over networks accessed by using our Site.
We have implemented commercially reasonable security features designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
COPYRIGHT AND INTELLECTUAL PROPERTY
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site and all broadcasts and presentations from this Site are copyrighted as a collective work under the United States copyright laws. Love Heals Productions, LLC owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Love Heals Productions, LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof, and believe that any User content hosted on this Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Site to locate the material;
- Information reasonably sufficient to permit the Site to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Love Heals Production’s registered copyright agent to receive notifications of claimed infringement is:
If you fail to comply with all of the requirements of this section your DMCA notice may not be valid.
Love Heals Productions, LLC Heather Hans, Heather Hans TV Channel of Love the Heather Hans logo and any other product and service names that we may present on the Site are trademarks or registered trademarks of Love Heals Productions, LLC. Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Love Heals Productions, LLC or third-party trademarks without first receiving the express permission of both Love Heals Productions, LLC and the trademark owner.
- You may not utilize framing techniques to enclose any Love Heals Productions, LLC trademark or logo without our express written consent
- You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or Love Heals Productions, LLC’s name or trademarks without our express written consent
- You may not deep-link to the Site and will promptly remove any links that Love Heals Productions, LLC finds objectionable in its sole discretion.
- You may not use any logos, graphics, or trademarks of Love Heals Productions, LLC or those related to the Site as part of the link without our express written consent.
RESOLUTION OF DISPUTES - ARBITRATION
This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. You agree that any disputes or claim arising out of or in connection with this Agreement shall be adjudicated in Denver County, Colorado. Any provision of this Agreement that is found to be invalid or unenforceable will be replaced by a valid and enforceable provision that achieves, as near as possible, the same objectives as the deleted provision was intended to achieve. The remaining provisions of this Agreement shall remain in full force and effect. The failure of Love Heals Productions, LLC to act with respect to a breach by you does not waive the right of Love Heals Productions, LLC to act with respect to similar future breaches. This agreement shall be binding upon each party’s successors and assigns. Love Heals Productions, LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Love Heals Productions, LLC’s reasonable control. Any notice required or given to you under this Agreement shall be sent to the e-mail address you provided by you upon registration. Except as otherwise expressly provided, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law or in equity. YOU AND Love Heals Productions, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STIE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(a) Any and all disputes, controversies, claims and conflicts arising out of or in connection with this Agreement or its performance, including disputes on its validity, conclusion, binding effect, breach, nature, amendment, expiration and termination, shall be resolved through binding arbitration conducted under the Colorado Uniform Arbitration Act, C.R.S. § 13-22-201, et seq. with a single arbiter, andn administered by Judicial Arbitrator Group, Inc., 1601 Blake St, Suite 400, Denver, CO 80202, Tel 303-572-1919, Fax 303-571-1115 (“JAG”) in Denver, Colorado . If JAG is no longer in existence, then Love Heals Productions, LLC shall nominate a replacement arbitrator group located in Denver, Colorado. The arbitrator shall use his reasonable efforts to schedule and complete the arbitration within 90 days after the arbitrator is selected, and may participate in any depositions.
(b) The arbitrator shall be selected from JAG’s panel of arbitrators, shall be impartial and independent, and shall be knowledgeable and experienced in the subject matter of the arbitration. The arbitral proceeding shall accord to each of the parties the right of cross-examination of witnesses, the right to provide witnesses including expert witnesses, and the right to make both written and oral submissions.
(c) The Users are bound, each to each other, by this arbitration clause. Each User agrees that he or she may be joined as an additional party to an arbitration involving any other party or parties under this Agreement. If more than one arbitration is begun under this Agreement and any party thereto contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator(s) selected in the first-filed of such proceedings shall determine whether, in the interests justice and efficiency, the proceedings should be consolidate before that arbitrator.
(d) All costs of arbitration shall, unless the arbitral award provides otherwise, be shared equally by the parties. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute; provided, however, that the arbitrator may award attorneys’ fees and costs.
(e) No party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute arising from or in relation to this Agreement except in connection with the recognition or enforcement of an arbitral award granted pursuant to this clause.
(f) Any arbitration proceeding under this Agreement must be commenced no later than one year after the controversy or claim arises. Failure timely to commence an arbitration proceeding is both an absolute bar to the commencement of arbitration proceedings with respect to the controversy or claim and a waiver of the controversy or claim.
(g) Relief. Any party is entitled to apply to the arbitrator seeking interim or provisional relief until the arbitration award is rendered or the controversy is otherwise resolved. The arbitrator has the authority to issue orders granting interim or provisional relief.
(h) Right to Appeal. Any party has the right to appeal the arbitrator’s award to an appellate arbitrator by filing with JAG, no later than 20 days after transmittal of the award, a written brief, not to exceed 20 pages, stating the reasons why the arbitrator’s decision should be reversed or modified. The opposing party shall file with JAG and serve on the appealing party, no later than 20 days after receiving the appeal brief, an opposition brief, not to exceed 20 pages. The JAG is to appoint the appellate arbitrator who is to be a retired judge of a court of record in the State of Colorado. The JAG is to make this appointment directly, without submission of lists of proposed arbitrators, and the party filing the appeal must pay all JAG costs and the costs and fees of the appellate arbitrator related thereto.
(i) Oral Argument; Appellate Decision. Either party has the right to request oral argument, which must be conducted no later than 14 days after the submission of the final brief. The appellate arbitration is to be based only on the record of the initial hearing and oral argument, if any. The appellate arbitrator is to render a written decision no later than 20 days after receiving the final appellate submissions. The appellate arbitrator’s decision may be a final decision or it may affirm, reverse, modify or remand the matter for further proceedings by the arbitrator or arbitral panel. However, the reversal, modification or remand may only be on one of the following grounds:
(i) Any ground specified in 9 U.S.C. §§ 10 or 11.
(ii) The award contains material errors of applicable law.
(iii) The award is arbitrary or capricious.
This Agreement is the complete and entire understanding and agreement between Love Heals Productions, LLC and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and Love Heals Productions, LLC including prior versions of the Agreement. As a user of the Site you, you understand and are held responsible for periodically reviewing the terms of this Agreement. Love Heals Productions, LLC may update this Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you except that we will post the effective date at the top of the Agreement. Any continued use of the software or Love Heals Productions, LLC service by you after such amendments have been posted shall be deemed your acknowledgement and consent to the amended terms.
Updates To This Agreement
Dated: March 8, 2013