fbpx

Terms of Use

Last Modified: Nov 3, 2023 

Table of Contents 

  1. Acceptance of the Terms of Use
  2. What PSLoved can do for You
  3. Territory and Scope of our Services.
  4. Changes to the Terms of Use.
  5. Your Privacy and Personal Information.
  6. Accessing the Services.
  7. Registration.
  8. Account Termination.
  9. 9. Your Responsibilities When Using Our Services.
  10. 10. Our Communications with You.
  11. 11. Special Promotions;
  12. 12. Intellectual Property

12.1  Our Ownership 

12.2 Your Use of Our Intellectual Property 

12.3 Prohibited Uses 

12.4 User-Generated Content 

12.5 Monitoring and Enforcement of User-Generated Content 

12.6 User Feedback 

12.7 Social Media 

12.8 Content Standards 

12.9 Intellectual Property Rights of Third Party Content Licensors 

12.10 Digital Millenium Copyright Act 

  1. 13. Payments and Refunds.
  2. 14. Additional Terms.
  3. 15. Certain Third-Party Integrations.
  4. 16. Certain Third-Party and Retailer Relationships.
  5. 17. Linking Policy.

17.1 Links to Website 

17.2 Links from Services 

17.3 Our Links to Third Parties 

18 Mobile Integrations. 

  1. 19. Warranties; Disclaimers; Limitations on Liability

19.1 No Reliance on Materials 

19.2 General Disclaimer of Warranties 

19.3 Limitations on Liability 

  1. 20. Indemnification.
  2. 21. Arbitration
  3. 22. General Terms and Conditions.

22.1 Governing Law and Jurisdiction 

22.2 Waiver and Severability 

22.3 Entire Agreement 

  1. 23. Additional Links
  2. 24. Contact Us

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

Acceptance of the Terms of Use. 

These terms of use are entered into by and between You and PSLoved, Inc. (“Company,” “we,” or “us“). The following terms and conditions, together with any documents or policies they expressly incorporate by reference, including without limitation the Privacy Policy, Arbitration Agreement, and End User License Agreement (collectively, “Terms of Use“), govern your access to and use of www.PSLoved.com (the “Website”), the PSLoved mobile application (the “App,” with the Website and any other online services we offer, our “Services”), including any content, functionality, and services offered on or through either, whether as a guest or registered user. 

Please read the Terms of Use carefully before you start to use the Services. By using our Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, agree to these Terms of Use or the Privacy Policy, you must not access or use our Services. 

What PSLoved can do for You. 

  • Prepare all your estate planning needs in one place (legal living will, healthcare decisions). 
  • Manage your “Digital Afterlife”. 
  • Designate goodbye messages, gift subscriptions, pictures, videos, etc. sent to loved ones posthumously. 
  • Subscription services to ensure no forgotten birthdays, Valentine’s day, or other important events. 
  • Ability to send money and products direct to loved ones through subscription services that can be uniquely customized and staggered for now and well into the future. 
  • Keep an inventory of digital assets, passwords and key instructions. 
  • A place to store legal documents and make wishes known about who and what users want done with digital data and social media information. 

We reserve the right under all applicable law to make any changes whatsoever to the services we offer, how we offer them, and to whom we make them available 

Territory and Scope of our Services. 

Our Services are offered and available to users who are at least 18 years of age and who reside in the United States or any of its territories or possessions. By using our Services you represent and warrant that you are of legal age and full capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services. When you access our Services you agree to comply with all applicable laws and regulations governing the territory from which you access our Services. 

Changes to the Terms of Use. 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of all Services from that point onwards. 

Your continued use of our Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  

Your Privacy and Personal Information. 

PSLoved considers your privacy to be a basic human right and, we use many safeguards to limit how, and for what purposes, we collect, store, and use your personal information. Please consult our Privacy Policy at https://psloved.com/privacy-policy/ for further information. By using our Services you consent to all actions consistent with our Privacy Policy. 

Accessing the Services. 

We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion and without notice. We will not be liable if for any reason some or all Services are unavailable at any time or for any period. From time to time, we may restrict access to some Services from some or all users, at our sole discretion. 

You are responsible for making all hardware, connectivity, and other technical arrangements necessary for you to use and access our Services. 

Registration.  

As a condition of creating an account with us (a “User Account”) or accessing or using our Services, you will be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide on, to, or through our Services is correct, current, and complete. You agree that all information you provide to register with or use our Services, including, but not limited to, through the use of any interactive features of our Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information that are consistent with our Privacy Policy. 

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 share it with any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of our Services using your user name, password, or other personal or 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 take reasonable security safeguards, including without limitation ensuring 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. 

We have the right to disable or reject 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 sole discretion, you have violated any provision of these Terms of Use. In order to access our Services, you must keep your registration and account information up to date. 

Account Termination. 

You may terminate your account at any time, for any reason, by clicking “Delete Account” in the settings menu. 

To the extent permitted by applicable law, we may immediately terminate or change these Terms of Use and may immediately suspend or terminate your access to the Services our sole discretion and without notice. We will provide notice of account termination by email. 

Upon termination of these Terms by either party, your right to access the Services will immediately cease. You agree that neither PSLoved nor any partner, or affiliated person or entity shall be liable to you or any third party for suspension or termination of Services, and you further agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to our termination of these Terms. You acknowledge that our right to terminate is in addition to any other rights we may have at law regarding your use of the Services or our provision of services to you. 

Your Responsibilities when Using Our Services. 

In addition to the other requirements set forth in these Terms of Use, you agree when accessing our Services or receiving services from PSLoved to: 

  1. Communicate truthfully and in a timely fashion with us and all other third parties accessed through our Services.
  2. Obey all applicable laws and regulations governing your use of the Services or our provision of services to you in the jurisdiction from which you access our Services or receive our services.
  3. Not to act in any manner which, in our sole discretion, reflects poorly on the business reputation of PSLoved or any affiliated persons.
  4. Not to act in any manner that impacts the ability of other users of our Services to use our Services or receive services from us.

Our Communications with You 

From time to time we may in our discretion choose to send you updates about these Terms of Use, our Services, the services we provide, our other matters that are relevant to PSLoved. We will send such updates through your User Account or to such contact information as you have provided to us. 

It is your responsibility to read all communications we send to you, and to contact us with any questions or clarifications. 

Special Promotions. 

Any sweepstakes, contests, or promotions (“Promotions”) accessible through the Services may be governed by its own set of official rules, which may have eligibility requirements, such as certain age or geographic area restrictions. By entering or participating in such Promotions, you will become subject to those official rules and agree to be bound by the same. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable Promotion. 

Intellectual Property. 

  1. Our Ownership: The Services and all 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) displayed on or presented through our Services are owned by the Company, its licensors, or other lawful providers of such material and are protected by United States and proprietary rights laws. The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans used on or through our Services are the trademarks of their respective owners. 
  1. Your Use of our Intellectual Property: These Terms of Use permit you to use our Services only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material accessed through or displayed on our Services, except as follows: 
  • Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. 
  • You may store files that are automatically cached by your Web browser for display enhancement and application optimization purposes. 
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 
  • You may download a single copy of the App (or any other downloadable Services) to each of your computers or mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by the applicable End User License Agreement for the App (or such downloadable Services). 
  • To the extent that we integrate certain features of our Services with social media, you may take such actions as are enabled or contemplated by such social media features.  
  1. Prohibited Uses 

You must not: 

  • Modify copies of any materials from our Services. 
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the App, Website, or otherwise.  

Furthermore, you agree to only use our Services for lawful purposes and in accordance with our Terms of Use. You specifically agree not to use our Services to: 

  • 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 US or other countries).  
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use. 
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. 
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing). 
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to legal liability. 

Additionally, you agree not to: 

  • Use our Services in any manner that could disable, overburden, damage, or impair the Services, interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services. 
  • Use any robot, spider, scraping program, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services. 
  • Use any manual process to monitor, scrape, or copy any of the material on our Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. 
  • Use any device, software, or routine that interferes with the proper working of our Services 
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are hosted, or any server, computer, or database connected to the Services. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 
  • Otherwise attempt to interfere with the proper working of the Services. 

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Use, your right to use our Services will immediately cease and you must, at our option, either (i) return or (ii) destroy any copies of the materials you have made. No right, title, license, or interest in or to the App, Website, Services, or any content presented on them is transferred to you, and all rights not expressly granted by these Terms of Use are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

  1. User-Generated Content. 

Our Services may contain message boards, chat rooms, personal web pages or profiles, forums, or other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through our Services. 

All User Contributions must comply with the Content Standards set out in these Terms of Use. 

Except as specified in these Terms of Use, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in any manner not inconsistent with these Terms of Use and the Privacy Policy (the “User Content License”). You further acknowledge that this User Content License is worldwide, irrevocable, royalty-free, sublicensable, and you further agree to provide all other licenses and permissions (including waiver of any rights of publicity) required to for our display or further use of User Content. 

You represent and warrant that:  

  • You own or control all rights in and to the User Contributions and all content included in the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. 
  • All of your User Contributions do and will comply with these Terms of Use.  

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. 

  1. Monitoring and Enforcement of User-Generated Content. 

We have the right to: 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. 
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users our Services or the public, or could create liability for the Company. 
  • Disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and consistent with our Privacy Policy. 
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.  
  • Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.  

YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. 

We cannot and do not undertake to review all material before it is posted on or through our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 5.  

  1. User Feedback.  

While Company does not seek general user feedback, you may contact us at any time with questions, concerns, or suggestions on how to improve our Services (each “Feedback”), and we may from time to time solicit such Feedback. If You choose to provide us with Feedback, then You hereby assign all rights and title whatsoever, including all intellectual property rights, to the Feedback and any derivative works, improvements, or new features that Company implements based on the Feedback. You further agree to take all actions reasonably required to assign title to such Feedback to Company, or to assist Company in perfecting its rights to such Feedback.  

  1. Social Media.  

Through our Services, we may provide certain social media features that enable you to: 

  • Link from your own or certain third-party websites to certain content on our Services.. 
  • Send emails or other communications with certain content, or links to certain content through our services.. 
  • Cause limited portions of content on our Services to be displayed or appear to be displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and in accordance with any additional terms and conditions we provide with respect to such features. Furthermore, any such use of social media features must comply in all respects with the terms of use, privacy policies, and other rules of the applicable social media platform, and with the content standards set forth below. We may disable all or any social media features and any links at any time without notice in our discretion.  

  1. Content Standards.  

All User Contributions, Feedback, and other material of any sort posted on or through our Services must adhere to the following content standards. Without limitation, User Contributions and Feedback must not: 

  • Violate any applicable federal, state, local, or international law, convention, or regulation, or these Terms of Use. 
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 
  • Infringe on the rights to privacy, publicity, or control of name, image, and likeness of any other person or third party.  
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. 
  • Be likely to deceive any person. 
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act. 
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person. 
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.  
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising. 
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

We may revise these content standards from time to time, and You are responsible for keeping informed about, and obeying, any revised content standards. 

  1. Intellectual Property Rights of Third-Party Content Licensors. 

Our Services may from time-to-time feature material produced and/or owned by certain Third-Parties (“Third-Party Content”). We strive to acquire licenses or other permissions to use all Third-Party Content. Third-Party Content may be subject to additional restrictions based on the direction of the owner of such Third-Party Content, as set forth in writing by such owner. In such cases, we will clearly identify the Third-Party Content and provide links or directions to access any additional terms applicable to the use of such Third-Party Content. Unless otherwise stated, we hereby disclaim all title and ownership of all Third-Party Content. 

  1. Digital Millenium Copyright Act 

 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyrights, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below (the “DMCA Notice”). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512), the DMCA Notice must include substantially the following: 

\  

  • Your physical or electronic signature. 
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works sufficient for us to establish ownership of your works. 
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate and remove such allegedly infringing content..  
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).  
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.  
  • A statement that the information in the written notice is accurate.  
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.  

 

Company’s address for  DMCA Notices is: 

 

Attn: Copyright Infringement 

Email: Help@PsLoved.com 

Mail: P.O. Box 939, 55 Gerard St, Huntington, New York 11743 

 

Please title all DMCA Notices “DMCA Notice and Takedown Request”.  If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Content is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  

 

Please contact Company at the below address regarding infringement of trademarks or other intellectual property rights: 

 

Attn: Copyright Infringement 

Email: Help@PsLoved.com 

Mail: P.O. Box 939, 55 Gerard St, Huntington, New York 11743 

 

It is the policy of the Company to terminate the user accounts of repeat infringers, and we reserve the right to take all legal action that we deem appropriate with regard to any acts of infringement. 

  1. Accessing and Using the Vault 

Many of the functions and features PSLoved provides involve storing certain information in our secured Vault. The information stored in the Vault may include your personal information (such as banking and financial information, safe, cell phone, and other access credentials, or planning documents such as wills and trust documents), or information of third parties (such as contact addresses, names, and so forth). Our Vault is maintained by Microsoft Azure, a third party security and storage provider, and is subject to the security measures contained at [LINK TO THIRD PARTY SECURITY POLICY].PSLoved will not access, nor have access, to information contained in your Vault while such information remains in your Vault., and shall not use such information for any purpose whatsoever except for providing our services. 

While PSLoved and our partners strive to make our Vault as secure as possible, no security measures are fully effective, and the best way to secure the Vault is for each user to practice good security habits, which can include: 

  1. Logging off the Services when you have finished using them; 
  1. Remain vigilant to spam and social engineering requests; 
  1. Do not share credentials between multiple device users; and 
  1. Immediately report any suspicious activity. 

To the extent that you provide any personal information through the Vault or our Services, you acknowledge that PSLoved cannot fully ensure the security of such data. 

Furthermore, you represent and warrant that any personal information of third parties that you provide through the Vault or using our Services has (i) provided their written  approval, such approval to be provided to PSLoved upon request, to have their information uploaded to the Vault. 

Payment and Refunds 

All purchases through our site or other transactions for our services shall be done through Paypal, our third-party payment processor, in accordance with their terms of service [LINK TO PROCESSOR TERMS OF SERVICE]. PSLoved does not collect or hold your financial information as part of any transaction for its services. 

All refunds and reimbursements of amounts paid by you to PSLoved for services accessed through our Services shall be governed by our Refund Policy [LINK POLICY]. 

Additional Terms.  

We may from time to time provide new, enhanced, or additional Services (“Supplemental Services” that include additional terms and conditions (“Supplemental Terms”). In the event of any irreconcilable conflict between these Terms of Use generally, and specific Supplemental Terms, the Supplemental Terms shall control.  

By using any Supplemental Services, you agree to their Supplemental Terms. 

 

Certain Third-Party Integrations 

In order to best provide you with the services that you request, our Services use certain third-party application program interfaces (“APIs”), modules, and other integrations (collectively “Third-Party Tools”). Your and our use of such Third-Party Tools is governed by the terms of use of the providers of such Third-Party Tools (each an “Integration Partner”, such terms the “Integration Terms”).  

 

PayPal  

https://www.paypal.com/us/legalhub/xdeveloper-full?locale.x=en_US 

https://www.paypal.com/us/legalhub/useragreement-full 

Cardly  

https://www.cardly.net/terms-conditions 

FloristOne  

https://www.floristone.com/api/api-signup.cfm 

 

 

By using our Services you acknowledge and agree to the Integration Terms set forth above. You may choose to opt out of using such integrations, but doing so may make it impossible for us to provide you with the services you request. 

Certain Third-Party and Retailer Relationships. 

In order to best provide you with the services you request, PSLoved has partnered with certain retailers to provide easy access to certain services, including greeting cards and flower deliveries.  Some of these relationships are governed by special terms and conditions which supersede these Terms of Use. If you plan to use our services with any of the Retailers listed below, please consult their privacy policies and terms and conditions, linked below. 

 

For greeting card deliveries, PSLoved works with Cardly as a third-party service provider. Use of any Application features for greeting cards are subject to Cardly’s privacy policy and terms of use found at www.cardly.net and available via the following links: [INSERT LINK]  

For flower deliveries, PSLoved works with FloristOne as a third-party service provider. Use of any Application features for flower deliveries are subject to FloristOne’s privacy policy and terms of use found at www.floristone.com and available via the following link: [INSERT LINK] 

For payment processing, PSLoved works with PayPal as a third-party service provider. Use of any Application features for payment are subject to PayPal’s privacy policy, terms of use, and user agreements found at paypal.com and available via the following link: [INSERT LINK] 

By using our services with any of the above named retailers or third parties, you agree to the additional terms and conditions set forth above. 

Linking Policy. 

  1. Links to Website and Application

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Subject to the foregoing, you must not: 

  • Establish a link from any website that is not owned by you. 
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. 
  • Link to any part of the Website other than the homepage. 
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 

  1. Links from Services.

Unless otherwise stated in these Terms of Use, if our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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 from our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

  1. Our Links to Third Parties.

Links through the Services to other websites (including without limitation any advertisements and any partner websites) are provided as a convenience to you. If you use these links, you will leave the Services. We do not control or endorse any such advertiser or other websites, and, except to the extent you use PSLoved benefits in connection with a qualifying purchase on a Retailer website or application, your dealings with such third parties are solely between you and such third parties. You agree that we will be not responsible or liable for (a) any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or other such links through the Services; (b) for any content, goods or services provided on or through such websites and applications; or (c) for your use or inability to use such websites and applications. You use these links and do business with other parties at your own risk. Further, services functionality may also permit interactions between the Services and a third-party website or online feature, including without limitation applications that connect the Services or your profile with the Services with another website. Using this functionality typically requires you to login to your account on the other website site and you do so at your own risk. We do not control any of these sites or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties.  

EXCEPT WITH RESPECT TO YOUR USE OF ANY ELIGIBLE PSLOVED BENEFITS, YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. 

We encourage you to review such third parties’ user terms and privacy policies before you use their services. Descriptions of, references to, or links to products, services or publications within the Services do not imply endorsement of that product, service or publication. 

Mobile Integration 

Use of the Services may be available through a compatible mobile device, Internet and/or network access and may require certain downloadable software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.  

PSLOVED MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. 

Warranties; Disclaimers; Limitations on Liability 

  1. No Reliance on Materials.  

The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information 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 or user of our Services, or by anyone who may be informed of the contents of the information at issue.  

Our Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. 

Furthermore, we reserve the right to update or change—or choose not to update or change— the content on our Services As such, the content seen on or through our Services may be inaccurate, and we are under no obligation to check or update it for accuracy. 

  1. General Disclaimer of Warranties 

You understand that we cannot and do not represent, guarantee, or warrant that either (a) our App, Website, and Services, or (b) files available for downloading from or through our App, Website, and Services, are error free, work as intended, or are free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. You further understand (i) that data stored in our Vault, though protected and encrypted, is not wholly secure, and (ii) that it is your responsibility to obtain written authorizations from any third-party before putting any of their personal information in the Vault. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE 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 OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICEST, OR  USING ANY WEBSITE LINKED FROM OUR SEVICES. 

YOUR USE OF OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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.  

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

 

  1. Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES OR APPLICATIONS THAT LINK TO OUR WEBSITE, OR ALL CONTENT INCLUDED IN THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.  

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, or death or bodily injury caused by our services. 

It is expected that your sole remedy for dissatisfaction with our Services is to stop using our Services. If, for whatever reason, you are entitled to recovery monetary damages against Company, such Company liability shall be limited to no more then ten dollars ($10). 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Indemnification 

You agree to defend, indemnify, and hold harmless the Company, 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 (i) your violation or anticipatory breach of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, (ii) any use of the Services, or any content provided through the Service’s other than as expressly authorized in these Terms of Use, (iii) your use of any information obtained from or through the Services, (iv) Company’s performance of the Services in accordance with these Terms of Use, (v) Company’s use of your information in accordance with Company’s Privacy Policy, and (vi) any claims against Company by any third-party arising from any information or User content that you provided to PSLoved, including information placed in the Vault. We reserve the right to assume the exclusive defense of any claim involving You and us, and You agree not to settle any such claim without our express written consent. 

Arbitration 

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or its provisions or your use of the Services,, 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 New York law. Please see our Arbitration Agreement. 

General Terms and Conditions 

  1. Governing Law and Jurisdiction 

All matters relating to the Services 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 New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). 

Any legal suit, action, or proceeding you bring arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and county of New York, 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. 

  1. Waiver and Severability 

No waiver by the Company of any term or condition set out 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

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 or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

  1. Entire Agreement 

The Terms of Use, constitute the sole and entire agreement between you and PSLoved regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. 

Additional Links 

You may access our Privacy Policy at https://psloved.com/privacy-policy/. 

You may access the Arbitration Agreement between you and us at https://psloved.com/arbitration-agreement/. 

You may access a copy of the End User License Agreement governing our App at https://psloved.com/end-user-license-agreement/. 

 

Contact Us 

This website is operated by PSLoved. 

All notices of intellectual property infringement claims should be sent to the agents designated in above  in the manner and by the means set forth above. 

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: Help@PsLoved.com or mail P.O. Box 939, 55 Gerard St, Huntington, New York 11743. 

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.