This page states the "Terms of Use" under which you may use this website, which is an interactive on-line service operated by the Sexperts Business Community. ("us"), consisting of information services and content provided by us and other third parties (the "Site"). These Terms of Use include the Site Privacy Policy and form a binding agreement between you and us.. Your access to or use of the Site indicates your acceptance of these Terms of Use.
1. **Acceptable Use.** This Site is intended to provide users with general information, resources and offers. We do not recommend or endorse any specific professionals, events, offers, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.
2. **Acceptance of Terms**
lifesexplicit provides a collection of online services and features as well as resources, including directory listing, special offers ads, forums/community, event listings, retreat listings and various email services available on or through lifesexplicit (referred to hereafter as “the Service”) such as Newsletter, subject to the following Terms of Use (“TOU”).
By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular lifesexplicit services, you agree to abide by any applicable posted guidelines for all lifesexplicit services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, **your only recourse is to immediately discontinue use of the Service**.
**3. Modifications to this Agreement**
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
**4. Rules of Conduct.**
We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We may at any time take any action with regard to user materials that we deem in our sole discretion to be necessary or appropriate.
4.1. **Posting Rules.**
4.1.1. Materials you post to the Site may not contain:
(1) URLs or links to websites that compete with the Site;
(2) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
(3) trade secrets (unless you own them or have the owner's permission to post them);
(4) material that that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(5) anything that is libelous, defamatory, threatening, harassing, abusive, or hateful or purposefully aiming to demean, disrespect, put in disrepute or dishonour others.;
(6) pornographic content or such that depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
(7) content that suggests a discriminatory discourse based on race, color, national origin, religion, sex, familial status or handicap (or violates any country/state or local law prohibiting discrimination on the basis of these or other characteristics);
(8) content that impersonates any person or entity, including, but not limited to, a lifesexplicit employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
(9) content that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
(10) that constitutes or contains “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of lifesexplicit which are not designated for such purposes;
(11) content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
(12) content that contains software viruses 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;
(13) content that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
(14) content that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
4.1.2. Materials that encourage our users to "email for more details" are strongly discouraged.
We are under no obligation to monitor the materials posted on the Site by users, but we may monitor materials at random. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified by a user that any user materials on the Site violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.
4.2. **Conduct Rules:**
1. You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Cold-messaging and soliciting businesses is prohibited.
2. You may not send (or encourage or help others to send) unsolicited commercial email to our users.
3. Please Report inappropriate postings or conduct using the Report This Post feature on the site or via using our ‘Contact Us’ form.
4. You may not delete or revise any material posted by any other person or entity.
5. Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited.
6. We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.
4.3. **Additionally, you agree not to:**
**5. No SPAM Policy**
You understand and agree that sending unsolicited email advertisements to lifesexplicit email addresses or through lifesexplicit computer systems is expressly prohibited by these TOU. Any unauthorized use of lifesexplicit computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
**6. Security Rules:**
1. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (4) sending unsolicited e-mail, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
2. Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
**7. Registration Rules.**
1. To post certain material to the Site, such as blogposts and professional profiles in the directory, you will be required to register and pay for your membership. We will request information from you, including your name and email, for your registration. You must provide us with true and accurate registration information. For the safety of the community and users of this site seeking trustworthy professionals, you may be required to go through Identity Check through a Third Party Service. We will not share your registration information with third parties, except as necessary to provide you with services you request or with your permission as provided in the Site Privacy Policy.
2. As a user of the site, you will have a user name and password. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your user name and password.
3. If at any time during the term of this agreement we come to the understanding that you:
(1) misled us as to your business practices and/or services, or
(2) offer services that do not align with or fit the purpose and aim of our Site, we reserve the right to terminate your account without any financial reimbursement of your membership plan. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.
**8. Limitations on Service**
You acknowledge that lifesexplicit may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
You agree that lifesexplicit has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that lifesexplicit reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that lifesexplicit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
**9. Rights Reserved.**
1. We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use.
2. Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Site, including, without limitation, written content, graphical and design elements (including the Site's "look and feel"), and service marks and trademarks. By submitting material to any area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted, to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.
**9. Disclaimer.**
1. We make no representations or warranties whatsoever regarding the Site and any materials on the Site. Notwithstanding anything to the contrary in these Terms of Service or elsewhere, the site is provided on an "as is" basis. To the fullest extent permitted by law, we hereby disclaim all warranties, express or implied, including, without limitation, any implied warranty of fitness for a particular purpose, any implied warranty of non-infringement, and any implied warranty of merchantability. We make no warranty about the accuracy, reliability, completeness, or timeliness of the Site. We make no warranty that the Site's service will be uninterrupted, the site's functions shall be error-free, or that the site or the servers that make it available are free of viruses or other harmful components.
2. The Site is not intended to be a substitute for professional advice, therapy or therapeutic interventions. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the direct and tailored advice of professionals pertaining for your individual needs, as well as for the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.
3. You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users' materials.
4. Our bloggers who post articles to our Site are not employed by us the Sexperts Business Community. Each blogger is solely responsible for the content of his or her articles. We do not undertake responsibility for screening or monitoring our bloggers' materials. The opinions expressed by the bloggers are their own and are not our opinions or endorsed by us.
5. Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a "third-party site"). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.
6. We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party's products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members or bloggers. The information in our directory is provided exclusively by participating professionals. When you see the "Verified" seal, it means we have made good faith, reasonable efforts to verify the following and have found no contrary information:
1. The name and contact details provided by the professional.
2. The professional’s Identity has been verified by a Third Party Identity Check Service.
Please note, some professionals may be using alias names. Should you have an issue or need to report a professional, we would cooperate with the authorities for the identification of the said professional.
We verify the information at the time a professional is initially listed in our directory. We may do yearly Identity Checks afterwards upon renewal of professionals’ membership.
1. Some of the material on this Site may be provided by the team behind the Sexperts Business Community, the publisher of lifesexplicit. You accept that the Sexperts Business Community disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that the Sexperts Business Community may rely on your acceptance of such disclaimers and limits.
2. Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.
**10. Indemnification.**
You shall indemnify and defend us, and our officers, employees, consultants and trainers against any costs, expenses (including reasonable attorneys' fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.
**11. Limitation of Liability.**
a) Neither we, nor any of our officers, directors, employees, or agents, will be liable to you or to any other person for any indirect, consequential, punitive, or special damages ("non-direct damages"), of any character, whether in an action in contract, tort, or otherwise, arising out of or in connection with these Terms of Use, even if we have been advised of the possibility of such damages.
b) The liability of us and any of our officers, directors, employees, or agents to you or to any other person for direct damages shall be limited to the greater of £100 GBP (One-Hundred-Great-British-Pounds) or the fees paid by you for our services during the 12 months preceding the events that give rise to your first claim against us for damages.
c) Because some countries/states or jurisdictions do not allow the exclusion or limitation of liability for non-direct damages, the limitations in paragraph (a) above may not apply to you. But in such case, the limitations in paragraph (b) shall apply to both direct and non-direct damages.
**12. Copyrights.**
We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us [ report@lifesexplicit.com ] and provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. 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 us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. 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.
6. 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.
**13. Governing Law and Jurisdiction/Waiver of Jury Trial.**
These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of England, Great Britain without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in the United Kingdom, and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts *in personam*, with respect to any such action, suit or proceeding. Each party waives to the fullest extent permitted by law any right to trial by jury in any action, suit, or proceeding brought to enforce, defend, or interpret any rights or remedies arising under, relating to, or in connection with these Terms of Use.
**14. Notices.**
You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm GMT on a business day in the recipient's location. Notices received after 5pm GMT or on a non-business day shall be deemed received on the next business day.
**15. Amendment.**
We may change these Terms of Use, including the Site Privacy Policy, at any time. We will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.
**16. General.**
We and you are independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Site Privacy Policy (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written or oral.
lifesexplicit is a service of Sexperts Business Community.
**17. Terms of Use: Brand Agreement**
Legal Disclaimer: By logging in to your lifesexplicit account, you are agreeing to the terms below and you are stating that you have the authority to represent the professionals’ services and/or manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) **Parties:** This “**Agreement**” between “**I**” or “**me**” or the “**Company**” and lifesexplicit. (“**lifesexplicit**”, together with me, “**we**” or the “**parties**”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) **Content:** I hereby license to lifesexplicit the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “**Content**”) for display on lifesexplicit and “**Affiliated Sites**,” including related websites, social media websites, picture hosting websites, and all other website lifesexplicit at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but lifesexplicit retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for lifesexplicit to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my lifesexplicit account with any updates to the Content necessary to keep such Content accurate and representative of my products. lifesexplicit and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3) **Fees:**
(a) Membership: Price as stated on lifesexplicit at the time of purchase of the membership. Price remains locked in as long as membership is kept current.
(b) All payments are paid upfront at the beginning of the stated billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle.
(c) Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4) **Length of Contract:** This Agreement is valid up to and until I cancel my account.
5) **Billing:** In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, lifesexplicit may attempt to contact me to determine updated account information. lifesexplicit will wait up to twenty (20) calendar days before canceling my membership or suspending my account until payment is made in full and my Membership status is restored.
6) **Termination:** I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle or if requested via email, will be terminated and my data removed asap, before the last day of my billing cycle. I acknowledge and agree that I will not receive any reimbursements or refunds for my Membership and/or additional Services.
lifesexplicit may terminate this agreement at will.
In the event lifesexplicit terminates this agreement early, and I am not in violation of any term of this Agreement, I can request and receive a prorated reimbursement for the portion of the billing cycle remaining.
End of Terms
