Terms and Conditions
Effective Date: September 16, 2022
Important: Read these terms before accessing or using the Services.
These terms of use (“Terms”) govern your access or use of the Higher Love Dating Mobile App, the HigherLoveDating.Com website, and their contents and services (“Services” or “Higher Love”) made by DocOps LLC (“DocOps LLC”, “us”, “we”, or “our”).
Binding Contract
By accessing and using the Services, you are agreeing to be contractually bound by these Terms. If you do not agree to these Terms, then do not access or use the Services. For any reason and at any time, we may modify, amend, or supplement these Terms or terminate your access or use of the Services. Should these Terms be modified, amended or supplemented, then your continued access or use of the Services as of the date these are last updated constitutes your consent to be bound by the modified, amended or supplemented Terms.
Communications
By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Subscriptions
Some or all parts of the Service, beyond the beta testing phase, are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring monthly basis (“Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team. A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within ten days, with the full payment corresponding to the billing period as indicated on the invoice.
Services
Higher Love Dating Mobile App and the HigherLoveDating.Com website (each an “application”) are digital platforms that provide cannabis-friendly individuals the opportunity to connect with other cannabis-friendly individuals for purposes of dating. The Services are available solely for personal, non-commercial purposes. You may create a profile on Higher Love, search for other users through the Services, send and receive messages through the Services, block other users from seeing you in search results, report misconduct to Higher Love and use other features as they are or become available.
Beta Testing Phase
We may, at our sole discretion, offer use of the Service free of charge during our beta testing phase, the extent and duration to be determined by us. We may also offer the Service initially for no fee, and apply a fee at a later date. Alternatively, we may charge for initial use at the time of download, all at our discretion. You may be required to enter your billing information in order to sign up for use of the Service, whether free or not. If you do enter your billing information when signing up for the Service during the beta testing phase, you will not be charged by us until the beta testing phase has expired or ended, as determined by us. On the last day of the beta testing phase, unless you canceled your Subscription, you will automatically be charged the applicable Subscription fee.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of this offer, or (ii) cancel such offer.
Fee Changes
We, in our sole discretion and at any time, may initiate, amend or modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the start of the next Billing Cycle. We will provide you with thirty days prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Services, after the Subscription fee change comes into effect, constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except where required by law, paid Subscription fees are non-refundable.
Content/User Content
Our Services allow you to post, store, share and otherwise make available certain information, text, graphics, videos and other material (“Content”). You are responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Services, you represent and warrant that: (i) the Content is yours (you lawfully possess and own it) and/or you have the legal right to use it and the right to grant us the rights, releases and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights or any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works of, distribute and otherwise exploit in any manner such Content on and through the Services, without further notice to or consent from you, without the requirement of payment to you or any other person or entity. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms. We have the right to monitor, review and remove Content provided by users, at any time and for any reason, without notice to you. We may remove Content deemed indecent, hateful, violent, defamatory, libelous, obscene, pornographic, otherwise offensive, as determined by DocOps LLC, in its sole discretion, regardless whether such material is protected by law. In addition, Content found on or through the Services is the property of DocOps LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy or use said Content, whether in whole or in part, for commercial purposes or for personal gain.
Conduct
Persons under the age of 18 may not use the Services. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. Your use of the Services must not harass any person or cause nuisance, annoyance, inconvenience, or property damage to any person or third party whatsoever. You may not authorize third parties to use your account. You may not assign or otherwise transfer your account to any other person or entity.
Accounts
You represent that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene, as determined by us.
Intellectual Property / Ownership
The Services and all rights therein to their original content (excluding Content provided by users), features and functionality, are and will remain the exclusive property of DocOps LLc and its licensors. The Services are protected by copyright, trademark, and other laws of the United States. You are not granted or conveyed any rights by way of these Terms or by way of your use of the Services. You may not otherwise use our trademarks or copyrights.
Third Parties
The Services may be made available for access or use in connection with third party services and content (including advertising) that we do not control. Separate terms of use and privacy policies may apply to your use of such third party services and content. Under no circumstances does DocOps LLC endorse such third party services and content. In no event shall DocOps LLC be responsible or liable for any products or services of such third party providers. If you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, then you acknowledge that Apple Inc., Google, Inc., or Microsoft Corporation, respectively, will be a third-party beneficiary to this contract. These third party beneficiaries are not responsible for the provision or support of the Services as they are not parties to this contract, although your access of the Services using these third party beneficiary devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination
We may terminate or suspend your account and restrict your access to the Services immediately, without prior notice, and without liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the Services and delete your account.
Indemnification
You agree to indemnify and hold DocOps LLC and its officers, directors, managing members, members, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) our use of your user content; (iii) your breach or violation of any of these Terms; or (iv) your violation of the rights of any third party, including third party providers.
Limitation of Liability
In no event shall DocOps LLC, nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation, loss of data, use, goodwill, property damage, personal injury, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage. DocOps LLC’s total liability to you in connection with the Services for all damages, losses and causes of action shall in no event exceed $250 US Dollars.
Disclaimer
The Services are provided “AS IS” and “AS AVAILABLE”. DocOps LLC disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, non-infringement and fitness for a particular purpose. In addition, DocOps LLC makes no guarantee, representation, or warranty regarding the quality, timeliness, reliability, availability, or suitability of the Services or any Services or goods requested through the use of the Services. Additionally, DocOps LLC make no guarantee, representation, or warranty that the Services will be uninterrupted or error-free. DocOps LLC does not guarantee the quality, suitability, or safety of using the Services. You agree that the entire risk arising out of your use of the Services remains solely with You, to the maximum extent permitted under applicable law.
Restrictions
You may not: (i) transfer, transmit, stream, sell, resell, distribute, reproduce, lease, license, modify, broadcast, create derivative works based upon, publicly perform, publicly display, or otherwise exploit the Services except as expressly permitted by DocOps LLC; (ii) remove any trademark, copyright or other proprietary identifiers from any portion of the Services; (iii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (iv) disassemble, decompile, or reverse engineer the Services; (v) link to, frame or mirror any portion of the Services; (vi) cause or launch any scripts or programs in order to survey, scrape, index, or otherwise data mine any portion of the Services; or (vii) cause or launch any scripts or programs for purposes of burdening or hindering the operation and/or functionality of the Services.
Network Access and Devices
You must obtain data network access necessary to use the Services. If you access or use the Services from a wireless-enabled device, beware that data and messaging rates and fees from your mobile network may apply. To access and use the Services and applications and any updates to them, you are responsible for acquiring and updating compatible hardware and devices. The Services are not guaranteed to function on any particular hardware or devices. Additionally, malfunctions and delays inherent in the use of the internet and electronic communications may affect the Services.
Arbitration
You agree that any dispute, controversy, or claim arising out of or relating to these terms or the validity, enforcement, breach, termination, or interpretation thereof or the use of the services (collectively, “disputes”) will be settled by binding arbitration between You and DocOps LLC, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that You and DocOps LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both You and DocOps LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “arbitration” section will be deemed void. Except as provided in the preceding sentence, this “arbitration” section will survive any termination of these terms.
Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the commercial arbitration rules and the supplementary procedures for consumer related disputes (the “AAA rules”) then in effect, except as modified by this arbitration section. The AAA rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The federal arbitration act will govern the interpretation and enforcement of this arbitration section. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA rules. The AAA provides a form demand for arbitration. The arbitrator will either be an attorney licensed to practice law in the state of Arizona and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators, or a retired judge. If the parties are unable to agree upon an arbitrator within five (5) days of delivery of the demand for arbitration, then the AAA will appoint the arbitrator in accordance with the AAA rules. Unless you and DocOps LLC otherwise agree, the arbitration will be conducted in Phoenix, Arizona, USA. If your claim does not exceed $15,000 US Dollars, then the arbitration will be conducted solely on the basis of documents you and DocOps LLC submit to the arbitrator. If your claim exceeds $15,000 US Dollars, your right to a hearing will be determined by the AAA rules. Subject to the AAA rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “limitation of liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. If DocOps LLC prevails in arbitration, it will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Your responsibility to pay any AAA filing, arbitrator or administrative fees will be solely as set forth in the AAA rules.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the state of Arizona, USA, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
General
You may not assign these Terms. DocOps LLC may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DocOps LLC’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, DocOps LLC or any third party provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DocOps LLC’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DocOps LLC in writing.
Trademark and Copyright Infringement
Claims of trademark and copyright infringement should be sent to DocOps LLC at the email address below.
Notice
Notice by DocOps LLC may be given by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
Contact Us
If you have any questions about these Terms, please contact us via email at:
Admin@HigherLoveDating.com.