Terms of Use

These Terms of Use (“Terms of Use”) govern your use of this website, settleforlove.com, (the "Website") and any corresponding Apple or Android application (collectively, the “App”). The Website and the App are owned and operated by HereKittyKitty, LLC ("HereKittyKitty"). By accessing or using the Website or the App, you accept these Terms of Use. HereKittyKitty may change these Terms of Use at any time at its sole discretion. Any revisions to these Terms of Use will be effective upon posting such revisions to the Website or the App, and your continued use of the Website or the App following the posting of any revised Terms of Use to the Website or the App constitutes your acceptance of such revisions. If you do not agree to these Terms of Use, you should not use the Website or the App.

Remedies

HereKittyKitty reserves the right, at its sole discretion, to deny further or continuing access to the Website or the App to any visitor, including, without limitation, any user that HereKittyKitty determines has violated these Terms of Use in any manner. Notwithstanding the foregoing, HereKittyKitty reserves the right, in its sole discretion, to seek and obtain any other remedies available to it at law or in equity as a result of your breach of these Terms of Use.

Adults Only

The Website and the App are not intended for children under 18 years of age. If you are under 18, you are not authorized to use the Website or the App and are not permitted to access any post-registration features of the Website or the App. IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THE WEBSITE OR THE APP BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.

Access and Account Information

In certain instances, HereKittyKitty may agree to provide you with access to secure, password protected sections of the Website or the App. Such access is restricted to authorized users only, any attempt by you to access these areas without authorization may subject you to criminal or civil liability. If you create a user account on the Website or the App, you may be asked to provide certain information, including certain personally identifiable information (“Personal Information”). You agree that the information you provide shall be truthful, you will not submit information which is false and you will not impersonate any third party in providing such information. HereKittyKitty will handle any Personal Information which you provide to it in accordance with the terms of its Privacy Policy, which is incorporated herein by reference. You are not required to provide any Personal Information, but that may limit your ability to access and use certain resources available on the Website or the App.

If you choose, or are provided with, a user name, password, or any other security codes or questions (“Security Codes”) as part of the Website or App security procedures, you agree to keep the Security Codes strictly confidential and not to disclose the Security Codes to any other person. You should use particular caution when accessing your account from a public or shared electronic device so that others may not view or record your Security Codes or Personal Information. HereKittyKitty reserves the right to disable any Security Codes at any time in its sole discretion and for any reason, including for any violation of these Terms of Use.

Terminating Your Account

If you wish to permanently remove your profile or user account from the Website and the App, you can send an email to [email protected] from the e-mail account associated with your account directing HereKittyKitty to permanently remove you from the Website and the App. HereKittyKitty will remove your profile within twenty-four (24) hours of its receipt of your request. HereKittyKitty reserves the right to request additional information to confirm your identity in connection with such request, if HereKittyKitty determines that such information is reasonably required to complete the request, and will not be liable for any delays caused by your failure to provide such information. PLEASE BE ADVISED THAT SUCH REMOVAL IS PERMANENT AND CANNOT BE REVERSED. YOU WILL BE REQUIRED TO CREATE A NEW ACCOUNT AND PROFILE IF YOU WISH TO REJOIN THE WEBSITE/APP OR IF YOU COMMUNICATE A REMOVAL REQUEST TO US IN ERROR.

Personal Information; Safety and Security

HereKittyKitty DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. HereKittyKitty STRONGLY ADVISES YOU TO USE CAUTION BEFORE SHARING PERSONAL INFORMATION WITH OTHER USERS OF THE WEBSITE OR THE APP.

Your safety and security are extremely important to HereKittyKitty. However, HereKittyKitty cannot and does not assure that it is safe for you to have direct contact with other users of the Website or the App. If you believe that any user of the Website or the App is harassing you or is otherwise using Personal Information for unlawful purposes, HereKittyKitty encourages you to first inform local law enforcement authorities and then to email us at [email protected] HereKittyKitty is not responsible for any act or failure to act with respect to any notice received from you in this regard.

In your digital interactions with other users (including, but not limited to, messages, instant messages, and profile postings), you agree to conduct yourself civilly and respectfully. By accessing the Website or the App, you agree to use any Personal Information provided to you by other users of the Website or the App in a lawful and responsible manner. You also agree that you will not use the Personal Information of any other user of the Website or the App for any reason without the express prior consent of that user.

You acknowledge that all information submitted on or transmitted via the Website or the App could potentially be publicly accessible. You are responsible for protecting important and private information. HereKittyKitty is not responsible for protecting, and is not liable for any failure to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you use. HereKittyKitty uses commercially reasonable efforts to safeguard the confidentiality of your Personal Information. However, perfect security does not exist; HereKittyKitty cannot and does not guarantee that any Personal Information provided to us will not become public under any circumstances. Please visit the HereKittyKitty Privacy Policy for more information.

Prohibited Uses

As a user of the Website or the App, you are prohibited from the following:

  • Copying, distributing, modifying, publishing, or transmitting in any other manner, any portion of the Website or the App, including use for creative work or to sell/promote other products. Violation of this restriction may constitute an infringement of intellectual property and could result in substantial civil and criminal penalties;
  • Creating more than one unique profile or posting false or incorrect information about yourself;
  • Using the Website or the App for any commercial purpose. Organizations, companies, and/or businesses may not join and use the Website or the App for any purpose;
  • Using the Website or the App in any unauthorized, illegal, or unlawful manner, including without limitation collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using Personal Information for commercial purposes. Violation of this restriction may result in civil, criminal, and injunctive redress;
  • Using the Website or the App in any manner that could disable, overburden, damage, or impair the Website or the App or their functionality or interfere with any other party’s access to or use of the Website or the App;
  • Using any automatic device, process or means to access the Website or the App for any purpose, including monitoring or copying any material on the Website or the App.
  • Attempting to gain unauthorized access to, interfere with, damage or disrupt any part of the Website or the App, the Website/App server, or any server, computer or database connected to the Website or the App;
  • Using any device, software or routine that interferes or attempts to interfere with the proper functionality of the Website or the App;
  • Providing content or introducing any virus, Trojan horse, worm, or other malware which is malicious or technologically harmful;
  • Posting or transmitting to or from the Website or the App any unlawful, fraudulent, threatening, libelous, defamatory, obscene, scandalous, inflammatory, objectionable, abusive, pornographic, or profane content, or any other content that could give rise to any civil or criminal liability as determined in the sole discretion of HereKittyKitty; or
  • Harassing or making mischief against any other user of the Website or the App. HereKittyKitty reserves the right to determine, in its sole discretion, whether conduct constitutes harassment or mischief, and may, at its sole discretion, partially or completely deny service to any person for any reason.

Use of the Website and the App are with HereKittyKitty’s permission, which may be revoked at any time, for any reason, at our sole discretion. HereKittyKitty may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user's conduct is harmful to the community or otherwise violates these Terms of Use. From time to time, HereKittyKitty may create test profiles in order to monitor the operation of its services.

Intellectual Property Ownership; License

HereKittyKitty, settleforlove, settleforlove.com, settlefourlove, settleforlove.ca, settlefourlove.com, settle4love, settle4love.com, and other identifying marks of HereKittyKitty are proprietary to HereKittyKitty. You may not use these marks for any purpose without the express prior written consent of HereKittyKitty. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark, copyright, or other proprietary right of HereKittyKitty or any third party.

THE WEBSITE AND THE APP, AND THEIR RESPECTIVE CONTENTS, ARE PROTECTED BY COPYRIGHT AND OTHER PROPRIETARY RIGHTS LAWS AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT HereKittyKitty's WRITTEN PERMISSION. Subject to your compliance with these Terms of Use, HereKittyKitty grants you the limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Website and the App solely for your personal, non-commercial use. You may not copy, modify, reproduce or publicly display, transmit, distribute or use the Website or the App for any purpose other than personal, non-commercial use. This limited license does not include any derivative use of the Website or the App or their contents, or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by HereKittyKitty.

Infringement Notification

If you believe that your work has been copied, displayed, or otherwise used by a user of the Website or the App in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the HereKittyKitty copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website or the App;
  • Your address, telephone number, facsimile number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The HereKittyKitty Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
email: [email protected] or
Attn: Copyright Agent
www.settleforlove.com
P.O. Box 181
Jenison, MI 49429
United States

User Submissions

In providing or posting any idea, suggestion, comment, improvement, or other similar content (“User Submission”) to the Website or the App, you grant HereKittyKitty, and its licensees, successors and assigns, the nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, perform, display, distribute, adapt, publish, translate, prepare derivative works from, and disclose to third parties any such User Submissions for any purpose. User Submissions will be treated as non-confidential and non-proprietary. HereKittyKitty assumes no responsibility for reviewing unsolicited ideas for its business. By submitting any User Submissions, you waive any right to compensation of any type for such User Submissions.

Third Party Links

The Website or the App may contain links to other websites that are not operated by HereKittyKitty. Use of these links to access other Internet sites is at your own risk. HereKittyKitty is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. HereKittyKitty establishes links to other websites for commercial purposes and the convenience of its users; however, such links are not intended to be an endorsement of the other website.

The products and services mentioned or promoted on the Website or the App may be changed by HereKittyKitty at any time without notice. Information about products or services offered by third parties are referred to on the Website or the App for informational purposes only. HereKittyKitty's provision of any such information is not intended to constitute an endorsement or recommendation by HereKittyKitty of such products or services.

“AS-IS” CONTENT – WARRANTY DISCLAIMER

THE WEBSITE, THE APP, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES PROVIDED, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. HEREKITTYKITTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. HEREKITTYKITTY FURTHER MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE WEBSITE OR THE APP OR ANY CONTENT THEREIN.

THE WEBSITE OR THE APP OR ANY CONTENT THEREIN MAY BE OUT OF DATE. HEREKITTYKITTY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR THE APP WILL BE FREE OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE CODE. HEREKITTYKITTY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL DUE TO YOUR USE OF THE WEBSITE OR THE APP. HEREKITTYKITTY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THE WEBSITE OR THE APP, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS. HEREKITTYKITTY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE OR THE APP.

LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES EXCLUSION

IN NO EVENT SHALL HEREKITTYKITTY OR ANY OF ITS AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR THE RESULTS OF YOUR USE OF THE WEBSITE OR THE APP, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HEREKITTYKITTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.

Apple-Specific Terms

If and only if you obtained the App through the Apple App Store, the following terms apply:

  • These Terms of Use are between you and HereKittyKitty only and not with Apple, and HereKittyKitty, not Apple, are solely responsible for the App and the content thereof.
  • Your license to use the App is limited to use on any iPhone, iPod, iPad or compatible device that you own or control, to the extent permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any warranty that is expressly set forth herein, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be HereKittyKitty’s sole responsibility.
  • HereKittyKitty, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or the your possession and use of the App infringes that third party’s intellectual property rights, HereKittyKitty, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right to enforce these Terms of Use against you as a third party beneficiary thereof.

General

Your use of the Website and the App are governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Your use of the Website and the App may be subject to the laws of other countries if you are not located in the United States. If you choose to access the Website or the App from outside the United States, you do so on your own initiative. HereKittyKitty makes no representation that the Website or the App are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export any content on the Website or the App in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. By using the Website or the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Michigan, without reference to its conflicts of law principles. Any lawsuit or other legal proceeding arising out of, or related to, the subject matter of these Terms of Use, the use of the Website or the App shall be instituted exclusively in the federal courts or state courts in Michigan with jurisdiction in Ottawa County, Michigan. HereKittyKitty also retains 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 jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No waiver by HereKittyKitty of any term or condition set forth in these Terms of Use shall be deemed a waiver of such term or condition or any other term or condition, and any failure of HereKittyKitty to assert a right under these Terms of Use shall not constitute a waiver of such right. 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 these Terms of Use will continue in full force and effect. These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and HereKittyKitty with respect to your use of the Website or the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties.