Terms and Conditions

Last Updated: January 1, 2025

Introduction

Welcome to lovebaxter.com (the “Site”), owned and operated by Love, Baxter LLC (the “Company”, “us”, or “we”). Please read these Terms & Conditions of Use (the “Agreement”) carefully before using the Site. This Agreement sets forth the legally binding terms and conditions for your use of the Site and any related features, content, or applications offered from time to time on or through the Site, excluding Third-Party Content (as defined below) not provided by us but accessible from the Site (collectively, the “Services”). By accessing or using the Site or Services, you agree to be bound by this Agreement. Use of the Site and Services are subject to acceptance without modification of (a) all terms and conditions contained in this Agreement, (b) any operating rules, policies, and procedures posted on the Site or communicated through the Services, and (c) any additional terms and conditions that may be presented to you with respect to specific Services. All such terms are incorporated by reference into this Agreement.

The Site and Services are available only to individuals who are at least 18 years old. By using the Site and Services, you represent and warrant that you are at least 18 years old. We reserve the right to refuse access to or modify eligibility for use of the Site and Services at our sole discretion, subject to applicable law.

We reserve the right to (A) change, modify, add, or delete portions of this Agreement, (B) change, suspend, limit, or discontinue any portion of or all of the Site and/or Services, and/or (C) charge for any portion of or all of the Site and/or Services at any time. We will notify you of such changes by updating the “Last Updated” date above, posting changes on the Site, or sending you an email. This Agreement applies exclusively to your use of the Site and Services and does not alter any other agreement you may have with us for certain products or services. We encourage you to review this Agreement regularly, as continued use of the Site and Services constitutes acceptance of any changes.

For questions regarding the use and features of the Site, please refer to the FAQ section on our Site. All other inquiries should be directed to [email protected].

Privacy Policy

We are committed to protecting user privacy. Please review our Privacy Policy [insert link] as it is incorporated into this Agreement by reference. Note that the Privacy Policy does not apply to Public Submitted Items, which are addressed below.

User Account

To access certain features of the Site, you must create a user account (“User Account”). You must be at least 18 years old to register. When creating a User Account, you agree to provide accurate and complete information and update it as necessary. You will choose a username and password (“Account Information”) that will allow access to certain areas of the Site. We reserve the right to refuse or cancel any User Account at our discretion.

You are responsible for safeguarding your Account Information. All activities under your User Account are your responsibility, whether or not you authorized them. Notify us immediately at [email protected] of any unauthorized use or security breach.

Access Grant; Proprietary Rights

Access Grant

Subject to this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Site and Services for personal, non-commercial, internal purposes only. This right terminates automatically upon termination of this Agreement. You may not copy, rent, lease, lend, sell, redistribute, sublicense, or assign any part of the Site or Services without our express permission.

You agree not to use the Site or Services for any illegal or unauthorized purpose and to prevent unauthorized access by third parties. You will not breach the security of the Site or Services, attempt to gain unauthorized access, or interfere with any other person’s use of the Site or Services.

Additionally, you shall not:

  • Cause unreasonable load or interference with the infrastructure;
  • Bypass security measures or restrict access to any part of the Site or Services;
  • Use automated systems to crawl or spider any portion of the Site.

You further agree not to:

  • Reverse engineer, decompile, or disassemble any part of the Site or Services;
  • Create derivative works or modifications of any part of the Site or Services;
  • Transfer or copy any proprietary rights granted herein.

You shall comply with all applicable local, state, national, and international laws while using the Site and Services.

Content

All materials on the Site and available through the Services, excluding Private Submitted Items and Public Submitted Items (as defined below), including, without limitation, logos, designs, text, graphics, files, and their selection and arrangement (collectively “Our Content”) are the property of Love, Baxter LLC or its affiliates/licensors. You may copy or print Our Content solely for personal, non-commercial, informational purposes, provided that all copyright and proprietary notices remain intact. Any other use of Our Content without our prior written consent is prohibited.

Trademarks and Other Intellectual Property

“lovebaxter.com,” “Love, Baxter LLC,” and related logos are trademarks of Love, Baxter LLC or its affiliates/licensors. You may not copy, imitate, or use these trademarks without our prior written consent. All proprietary elements of the Site and Services, including but not limited to graphics, icons, and layouts, are protected and may not be used without permission.

Our granting you access to the Site or Services does not convey any rights to our underlying software or other intellectual property beyond this Agreement.

Hyperlinks and RSS Feeds

You may create a hyperlink to the Site, provided the link does not falsely portray Love, Baxter LLC, the Site, or our products and services. This permission can be revoked at any time. You may not frame or enclose any company trademark, logo, or proprietary information without our consent. Except as provided above, no implicit licenses are granted.

We may provide portions of the Site via RSS feeds. Use of these feeds must comply with this Agreement. You may not display or reproduce substantial portions of the Site using these feeds in a way that duplicates the Site’s functionality without permission. We reserve the right to modify or disable these features at any time.

Third-Party Content & Services

We have no control over third-party content, services, business practices, or privacy policies (“Third-Party Content”) accessible from our Site. We do not endorse or guarantee the accuracy, completeness, or legality of such Third-Party Content. Use of hyperlinks to Third-Party Content is at your own risk. We are not liable for any issues arising from your reliance on or use of Third-Party Content.

User Conduct in Public Areas of the Site/Services

The Site and Services may include public forums and interactive areas (“Public Areas”). These areas are for non-commercial use only. You are solely responsible for any content (“Public Submitted Items”) you upload or transmit in these areas. You agree not to use the Site or Services to:

  1. Upload or distribute Material that is unlawful, harmful, defamatory, obscene, or otherwise objectionable;
  2. Engage in activities that encourage criminal offenses or violate rights of others;
  3. Infringe any intellectual property rights;
  4. Impersonate individuals or entities;
  5. Post unsolicited promotions, advertising, spam, or chain letters without our permission;
  6. Harm minors in any way;
  7. Upload content containing viruses or harmful code designed to disrupt or damage computer systems.

Submissions

By submitting Public Submitted Items to the Site or Services (excluding private communications), you grant Love, Baxter LLC an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, display, modify, reproduce, publish, distribute, create derivative works, and otherwise exploit those items in connection with the Site, Services, and our business, without compensation to you. You also grant all users a nonexclusive right to access and use your Public Submitted Items as permitted by the Site’s functionality and this Agreement.

You represent that you have all necessary rights to grant this license and that the use of your Public Submitted Items by us and others will not infringe any third-party rights. You agree to take any additional actions at your expense as reasonably requested by the Company to perfect these rights.

Publication or use of Public Submitted Items by the Company is at its sole discretion. We are not obligated to publish or use any Public Submitted Items. If published, we may display your username alongside the content. You must include a valid email address with your submission so we can contact you if necessary; however, only your username will be publicly displayed unless you consent to additional personal information being shared.

We do not endorse and have no control over Submitted Items. We may remove any Submitted Items at any time for any reason, including complaints from third parties or authorities. Under no circumstances will Love, Baxter LLC be liable for any loss or damage resulting from Submitted Items.

We are not responsible for how third parties access or use Public Submitted Items, nor are we obligated to restrict such access.

Release

If you have a dispute with another user of the Site or Services, you release Love, Baxter LLC (and its officers, directors, employees, and agents) from all claims, demands, and damages arising from or related to such disputes. If you are a California resident, you waive California Civil Code Section 1542.

Disclaimer

The Site, Services, and all content provided “as is” without warranties of any kind. Love, Baxter LLC disclaims all express or implied warranties, including those of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Site, Services, or content are accurate, complete, reliable, current, error-free, secure, or available at any time. Some state laws may not allow disclaimers of implied warranties, so some disclaimers may not apply to you.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or otherwise does not constitute an endorsement by Love, Baxter LLC.

Medical, Legal, and Emergency Advice Disclaimer

The Site and Services are provided for informational purposes only. Neither Love, Baxter LLC nor any contributors provide legal, medical, or professional advice through the Site or Services. The Site and Services:

  • Depend on factors outside our control, including third-party hardware, software, and networks;
  • Are not a substitute for professional legal or medical advice;
  • May not perform at the level of professional legal or medical services.

Love, Baxter LLC is not a law firm and does not offer legal advice. Using any forms or content provided by Love, Baxter LLC does not create an attorney-client relationship. Consult a qualified professional for legal or medical advice. Communications with Love, Baxter LLC are not confidential or protected by attorney-client privilege.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOVE, BAXTER LLC, ITS AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR RELIANCE DAMAGES, INCLUDING LOSS OF USE, PROFITS, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, OR (B) DIRECT DAMAGES EXCEEDING A TOTAL OF $1.00, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above limitations may not apply.

We are not responsible for technical malfunctions, service interruptions, viruses, or similar issues beyond our control. If the Site or Services become unusable due to causes beyond our control, we reserve the right to suspend or terminate access. Any attempt to deliberately damage the Site or undermine its operation may be subject to legal action.

Indemnification

You agree to defend, indemnify, and hold harmless Love, Baxter LLC, its affiliates, officers, directors, employees, stockholders, agents, suppliers, and licensors from any claims, damages, costs, and expenses (including attorneys’ fees) arising from:

  • Your use of the Site and Services or any content you provide, including any claim that such content infringes on third-party rights; or
  • Your breach of this Agreement.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with us in such defense.

Removal and Disclosure

We reserve the right to remove or delete any content or Submitted Items at our discretion, for any reason, including if we deem them inappropriate or potentially subject to liability. We may access, use, and disclose information about your use of the Site and Services and any content you submit to comply with legal requirements, protect our rights or property, or safeguard users from fraudulent or unlawful activities. Attempts by third parties to violate this Agreement through your account are considered your violations.

Applicable Law

This Agreement is governed by the laws of the State of California, without regard to its conflict of law principles. By using the Site and Services, you consent to the exclusive jurisdiction of California courts for any disputes arising under this Agreement, subject to final arbitration as set forth below.

You agree that any claims or causes of action arising out of or related to this Agreement, the Site, or Services must be brought within one (1) year after such claim arises or they will be forever barred.

Arbitration

Any dispute arising out of or related to this Agreement or the Site/Services shall be resolved through binding arbitration in accordance with applicable arbitration rules. The arbitration will be conducted in California, before a neutral arbitrator experienced with intellectual property and commercial contracts. The prevailing party in arbitration is entitled to recover reasonable expenses, including attorneys’ fees. Judgment on the arbitration award may be entered in any court with jurisdiction. Notwithstanding arbitration, either party may seek injunctive or equitable relief in a court of appropriate jurisdiction pending arbitration. By using the Site and Services, you irrevocably consent to the jurisdiction of California courts for these purposes.

Termination

Love, Baxter LLC reserves the right to terminate your access to the Site and Services, block future access, and remove any content or Submitted Items at any time without notice. If you wish to terminate your account, you may do so through Account Settings or by contacting [email protected]. All fees paid for the use of the Site, Services, or products are non-refundable. Provisions meant to survive termination will remain in effect, including those on ownership, disclaimers, indemnity, and liability.

Claims of Copyright Infringement

We respect intellectual property rights and respond promptly to copyright infringement claims. If you believe your work has been copied and is accessible on the Site or Services in a way that constitutes copyright infringement, please notify our copyright agent with:

  • Your signature (physical or electronic);
  • Identification of the copyrighted work;
  • Identification of the allegedly infringing material and its location on the Site;
  • Your contact information (name, address, telephone number, email);
  • A statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
  • A statement under penalty of perjury that the information above is accurate and that you are the copyright owner or authorized to act on their behalf.

Our designated copyright agent:

[Insert Agent Name and Contact Information for Love, Baxter LLC]

Upon receiving a valid claim, we reserve the right to remove content, disable access, or terminate user accounts as necessary. We will process and investigate claims in accordance with the DMCA and applicable law.

If you believe material was removed in error, you may provide a counter-notification containing:

  • Your signature (physical or electronic);
  • Identification of the material removed and its original location;
  • A statement under penalty of perjury that you believe the removal was a mistake or misidentification;
  • Your contact information and a statement consenting to jurisdiction in your local federal district court.

If a copyright claim is asserted against the Company, it will be resolved through binding arbitration as provided herein.

Miscellaneous

If any provision of this Agreement is deemed unenforceable, the remainder will continue in full force and effect. This Agreement constitutes the entire agreement between you and Love, Baxter LLC regarding your use of the Site and Services, superseding all prior agreements. All waivers must be in writing. The Agreement is personal to you and may not be assigned or transferred without our written consent. We may assign or transfer our rights and obligations without notice. This Agreement benefits and binds the successors and permitted assigns of the parties. Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship.

In any dispute to enforce rights under this Agreement, the prevailing party is entitled to recover reasonable costs and attorneys’ fees. Except as otherwise stated, all notices must be in writing and will be deemed given when personally delivered, sent by certified mail with return receipt, electronically confirmed email, or by next-day delivery service as described.