Terms of Use

Effective Date: January 1, 2026
Love Always Project, LLC

These Terms form an agreement between, on the one hand, the person accessing the Love Always Project website available at www.lovealwaysproject.com as well as any other platform owned by LAP, on which these Terms are posted, (collectively, the “Website”) and any person or entity you are accessing the Website for or on behalf of, and, on the other hand, the Love Always Project, LLC. Please read these Love Always Project Terms of Use (the “Terms”) and the Privacy Policy available on the Website (the “Privacy Policy”) before using the services offered by Love Always Project.

By using the Website consenting to participate in our calling, texting, and/or email marketing, or otherwise consenting to be bound by these Terms you agree to be bound by the terms of these Terms. If you are using the Website on behalf of your organization or another individual, you are agreeing to these Terms on their behalf and hereby represent and warrant that you have the authority to bind the organization or individual to these Terms. If you do not accept the terms of these Terms, then you may not use the Website or participate in our calling, texting, and/or email communications. You must be over 18 years of age to use the Website.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE WEBSITE OR ANY OF THE PRODUCTS OR SERVICES THAT ARE AVAILABLE ON OR THROUGH THE WEBSITE AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS.

THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WHICH WILL GOVERN ANY DISPUTE BETWEEN YOU AND US. UNLESS YOU OPT OUT AS DESCRIBED BELOW, THIS ARBITRATION AGREEMENT WILL (a) ELIMINATE YOUR RIGHT TO A TRIAL BY JURY; AND (b) SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS OR CONSOLIDATED PROCEEDINGS.

 Thank you for using Love Always.

Definitions
The term “Content” refers to all of the software and code comprising or used to operate the Website, and all of the text, information, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Website, including User-Generated Content and Feedback.

The terms “LAP,” “we,” “us,” and “our” means Love Always Project, LLC and any affiliate or subsidiary of LAP.

The term “you” means, collectively, any person accessing or using the Website and any person or entity such person is accessing the Website for or on behalf of.

The term “Feedback” means the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The term “including” means “including, but not limited to.”

The term “Participant” means businesses, non-profits, contributors, academics, and other institutions who contribute to the Love Always Project, the Website, or any other platform of the Love Always Project.

Your Acceptance of These Terms

Your Acceptance of Our Privacy Policy
By agreeing to these Terms, you agree to the terms of our Privacy Policy. Before using the Website or otherwise providing us any personal information, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of the Website will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.

These Terms of Use May Change
These Terms are current as of the date set forth above. We reserve the right to change these Terms from time to time, as permitted by applicable laws. These changes will be effective as of the date we post the revised version on the Terms. You acknowledge and agree that LAP may update the Terms without notifying you. Your continued use of the Website after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. If at any time you choose not to accept these Terms, you must not use the Website.

Reliance on Information Posted
The information presented on or through the Website 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 the Website, or by anyone who may be informed of any of its contents.

Your Consent to Other Agreements
When you sign up to use certain features available through the Website, you may be asked to agree to special terms or conditions governing your use of such feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the “click-through agreement.”

Calling, Texting, and Email Terms
If you consent to being contacted by us via telephone, text, email or other substantially similar means, including by voluntarily providing us with your telephone number, checking the consent box indicating such consent and clicking “SUBMIT”, or another substantially similar method, you consent to receive periodic communication telephone calls and/or recurring text messages, including from an automatic telephone dialing system or using a prerecorded message or artificial voice from LAP or third parties calling on our behalf at the telephone number(s) you provided, including your mobile telephone number(s).

If you would like to receive telephone calls and/or text messages, you must opt in as described above. You may consent for us to contact you via telephone call and text message, or telephone call only (no texts.) Your consent to receive such communications is not required as a condition of purchasing any goods or services or receiving any information from LAP.

With your consent to receive text messages, you understand that you are responsible for all charges and fees associated with text messages that may be imposed by your mobile carrier. Standard message and data rates may apply.

You agree you are the owner or authorized user of the telephone number you provide. You agree you have provided us with a valid mobile or residential telephone number. If you change your mobile or residential telephone number, you agree to notify us immediately, and opt out of all marketing telephone calls and text messages prior to changing your telephone number.

To ensure that a customer’s inquiries are handled promptly, courteously, and accurately, some of the telephone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, and service providers, to enhance service to you. You expressly consent to this monitoring and recording by using LAP.

You further agree that we may send email messages to you at any email address you provide to us or use other electronic means of communication to the extent permitted by law.

Your consent for telephone calls, text messages, and/or email messages may be revoked at any time and by any reasonable means, including providing notice by emailing us at hello@lovealwaysproject.com, by calling us at +1-855-598-7555 or by visiting our Website.

To opt out of text messages, you may also reply “STOP” to a text message from us. You will receive a one-time opt-out confirmation text message. After that, you will not receive any future messages.

At any time, you may receive support regarding our text messages to you by replying “HELP” to a text message from us. Please note that replying “HELP” will not opt you out of receiving text messages. You may stop receiving our text messages as described above.

Geographic Restrictions
The owner of the Website is based in the State of Iowa in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Ownership of the Website and its Content
The Website, including all its Content, are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. As between you and LAP, all Content and intellectual property rights therein are the property of LAP and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on the Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted by you in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use the Website and to display, download, or print portions of the Website on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks
The LAP names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of LAP. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Website are the property of their respective owners. You are not authorized to display or use the LAP marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Website without the prior written permission of such owners. The use or misuse of the LAP marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your Obligations
In consideration of your use of the Website, to the extent you provide personal information to us, you represent and warrant that such information is true, accurate, current, and complete, and that you have the right to provide such information to us for the uses and purposes set forth in these Terms, and you confirm that you will update all personal information as necessary.

To the extent you create an account through the Website, any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account, whether such activities are actually performed by you or by anyone else using your account, whether or not authorized by you. You must change your password immediately if you believe your password may have been compromised or used without authorization. You also must immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified, you will remain liable for any unauthorized use of your account.

Any use of the Website may only be in a manner consistent with these Terms and all applicable rules and regulations. You must not upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website is strictly prohibited. We reserve all rights and remedies available to us.

Prices and Payment
The prices displayed on the Website are quoted in U.S. dollars only. Fees for any products do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, note that the price of any products or services listed on the Website do not include value-added or other taxes or dutie to or from your jurisdiction, as imposed under applicable law or by a governmental agency or authority from time to time (collectively, “Taxes and Duties”). For clarity, and without limiting the foregoing, you acknowledge and agree that you are solely responsible for the payment of all Taxes and Duties in connection with your purchase of any products on or through the Website.

All orders are subject to our acceptance or rejection based on product availability, compliance with these Terms, or any other reason as determined in our sole discretion. The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. You authorize us or our third-party payment processor to charge all sums for the orders of products that you make and fees for the service as described in these Terms or published by us, to the payment method you provide us. If you pay any fees with a credit card, we, or our third-party payment processor, may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You are responsible for all purchases using the payment method you provide. “Payment method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail, billing address, or phone number provided at the time the order was made.

We reserve the right at any time to modify or discontinue any service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• 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 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• 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 Website, the server on which the Websiteis stored, or any server, computer, or database connected to the Website.
• 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 Website.

 
DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LAP, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOMESTEADERS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED LAP SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF LAP AND/OR ANY AFFILIATES AND SUBSIDIARIES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU. THESE LIMITATION DOES NOT APPLY TO YOU IN THE STATE OF NEW JERSEY.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE AND RECEIPT OF MARKETING TELEPHONE CALLS, TEXT MESSAGES AND/OR EMAIL MESSAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

This Website gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Third-Party Websites
This Website may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. LAP and/or our affiliates and subsidiaries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Please be aware that we may receive a commission (or other similar compensation) if you make a purchase with certain third parties or through certain third-party platforms when you access those third parties or their platforms via links or references on this Website.

Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Waiver
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by LAP of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms

Severability
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

Governing Law; Dispute Resolution; Class Action

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

The laws of the State of Iowa will govern these Terms, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms to initiate litigation in a court, you agree that any action arising out of these Terms, or your use of Service, shall be brought in state or federal court in the State of Iowa and you consent to the jurisdiction of such courts.

a) Disputes that Must Be Arbitrated

This agreement applies to any “Dispute” between you and LAP. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and LAP that arise out of your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.

The exceptions to this arbitration requirement are the following: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or LAP’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.

b) Informal Resolution

If you have a Dispute against LAP or if LAP has a dispute against you, LAP will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and LAP will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or LAP receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.

You must send any Notice of Dispute by email or via U.S. mail to one of the following addresses:

Address: 5700 Westown Parkway
Des Moines, Iowa 50266
Email: hello@lovealwaysproject.com

LAP will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided LAP. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.

The Notice requirement is designed to allow LAP (or you, in the case of a dispute LAP asserts against you) to make a fair, fact-based offer of settlement if LAP or you choose to do so. You and LAP cannot proceed to arbitration unless this information has been provided. If you or LAP proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.

c) Small-Claims Court

You and LAP agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Polk County, Iowa may be brought as individual actions in such small-claims courts. LAP hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.

d) Binding Individual Arbitration

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does LAP consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.

You and LAP agree that Disputes will be settled by binding individual arbitration conducted by National Arbitration and Medication (“NAM”) according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.

“Arbitration” means that Disputes between you and LAP will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

“Individual” means that the arbitrator may award the same remedies to you or to LAP as a court could, but only to satisfy your or LAP’s individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.

“Binding” means that both you and LAP will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

e) Arbitration Procedure and Location

You or LAP may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with NAM in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures. Instructions for filing a Demand for Arbitration are available at www.namadr.com or by calling NAM at 1-800-358-2550. You will send a copy of any Demand for Arbitration by email or via U.S. mail to the following address:

Address: 5700 Westown Parkway
Des Moines, Iowa 50266
Email: hello@lovealwaysproject.com

LAP will send any Demand for Arbitration to the email address and to any address you have provided LAP.

The arbitration will be conducted by a single arbitrator. You and LAP both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms. The arbitrator shall permit LAP and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted.

For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Polk County, Iowa unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and LAP agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or LAP to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

f) Consumer Arbitration Fees

Payment of all filing, administration, and arbitrator costs and expenses imposed by NAM will be governed by the Consumer Arbitration Rules, except if you are initiating an arbitration against LAP and the value of the relief sought is $10,000 or less, then LAP will advance all filing, administrative and arbitration costs and expenses imposed by NAM (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose).

Even if the Dispute involves a claim of damages of more than USD $10,000, LAP may still help you with your fees if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, LAP will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).

Notwithstanding LAP’s agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD $10,000 or less, LAP will not pay a claimant’s share of fees if (1) the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD $10,000 or less for all claimants; or (2) you comply in good-faith with the Informal Resolution provision of this section.

You and LAP agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.

You are responsible for all other additional costs that you may incur in the arbitration, including attorney's fees and expert witness costs, unless LAP is otherwise specifically required to pay such fees under applicable law. Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. If LAP starts an arbitration against you, LAP will pay all filing fees.

g) Notice and Filing

To the fullest extent permitted by applicable law, you or LAP must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or LAP to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and LAP will not have the right to assert the Dispute.

h) Coordinated Filings 

If 25 or more Disputes are initiated with NAM that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” LAP will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to LAP, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and LAP shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.

Once all Notices of Dispute have been provided to LAP for Coordinated Cases, counsel for claimants and counsel for LAP shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for LAP do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against LAP, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against LAP.

A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and LAP agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for LAP must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for LAP cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for LAP will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Polk County, Iowa if federal jurisdiction exists, in the United States District Court for the District of Iowa and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or LAP from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and LAP reserves the right to contest class certification at any stage of the litigation and on any available basis.

A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. 

i) Continuation in Effect

The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and LAP.

j) Future Terms Changes

Although LAP may revise these dispute resolution terms in its discretion, LAP does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.

k) Class Action Waiver

To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Coordinated Filings provision) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and LAP reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and LAP will only bring disputes, claims, or controversies between LAP in an individual capacity only and shall not: 

• seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
• consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.

l) Severability

If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and LAP agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and LAP agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

m) Your 30-Day Right to Opt Out

You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision by email or via U.S. mail to one of the following addresses:

Address: 5700 Westown Parkway
Des Moines, Iowa 50266
Email: hello@lovealwaysproject.com

Your notice must include your name, mailing address, and email address associated with your account with LAP, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that LAP receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, LAP will not be bound by them with respect to disputes with you.

Indemnity
You shall indemnify and hold LAP, and Participant, and its and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Website causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Entire Agreement
These Terms (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and LAP with respect to this Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Homesteaders with respect to this Website and your use of this Website.

Dealings with Third Party Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge that LAP is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. LAP will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website

Questions
If you have any questions about this Website or these Terms, please contact us using the following information:

Love Always Project
5700 Westown Parkway
Des Moines, Iowa 50266

You may also call us at +1-855-598-7555 or email us at hello@lovealwaysproject.com.