TERMS OF SERVICE

Last modified: February 6, 2025

Acceptance of the Terms of Service

These terms of service are entered into between you and TrafficSoup, LLC (Company). The following terms and any documents they reference govern your access to and use of this website (Website) including any content, functionality, and services offered on or through this website.

This Website terms of use for https://www.brandilove.com constitutes a legal agreement and is entered into between you and the Company. The following terms, together with any documents or additional terms it expressly incorporates by reference (collectively, this Agreement), governs your access to and use of, including any content, functionality, and services offered on or through https://www.brandilove.com (Website).

By using the Website, you accept and agree to be bound and comply with this agreement and our Privacy Policy, found at https://www.brandilove.com/privacy, incorporated by reference. If you do not agree to this agreement or the Privacy Policy, you must not access or use the Website.

By using this Website, you state that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all the preceding eligibility requirements. By accessing this Website, you affirm that you are of legal age in your jurisdiction to view adult content. You acknowledge that the Website contains material of a sexually explicit nature and you are accessing it willingly and at your own risk. If you do not meet all these requirements, you must not access or use the Website.

Nature of Website

The Website serves as a landing page for Brandi Love and links to her official platforms, socials and brand affiliates. Company content is primarily designed for individuals who are at least 18 years of age or the legal age of majority in their jurisdiction. Please be advised that content on this Website may include explicit language and references to adult themes.

Users are advised to exercise judgment and abide by applicable laws regarding adult content. The Company will not be liable for content on external linked websites.

Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in limiting access to material that is harmful to minors. You can find information about providers of these protections on the Internet by searching parental control protection or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which the Company provides for informational purposes only and does not endorse: CYBERsitter | Net Nanny | CyberPatrol | ASACP.

Changes to the Terms of Service

Company may revise and update these terms of service on one or more occasions. All changes are effective immediately upon posting and apply to all access to and use of our Website afterwards. However, any changes to the Dispute Resolution section will not apply to disputes for which the parties had actual notice before the changes were posted.

By continuing to use our Website after revised terms are posted, you accept and agree to the changes. You are responsible for checking this page regularly to stay informed of any updates, as they are binding on you.

Intellectual Property Rights

The Website, along with all its content, features, and functionality; including but not limited to information, software, text, displays, images, video, audio, and design, selection, and arrangements are owned by the Company, its licensors, or other content providers. These materials are protected by United States and international laws governing copyrights, trademarks, patents, trade secrets, and other intellectual property rights.

Brandi Love is a Federally Protected Trademark under Serial Numbers 88913887 & 88981078.

Any and all unauthorized use will be pursued vigorously to the fullest extent the law allows.

You must not:

a. Modify copies of any materials from the Website. b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
c. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Websites.
d. Share downloaded Content with others, upload it to public or private servers, or make it available for download or streaming by others.
e. Alter, edit, or create derivative works from the Content, including but not limited to creating compilations, mashups, or remixes.
f. Attempt to bypass, remove, or disable any digital rights management (DRM) software or other security measures used to protect the Content.

You must not access or use any part of the Website, or any services or materials available through them, for commercial purposes.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these terms of service, your right to use the Website will terminate immediately. You must also destroy any copies of the materials you have made, including downloaded Content. No ownership interest in the Website or its Content is transferred to you. The Company reserves all rights not granted under these terms of service. Any unauthorized use of the Website is a breach of these terms of service and may violate copyright, trademark, or other applicable laws.

Prohibited Uses:

You may use our Website only for lawful purposes and in accordance with these terms of service.

You must not use any of the Website:

a. In any way that violates any 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).
b. To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these terms of service.
d. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
e. To impersonate or try to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).
f. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or that, as determined by us, may harm the Company or users of the Websites, or expose them to liability. Additionally, you must not:

a. 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.
b. Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Websites or any services provided through, or concerning, the Websites for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any "robot," "bot," "spider," "scraper," or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Websites or any data, content, information, or services accessed through the Websites, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models that includes but is not limited to patterns, trends, and correlations.
c. Use the Website or any data published by, contained in, or accessible through, the Website or any services provided through, or concerning, the Website for the purposes of developing, training, fine-tuning, or validating any AI system or model or for any other purposes.
d. Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not authorized in these terms of service, without our prior written consent.
e. Use any device, software, or routine that interferes with the Websites' proper working.
f. Circumvent, remove, alter, deactivate, degrade, block, obscure, or thwart any of the content protections or other elements of the Website, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks.
g. Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.
h. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. i. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored, or any server, computer, or database connected to the Website.
j. Attack the Websites by a denial-of-service attack or a distributed denial-of-service attack.
k. Otherwise try to interfere with the Websites' proper working.

Reliance on Information Posted:

The information provided on or through our Website is for general informational purposes only. We make no guarantees about the accuracy, completeness, or usefulness of this information. Any reliance you place on it is strictly at your own risk. We are not liable for any reliance placed on this information by you, other visitors to our Website, or anyone who may be informed of its contents.

Our Website may include content from third parties, such as materials provided by other users or nonparty licensors. All statements, opinions, articles, responses to questions, and other content—other than content provided by the Company—are solely the opinions and responsibility of the individuals or entities providing them. These materials do not necessarily reflect the Company's views. We are not responsible or liable to you or any third party for the content or accuracy of materials provided by nonparties.

Changes to the Websites

We may update the content on our Websites periodically; however, the content may not always be complete or up to date. Materials on our Websites might become outdated at any time, and we are under no obligation to update them.

Other Terms and Conditions

Additional terms may apply to specific portions, services, or features of the Website. These additional terms are incorporated into and form part of these terms of service.

Linking to Our Websites and Social Media Features

You may link to our Website homepage, on condition that you do so in a fair and legal manner that does not harm our reputation or take advantage of it. However, you must not establish a link in a way that suggests any form of association, approval, or endorsement by us without our prior written consent. Links To Other Websites:

The Website may include links to external sites and resources provided by third parties, such as banner advertisements and sponsored links. These links are offered for your convenience only. We have no control over the content of these external sites or resources and accept no responsibility for them or any loss or damage resulting from your use of them. If you choose to access any third-party websites linked to our Websites, you do so at your own risk and subject to the terms and conditions of those websites.

Indemnification

You shall indemnify the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to your violation of these terms of service or your use of our Website.

Dispute Resolution

Governing Law

Florida law governs all adversarial proceedings arising out of this agreement or access or use of our Website. Equitable Remedies:

Each party acknowledges that (1) breach by either party of that party's obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Arbitration and Class Action Waiver

Mandatory Arbitration. You and the Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

Arbitration forum. As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or access or use of our Websites (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation ("NAM") in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction. The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and any arbitration.

Arbitration procedures. Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator. Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Wilmington, Delaware, or any other place mutually agreed on by the parties. The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. The Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate, except that the state or federal courts of Wilmington, Delaware have the authority to determine any dispute about enforceability or validity of the class action waiver.

Small claims exception. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class and Jury Trial Waivers. The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person's claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and the Company agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the Arbitration Agreement will remain in force.

Time Limit to File Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of our Websites more than one year after the date that dispute arose.

Waiver and Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of service will continue in full effect.

Entire Agreement

These terms of service constitute the entire understanding between the parties regarding this agreement or access or use of this Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company arising out of this agreement or access or use of the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.

California Users and Residents

California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.