Terms & Conditions
Thank you for your interest in Loved01 and our affiliates, subsidiaries, and operating companies ( “Loved01”, “we”, or “us”). These Terms of Use (“Terms”) apply to certain publicly available websites that we own, license or otherwise operate (each a “Site”) and that link to these Terms, and to the products, goods, or services your purchase through the Site or otherwise from us. For purposes of these terms, the Site and all information, products, goods and services sold or furnished by Loved01 shall be referred to collectively as the “Services.”
By using the Services, you are entering into a legally binding agreement with us, and you hereby agree to these Terms, as well as any other terms, policies, guidelines, or rules that apply to any sub-section or portion of the Services (“Supplemental Terms”). In the event of a conflict between these Terms and any Supplemental Terms, the terms and conditions set forth in the Supplemental Terms shall supersede and control with respect to such conflict.
If you do not agree to these Terms and any applicable Supplemental Terms, then you cannot use or access our Sites. For purposes of these Terms, Loved01 and you may each be referred to as a “party” or collectively as the “parties.”
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR RIGHTS AND LIABILITIES, AND THEY ADDRESS CIRCUMSTANCES WHERE YOU AGREE TO RESOLVE DISPUTES VIA BINDING ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL, AND YOUR ABILITY TO PARTICIPATE IN CLASS ACTIONS.
By using this Site, you represent and warrant to Loved01 that you: (i) are at least sixteen (16) years old, (ii) are legally authorized to enter into, and agree to, these Terms, and (iii) will, at any and all times, comply with these Terms. You may only access and use the Services if you are located in the United States.
1. Privacy Policy
Your use of our Site is subject to any privacy statement or policy (each “Privacy Policy”) that is located on or incorporated into the Site, including our corporate Privacy Policy. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide to Loved01, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully. For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy, and any applicable Cookie Policy, shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. You are prohibited from providing Loved01 with any “consumer health data” or similar health data, as these terms may be defined under law.
2. Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
3. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Loved01, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications; and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You hereby acknowledge and agree that you will not (i) modify copies of any materials from our Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site; and (iv) access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Loved01. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
4. Digital Millennium Copyright Act (“DMCA”) Policy
Loved01 will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material on the Site. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to our designated DMCA agent at: A-Frame Legend Co Inc. Attn: DMCA Copyright Agent 73 Market Street Venice, CA 90291 info@loved01.com
Any such notice should include the following: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) your name, address, telephone number and email address (if available); and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our designated DMCA agent listed above, provided that such counter-notification must be in writing and contain the following required information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (iv) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court in Los Angeles County, California, and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person. If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
5. Trademarks
Loved01’s name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of Loved01 or its affiliates or licensors. You must not use such marks without the prior written permission of Loved01. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
6. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site: (i) 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 United States or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking them for personally identifiable information; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (v) to impersonate or attempt to impersonate Loved01, any Loved01 employee, another user of the Site, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Loved01 or users of the Site, or expose them to liability.
Additionally, you agree not to: (i) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site; (ii) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (iii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Site; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and (viii) otherwise attempt to interfere with the proper working of the Site.
Machine Learning Prohibitions. You are strictly prohibited from using any information, content, or materials on, or otherwise derived from, the Site for purposes of, or related to, training artificial intelligence technologies, including without limitation, training such technologies to generate text, images, audio, or other content in any style, form, or manner. For the avoidance of doubt, you do not have the right to, and you do not have the right to sublicense others to, reproduce and/or otherwise use any information, content, or materials on or otherwise derived from the Site in any manner for purposes of training artificial intelligence technologies.
7. Site Monitoring; User Contributions; Feedback; Submissions
Please be aware that we and our service providers and partners use cookies and other tracking technologies within the Site to monitor and record any and all activities and communications to, from, and on, the Site. For the avoidance of doubt, you hereby acknowledge, agree, and consent to, such monitoring and recording by us and our service providers and partners.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary. By posting any User Contribution on the Site, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Loved01, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. If you send us feedback, creative ideas, suggestions, inventions, or materials (collectively “Feedback”), Loved01 will (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
8. Monitoring and Enforcement
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Loved01. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the absolute right to terminate or suspend your access to all or part of the Site for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS LOVED01 AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LOVED01 AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER LOVED01 AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot, and do not undertake to, review material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
This section constitutes the “Content Standards” that apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Reliance on Information Posted
THE INFORMATION PRESENTED ON OR THROUGH THE SITE 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 SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Loved01, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Loved01. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Mobile Messaging Program
In the event you opt-in to our Mobile Messaging Program, we will collect and use your mobile telephone number to maintain and administer our Mobile Messaging Program. Please review our Mobile Messaging Program Terms and Conditions and Privacy Policy for more information about the Mobile Messaging Program, including information on how to unsubscribe or update your personal information therein and your responsibilities and liabilities related thereto. In the event of a conflict between Mobile Messaging Program Terms and Conditions and Privacy Policy and these Terms, the Mobile Messaging Program Terms and Conditions and Privacy Policy shall supersede and control with respect to such conflict.
12. Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
13. Linking to the Site and Social Media Features
You may link to our Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Site may provide certain social media features that enable you to: (i) link from your own or certain third-party sites to certain content on this Site, (ii) send emails or other communications with certain content, or links to certain content, on this Site, and (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not do any of the following: (i) establish a link from any site that is not owned by you to the Site; (ii) cause the Site or portions of it to be displayed on, or appear to be displayed by, any other Site; (iii) link to any part of the Site other than the homepage; or (iv) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. The Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards. You agree to cooperate with us and to immediately stop any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
14. Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
15. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. YOUR USE OF THE SERVICES, INCLUDING THE SITE, ITS CONTENT, AND ANY PRODUCTS, GOODS, OR ITEMS OBTAINED THROUGH US IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SITE, ITS CONTENT, AND ANY INFORMATION, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOVED01 NOR ANY PERSON ASSOCIATED WITH LOVED01 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LOVED01 NOR ANYONE ASSOCIATED WITH LOVED01 REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, LOVED01 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LOVED01 OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING THE SITE, ANY THIRD-PARTY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BREACH OF PERSONAL INFORMATION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS LEGALLY PROHIBITED, THEN TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LOVED01 AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).
17. Indemnification
You agree to fully and completely defend, indemnify, and hold harmless Loved01, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and 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 or your use of the Services, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
18. Governing Law; Waiver of Class Action; Tester Prohibition
Unless otherwise provided for herein, the Terms (including the Privacy Policy incorporated herein) shall be governed in all respects by and construed in accordance with the laws of the State of California without regard to its conflicts of law principles.
YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST LOVED01 ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You are prohibited from using our Services if you are a “Tester”. For purposes of these Terms, a Tester is defined as “an individual whose primary purpose of using, or attempting to use, the Services is to seek to identify legal violations in connection with the Services”.
19. Dispute Resolution
There might be an occasion in which you and Loved01 are subject to a Dispute (as defined below) that directly or indirectly arises out of, or relates, to these Terms, the Site, or your engagement with Loved01. In the event of such a Dispute, each party hereby agrees (i) to comply with the Mandatory Informal Dispute Resolution Process as set forth below, and, (ii) that, if the Mandatory Informal Dispute Resolution Process does not resolve the Dispute, then it will comply with the Formal Dispute Resolution Process.
Mandatory Informal Dispute Resolution Process
For any Dispute that arises between you and Loved01 concerning or otherwise related to these Terms, the Site, or your engagement with Loved01, each party agrees that it will first make a good faith effort to resolve such a Dispute informally before initiating any formal dispute resolution proceeding, as set forth below.
THIS INFORMAL DISPUTE RESOLUTION PROCESS IS A CONDITION PRECEDENT AND PREREQUISITE TO COMMENCING LEGAL ACTION AGAINST LOVED01. This informal dispute resolution process requires that one party send a written description of the Dispute, including the nature and basis of the claim and the nature and basis of the specific relief sought (with a calculation for it), to the other party that also includes contact information (name, address, email, phone number) (the “Notice”). For any Dispute you initiate, you agree to send this Notice, along with any other relevant information, to the following: A-Frame Legend Co Inc., ATTN: Legal Department, 73 Market Street, Venice CA 92091.The party initiating the Dispute must personally sign the Notice (along with an attorney if you or we are represented) that is mailed to us. You also agree to provide a carbon copy of the Notice to info@loved01.com, with the subject line “INFORMAL DISPUTE RESOLUTION”.
After the Notice of a party’s intent to engage in the informal dispute resolution process is transmitted and received by the parties, in accordance with the aforementioned instructions, each party hereby agrees to promptly negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference between the parties, if the party that receives the Notice requests the same. If either party to the Dispute is represented by counsel, that party’s counsel may participate in the informal dispute resolution process, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the Dispute is not resolved within sixty (60) days after receipt of the fully completed Notice of the informal dispute, each party agrees to the Formal Dispute Resolution Process set forth below. The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enforce the terms of this mandatory informal dispute resolution process and to enjoin the filing or pursuit of an arbitration demand for a party’s non-compliance with this mandatory informal dispute resolution process. A party may also seek monetary relief in connection with this this informal dispute resolution process.
Formal Dispute Resolution Process
Any Dispute between you and Loved01 directly or indirectly arising out of or relating to related to these Terms, the Site, or your engagement with Loved01 that cannot be resolved through the aforementioned informal dispute resolution process shall be resolved exclusively by final and binding arbitration taking place in Los Angeles County, California under the Rules of Arbitration (the “Rules”) of JAMS Inc. (“JAMS”) by a single arbitrator selected by the parties or, if the parties are unable to agree, appointed by JAMS in accordance with the said Rules. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of JAMS over any such dispute. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the State of California, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Time Bar
Any cause of action or claim you may have directly or indirectly arising out of or relating to these Terms, the Site, or your engagement with Loved01 must be commenced within one (1) year after the claim or cause of action arises.
Terms
For purposes of these Terms, the term “Dispute” shall be interpreted as broadly as permitted under the law and shall cover any claim or controversy, related to Loved01 or our relationship with you, including but not limited to, any and all: (i) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (ii) claims that arose before these Terms; (iii) claims that arise after the termination of these Terms; and (iv) claims that are the subject of purported class action litigation.
20. Waiver and Severability
No waiver by Loved01 of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Loved01 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the Terms will continue in full force and effect.
21. Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Loved01 regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
22. Purchase Terms
PLEASE READ THESE PURCHASE TERMS; THESE PURCHASE TERMS APPLY IN ADDITION TO ANY OTHER TERMS AND CONDITIONS SET FORTH IN THESE TERMS.
Loved01 may offer products for purchase through the Services. The products available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms. All products should be used strictly in accordance with their instructions, precautions and guidelines. We attempt to provide accurate descriptions of our products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product is not as described, your sole remedy is to return the item unless otherwise specified in writing by us.
You should always check the product ingredients to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any products or information in the Services before using or relying on them. Use by a child of any product should be only after the child’s parent or legal guardian has discussed the product with the child’s physician. Loved01 does not provide or intend to provide any answers to medical-related questions and the Services do not replace the advice of any medical professional or medical resource. Statements made about products available through the Services have not been evaluated by the U.S. Food and Drug Administration (FDA) or any other government agency and the results reported, if any, may not occur in all individuals. Such statements and products sold through Loved01 are not intended to diagnose, treat, cure or prevent any condition or disease. While Loved01 has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
All orders are subject to our acceptance or rejection based on product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. We may take steps to verify your identity to process your order and may limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made, and we will either not charge you or will refund the charges for orders that we cancel or do not process. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All prices displayed on the Services are quoted in U.S. Dollars, are exclusive of any applicable local, state, or federal taxes, and are valid and effective only in the United States. Shipping and handling fees, if any, will be reviewable prior to submitting your order. We strive to provide accurate pricing information regarding the products. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, not to process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If an error occurs, we will notify you by email and may refund the payment for such order. Product prices are subject to change without notice. We occasionally run promotions or provide limited-time offers for our products. Please review the promotion or offer for eligibility and other terms and conditions We may, in our sole discretion, offer promotional codes at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid. Discounts and discount thresholds exclude taxes and charges for shipping and handling. Discounts cannot be used in conjunction with any other offers.
All payments through the Services are processed using a third-party processor. If you wish to purchase a product or any service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us (or the third party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the products as such costs are specified by us when you submit your order. After you place your order, we will send you a confirmation email.
The Site may contain information regarding the availability of products. In rare cases, a product may be shown as in stock when you place the order, but becomes sold out prior to our processing of the order. Should this happen, we will notify you by email, and offer you an option to cancel the item and receive a refund, or offer you an option to delay receipt of the product. We also may offer some products for sale before they have been manufactured or arrive at our warehouse (i.e.; ‘pre-order’). When you pre-order these products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order.
Loved01 currently ships only to locations within the 50 United States, although some products cannot be shipped to addresses in Alaska or Hawaii due to federal regulations. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. Please refer to our Shipping Information for more details.
Excluding pre-orders, your order will be fulfilled by the delivery date set out at time of the transaction or in your order confirmation. If no delivery date is specified, then you will receive your order within 30 days after the date of the order confirmation, unless there are exceptional circumstances, at which point we will inform you of a new estimated delivery date. Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, we will contact you. Products within the same order cannot be delivered to different addresses. Ownership of the product ordered will also pass to you upon your receipt of the product, provided full payment of all sums due in respect of the product, including any delivery charges, has been received. Once received and paid for, the product ordered will be at your risk. If any product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. If you believe a product was delivered in a damaged or faulty state or has developed a fault, you should inform us as soon as possible, preferably in writing, and follow instructions provided by our customer service department.
Except for Products which are final sale, we accept returns and exchanges if requests are submitted within 30 days of you receiving the order in its entirety. To return or exchange a product, please email us atinfo@loved01.com for returns and exchanges. Upon receiving the returned product(s) from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, including the cost of standard delivery; however, we will not refund your cost of returning the product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Please refer to our Returns Policy for more information.
23. Changes to the Terms
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Site signifies your consent to the Terms, as of the “Last Updated” date.
24. Contact Us
If you have questions regarding these Terms, or would like to request more information from us, please contact us at A-Frame Legend Co Inc., ATTN: Legal Department, 73 Market Street, Venice CA 92091.