: April 26, 2023
Welcome to LOVE™ – a socially-driven marketplace for experiencing love and wellbeing. At love.com, you can find answers to healing focused on your physical and mental wellbeing while shopping for products to help you on your journey to healing in an engaging, meaningful, and authentically ‘you’ way (collectively, the “Products”).
1. Accepting these Terms.
Please note that Section 18 (Governing Law & Dispute Resolution) of these Terms contains an arbitration clause and class waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, thereby giving up any rights you would have otherwise had to litigate claims in a court or before a jury, participate in a class action, or representative action with respect to a claim.
2. Additional Terms.
- Seller Terms & Conditions. If you list any items for sale through the Platform, these policies apply to you.
- Buyer Terms & Conditions. If you use the Platform to purchase any Products, these policies apply to you.
3. Accessing the Platform & Account Security
In order to access or use the Platform, you will need to abide by the following rules:
A. Eligibility. Unless otherwise provided, our Platform is offered and available to users who are 18 years of age or older. By using our Platform and agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (ii) you have not previously been suspended or removed from the Platform; and (iii) that your registration and your use of the Platform is in compliance with applicable Laws (defined below). If you are using the Platform on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and you agree to be bound by them on behalf of such entity. Select areas of the Platform and certain Products are available for sale to users who are 21 years of age or older. Collectively the age requirements of the Platform are referred to herein as the “Required Age.”
C. Account Username. You will need to create an account username that is associated with your account. In creating your username, you may not use language that is offensive, vulgar, infringes third-party intellectual property rights, or otherwise violates the Terms.
D. Account Management. You’re solely responsible for any activity on your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your account 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. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you are sharing an account with another user, then the user whose financial information is on the account will ultimately be responsible for all activity.
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Platform, or the entire Platform, to users, including registered users. You are responsible for both: (a) making all arrangements for you to have access to the Platform; (b) ensuring that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
4. User Generated Content
Our Platform provides an opportunity for you to post reviews, comments, listing photos and descriptions, usernames, and other content on the Platform in accordance with these Terms (collectively, “UGC”). If you do post UGC, then you must adhere to the following content rules:
A. Permission. You retain ownership of copyright and any other proprietary rights you hold in UGC that you post to the Platform. By posting UGC, you hereby grant: (a) Love.com a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, store, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display UGC, in whole or in part, throughout the world in any media formats and through any media channels (now known or hereafter developed); and (b) each user of the Platform a worldwide, non-exclusive license to access and use your UGC in connection with the Platform. The foregoing license authorizes us to make your UGC available to the rest of the users of the Platform and let such people do the same. You agree that the license includes the right for us to provide, promote, and improve the Platform and to make UGC submitted to or through the Platform available to other companies, organizations or individuals for any reason, subject to our terms and conditions for such UGC use. Any additional uses by us, other users, other companies, organizations or individuals, is made with no compensation paid to you with respect to the UGC, and your use of the Platform is agreed as being sufficient compensation for the UGC and the rights granted herein. We will not be liable for any content you post on our Platform, including, any errors or omissions, or any loss or damage incurred as the result of the use of any UGC in any manner. We are not responsible for any user’s use or misappropriation of any UGC that you submit.
B. UGC Representations & Warranties. You represent and warrant that: (a) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Love.com and users of the Platform to use and distribute your UGC as necessary to exercise the licenses granted by you in these Terms; and (b) your UGC is compliant with all applicable laws, statutes, regulations, standards, or rules (“Laws”); and (c) the UGC you post, and the use of it, does not and will not: (i) violate, infringe, or misappropriate any third-party right, including, but not limited to, any publicity right, copyrights, trademark, patent, trade secret, moral right, privacy right, contract rights, or any other intellectual property or proprietary right; or (ii) be abusive, threatening, slander, defame, libel, or violate the property rights of any other person.
C. Disclaimer. We will not be liable for any content you post or access on our Platform, including, but not limited to, any errors or omissions, or any loss or damage incurred as the result of the use of any UGC in any manner. We are not responsible for any user’s use or misappropriation of any UGC that you submit. Buyer Reviews (defined below) are the author’s opinion, and not our opinion and should not be read as an endorsement of any Product. We have not verified Buyer Reviews or approved them. We are not obligated to control, investigate, or edit UGC that you and other users publish on our Platform. You understand that we may preserve UGC and may, at any time and without prior notice, remove any UGC that in our sole judgment violates the Terms or is otherwise objectionable. We also reserve the right to disclose UGC if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any UGC violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. If UGC is alleged to infringe the rights of third-parties, we will take appropriate action, such as disabling it or terminating your account for repeat infringements. You understand that the technical processing and transmission of the Platform, including your UGC, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks. Statements regarding products on the Platform have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
D. Digital Millennium Copyright Act (DMCA). It is Love's policy to terminate access and/or account membership privileges of any user who repeatedly engages in copyright infringement upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. If you are a copyright owner or an agent thereof and believe that any content on the Platform infringes your copyrights, please review our DMCA Policy.
E. Age Requirement. If you are not of the Required Age to access the select area of the Platform or the Product, you may not provide UGC.
5. Reviews & Scoring
A. Buyer Reviews. Buyers are permitted to submit reviews of Products, which may include written reviews and/or scoring of Products (“Buyer Scoring”) that they purchase on the Platform (collectively, written reviews and Buyer Scoring, the “Buyer Reviews”). Love.com will accept no responsibility for any actions taken or not taken on the basis of Buyer Reviews. Love.com does not guarantee or warrant that any of the Buyer Reviews are complete, accurate, or current. No Buyer Review shall be used for any purpose or reproduced, disseminated, quoted or referred to at any time, in any manner or for any purpose without Love’s prior written consent. Buyer Reviews will be sent to the Love team to ensure that such reviews comply with our content guidelines before being published on the Platform. Once approved, Buyer Reviews will be published to the relevant Product landing pages.
B. Love.com Advisory Board Reviews. Our Platform also includes a review process administered by the love advisory board (“Love.com Advisory Board”), a team of experts across many different areas of expertise including but not limited to psychology, neurology, nutrition, quality control, general medical practitioners, who, based on their own individual expertise and experience, provide strategic insight into Products for research purposes. The Love.com Advisory Board does not warrant, represent, or otherwise endorse any of the Products listed on the Platform. All reviews, opinions, research and advice given by the Love.com Advisory Board are intended solely for the benefit and use of Love.com to support its product-related strategies and initiatives and no person or entity (other than Love) is entitled to make use of or rely upon any of the reviews, opinions, research, or advice of the Love.com Advisory Board, and no such review, opinion, research, or advice shall be used for any purpose or reproduced, disseminated, quoted or referred to at any time, in any manner or for any purpose without Love’s prior written consent. Further, the Love.com Advisory Board’s reviews, opinions, research and advice are intended for general information purposes and are not intended to provide any specific advice or counsel which may be relied upon, whether medical, legal or otherwise. The Love.com Advisory Board does not guarantee or warrant that any of the reviews, opinions, research or advice it generates are complete, accurate, or current.
C. Community Rating. Each Product on the Platform shall receive a “Community Rating,” which shall be based on Buyer feedback on our platform.
D. Love Rating. Each Product on the Platform shall also receive a “Love Rating,” which is a Love proprietary scoring system based on a myriad of factors determined by Love.
6. Intellectual Property
The Platform and its entire contents, features, designs, compilation, computer code (including source or objective code), products, services, functionality (including but not limited to all websites, mobile apps, information, trademarks, logos, HTML, look and feel, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all other elements of the Platform are owned by LOVE.COM, its licensors, or other providers of such material and are protected by state, United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform. No right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by LOVE.COM. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
7. Your Use of the Platform
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform, subject to the Terms and the restrictions set out below. In addition to the below, you are responsible for paying all fees that you owe to Love.com and collecting and/or paying any applicable taxes for any purchases or sales you make through the Platform.
You agree that you shall not:
- Use our Platform in a manner that in any way violates any applicable Laws;
- Use our Platform to make claims that any Product is intended to prevent, diagnose, mitigate, treat, or cure disease unless such claims comply with applicable Laws related to such claims;
- Use our Platform 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;
- Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful or otherwise in appropriate;
- Attempt to collect personal information about users or third parties without their consent;
- Use the Platform or any of Love’s names or logos without our written consent, including, but not limited to: (a) send any unsolicited or unauthorized content or (b) use any meta tags or other hidden text or meta data utilizing a Love.com trademark, logo, or URL without our written consent;
- Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, unless you obtain our express prior written consent to do so;
- Sell or otherwise transfer your account or UGC associated with your account;
- Impersonate or attempt to impersonate any person or entity (including Love.com or any of our employees), claim false affiliations (including affiliations with Love.com or any of our partners), accessing the accounts of others without permission, or falsifying your age or date of birth;
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Love.com or its users, or expose them to liability.
- Take any action that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform;
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
- Use any automated or manual processes to scrape, collect, or otherwise gather any content made available on or via the Platform, or otherwise obtain or attempt to obtain any content, materials, documents or information through any means not purposely made available through the Platform;
- Use any manual process to monitor or copy any of the material on the Platform, 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 Platform;
- 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 Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
- Attack the Platform via a denial-of-service attack or distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of the Platform.
8. Reliance on Information Posted.
The information presented on or through the Platform 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 Platform, or by anyone who may be informed of any of its contents.
9. Information About You and Your Visit to the Platform
10. Not Healthcare Advice.
In the event of an emotional, behavioral, medical crisis or life threatening emergency, please call an emergency hotline in your area (e.g. 911) or go to the nearest emergency room.
The Platform is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Platform, including information that may be provided on the Platform directly or by linking to Third-Party Services (defined below) are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Platform and linked Third-Party Services, including information relating to medical and health conditions, treatments and Products may be provided in summary form. Information on the Platform including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Platform does not recommend self-management of health issues. Information on the Platform is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health-related questions. Never disregard or delay medical advice based upon information you may have read on the Platform.
You should not use the information or services on the Platform to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read information provided by the Product manufacturer and any Product label or packaging, prior to using any Product, medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments or UGC made in any forums on the Platform by employees, independent contractors or Platform users are strictly their own personal views made in their own personal capacity and are not claims made by us nor do they represent our positions or views. Product ratings or reviews by any current or previous employees, current or previous independent contractors, or Platform users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional. We are not liable for any information provided on the Platform with regard to recommendations regarding supplements for any health purposes.
Always check the product label or packaging prior to using any Product. If there are discrepancies, users should follow the information provided on the Product label or packaging. You should contact the manufacturer directly for clarification as to Product labeling and packaging details and recommended use.
11. Third Party Products, Content, Services, and Linked Websites
B. Linking to the Platform and Social Media Features. You may link to the homepage of our Platform, 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. The Platform may provide certain social media features that enable you to: (a) link from your own or certain Third Party Services to certain content on this Platform; (b) send emails or other communications with certain content, or links to certain content on this Platform; or (c) cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain Third Party Services. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.
Subject to the foregoing, you must not: (a) establish a link from any website or services that is not owned by you; (b) cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (c) link to any part of the Platform other than the homepage; or (d) otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms. You agree to cooperate with us in immediately stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable, in our discretion, all or any social media features and any links on this Platform, at any time without notice.
C. Links from the Platform. If the Platform contains links to Third-Party Services, or 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 from 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 Services or any third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use, and any privacy policies for such websites.
12. Refunds & Returns Guidelines.
Refunds and returns of Products are governed by Seller’s policies and related terms and conditions. Any refund or return request submitted on the Platform will be routed to that independent Seller to consider, at their discretion based on their refund and return policy, whether to accept or reject the request. In processing returns or refunds, Sellers are subject to the Service Level Standards (as defined in the Seller Terms). We expect Sellers to, in most cases, offer a thirty (30) day refund or return policy beginning from the date the Products are delivered to you. However, there may be some Sellers that do not offer any refunds or returns on Products purchased on the Platform, particularly when such Products are consumables, ambient goods, or items containing a low shelf-life. In such cases, we encourage Sellers to take extra precautions to notify Buyers of Products that cannot be returned or refunded.
13. Electronic Communications
The Platform allows us to deliver and for you to receive electronic communications, including email communications in connection with your use of the Platform. Such electronic communications may include emails confirming account registration, password resets, transaction and order confirmations, and user support from our Support Team at firstname.lastname@example.org.
These Terms are effective on the date when you accept them (as described above) and remain in full force and effect while you use and have an account on the Platform, unless terminated earlier in accordance with these Terms. If you violate these Terms, your permission to use the Platform will automatically terminate. Additionally, we, in our sole discretion, may terminate your account on the Platform or suspend or terminate your access to the Platform at any time, with or without notice. If we terminate your access to the Platform, we may, in our sole discretion, either fulfill any orders for which you have already paid or refund you the relevant amounts paid. We also reserve the right to modify the Platform at any time without notice to you. We will have no liability whatsoever on account of any change to the Platform and other than as specified in this paragraph, we will have no liability as a result of any suspension or termination of your access to or use of the Platform. You may terminate your account at any time by contacting our Support team at email@example.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Platform incurred prior to termination.
15. Disclaimer of Warranties
A. Your Use of the Platform. YOUR USE OF THE PLATFORM, ITS CONTENT, MATERIALS, ANY UGC INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, AND ANY OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM (COLLECTIVELY, "PLATFORM CONTENTS") IS AT YOUR OWN RISK. THE PLATFORM CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOVE.COM NOR ANY PERSON ASSOCIATED WITH LOVE.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SAFETY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER LOVE.COM NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM OR PLATFORM CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE INFORMATION TECHNOLOGY SYSTEMS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM, PLATFORM CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
You further understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform 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 Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE 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 ACCESS OR USE OF THE PLATFORM OR ANY PLATFORM CONTENTS RECEIVED THROUGH OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR ON ANY THIRD-PARTY SERVICE OR WEBSITE LINKED TO IT.
B. Products You Purchase. You acknowledge and agree that Love.com does not manufacture, store, or inspect any of the Products sold through our Platform. Love.com is the operator of the marketplace; all items listed on the Platform are produced, described, listed, and/or sold directly by Sellers, who are independent contractors. As such, Love.com cannot and does not provide any representations or warranties about the quality, safety, efficacy, purity, identity, performance, authenticity, or legality of the Products listed and sold on the Platform. Any legal claim related to a Product that you purchase on the Platform must be brought directly against the Seller of that Product. You agree to release Love.com from any claims related to items sold through our Platform, including for defective items, misrepresentations by Sellers, or items that caused any physical or other injury (like product liability claims).
CERTAIN SELLERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. SUCH PRODUCTS REPRESENTATIONS AND/OR WARRANTIES ARE ENFORCEABLE BETWEEN YOU AND THE SELLER ONLY.
LOVE.COM DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, SOURCING, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR PLATFORM IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SELLERS, AND THE MANUFACTURERS OR SELLERS MAY INDEPENDENTLY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR PLATFORM AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER OR SELLER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
CERTAIN PRODUCTS ON THE PLATFORM HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION AND THE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION(S) OR DISEASE.
C. Our Community. You can use the Platform to interact with other individuals, either online or in person. However, you acknowledge and agree that Love's screening of users on our Platform is limited to certain compliance and other legal obligations related to the use of the Platform, and thereby you release us and hold us harmless from all injury or liability in connection with your interactions with other users on the Platform. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
D. Generally. TO THE FULLEST EXTENT PROVIDED BY LAW, LOVE.COM 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.
You agree to defend, indemnify, and hold harmless LOVE.COM, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Love.com Indemnitees") from and against any and all claims, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees), or other liability (including, without limitation, those resulting from any action requested by a governmental body or standards organization, or any action reasonably taken to address a potential health or safety risk to consumers) arising out of or relating to: (a) your use or misuse of the Platform or the Platform Contents; (b) your violation of these Terms and all other policies, terms, and conditions set forth or incorporated herein, including, any use of the Platform or the Platform Contents and any services (including, without limitation, Third-Party Services) or products in a manner not expressly authorized in these Terms; (c) your use or misuse of the Products sold on the Platform; (d) your violation of any applicable Laws; (e) your violation of any third party right, including, but not limited to, any intellectual property right, publicity, confidentiality, property or privacy right; or (f) any disputes or issues between you and other users and/or third parties. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree that the provisions in this section will survive any termination of your account, the Terms or your access to the Platform.
17. Limitation of Liability
IN NO EVENT WILL THE LOVE.COM INDEMNITEES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR PLATFORM CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), RULE, REGULATION, STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE LOVE.COM INDEMNITEES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE LOVE.COM INDEMNITEES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE PLATFORM, THE PLATFORM CONTENT, OR ANY OTHER INTERACTIONS WITH LOVE.COM IS LIMITED TO THE GREATER OF (i) THE TOTAL AMOUNT OF ALL TRANSACTION FEES PAID BY YOU TO LOVE.COM HEREUNDER IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM (ii) OR $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE PRODUCTS DELIVERED THROUGH THE SERVICE, YOUR SOLE RECOURSE IS SELLERS’ REFUNDS AND RETURN POLICY (SUBJECT TO THE REFUNDS AND RETURN GUIDELINES IN THESE TERMS), AND ANY WARRANTY OFFERED BY THE RELEVANT MANUFACTURER OR SELLER.
18. Governing Law & Dispute Resolution
A. Governing Law. All matters relating to the Platform and these Terms, together with any other agreements expressly incorporated by reference herein, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
B. Dispute Resolution. We value our customers and seek to resolve disputes informally where possible. Before filing an action against us, you agreed to submit a detailed claim notice to us ("Claim Notice") to Love.com by e-mail at:firstname.lastname@example.org. Your Claim Notice must contain enough information to apprise us of the full details of your claim, including: (a) your full name, address, telephone number, and e-mail address; (b) detailed information sufficient for Love.com to identify the order, Product, or claim at issue; and (c) a detailed description of the nature and basis of your claim and the relief you seek. The Claim Notice must be personally signed by you. Similarly, if we have a dispute with you, we will send you a Claim Notice setting out detailed information regarding: (a) the identify the order, Product, or claim at issue and (b) the nature and basis of our claim and the relief we seek. If, following good faith negotiations, you and Love.com are unable to resolve the subject of a Claim Notice for a period of at least 60 days from the date of the Claim Notice, then the dispute shall be submitted to arbitration pursuant to Section 16(C).
C. Binding Arbitration. You and Love.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by JAMS in accordance with the JAMS commercial arbitration rules. The arbitral tribunal shall consist of one arbitrator. The place of arbitration shall be San Francisco, California. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LOVE.COM AGREE THAT ANY AND ALL CLAIMS SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR REPRESENTATIVE ACTION. NEITHER YOU NOR LOVE.COM WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OR CLAIMANTS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
YOU AND LOVE.COM AGREE 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 WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
A. Entire Agreement. These Terms, together with any other agreements, terms, conditions and policies expressly incorporated by reference herein, constitute the sole, entire, and exclusive agreement between you and Love.com regarding your use and access to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.
B. Waiver & Severability. No waiver by Love.com 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 Love.com 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 to be invalid, illegal, or unenforceable for any reason, such provision shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
C. Survival. Upon termination of these Terms, any provision by its nature or express terms should survive, will survive such termination or expiration.
D. Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. However, we may assign these Terms at any time without notice.
E. Force Majeure. We will not be held liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, but not limited to: (a) acts of God; (b) flood, fire, earthquake, epidemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond our reasonable control.
F. Changes to the Terms. We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Platform thereafter. In the event that any change to these Terms materially modifies your rights or obligations herein and you have registered an account with us, we will notify you via email of such changes to these Terms. Your continued use of the Platform following the posting of a revised Terms means that you accept and agree to the changes. We may require you to provide consent to the updated Terms in a specified manner before further use of the Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Platform. OTHERWISE, YOUR CONTINUED USE OF THE PLATFORM CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
G. Web Updates & Upgrades. We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
H. Contact Information. The Platform is operated by Love.com Shops, LLC, 1 Ferry Building Suite 201, San Francisco, CA 94111. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: email@example.com.