Lovve Store LLC and its affiliates (collectively referred to herein as "we," "us," or "Lovve Store LLC") operate this website (the "Website").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website or clicking “Accept” when prompted, you confirm your unconditional acceptance of and agreement to the following terms. If you do not accept these Terms of Service, do not use this Website.
Lovve Store LLC reserves the right to modify these Terms of Service at any time. Your continued use of the Website following any changes means you accept and agree to abide by such changes. Lovve Store LLC expressly reserves the right to deny or restrict access to the Website for failure to follow the terms set forth herein.
Lovve Store LLC reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Website is void where prohibited. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with local laws.
Products, Content, and Specifications
All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain descriptions are approximate and provided for convenience only. While we strive to accurately display product attributes, including colors, the actual color you see depends on your computer system, and we cannot guarantee accurate color display.
It is your responsibility to comply with all local, state, federal, and international laws regarding the possession, use, and sale of any items purchased from this Website. By placing an order, you represent that the products will be used lawfully.
Shipping Limitations
Orders will be shipped to the address provided by the purchaser, as long as it complies with shipping restrictions. Purchases are made pursuant to a shipment contract, meaning risk of loss and title pass to you upon delivery to the carrier. Claims for damaged or lost shipments must be filed with the carrier.
Accuracy of Information
We strive to ensure that Website information is accurate and current. However, information may occasionally be inaccurate, incomplete, or outdated. Products may be unavailable, have different attributes than listed, or carry a different price than stated. We reserve the right to make changes without notice.
Receipt of an order confirmation email does not constitute acceptance of the order. We reserve the right to limit quantities or refuse service. Verification of information may be required before accepting an order.
Use of this Website:
The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are either the property of, or used with permission by, Lovve Store LLC and are protected by copyright, trademark, and/or other laws and may not be used except as permitted in these Terms of Service or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, commercial, or other purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other laws and regulations.
Intellectual Property Rights:
This Website is protected by copyrights, trademarks, and/or other proprietary rights, and except as specifically provided in these Terms of Service, your use of the Website and its services shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws, in addition to the Terms of Service. You specifically agree that Lovve Store LLC or its third-party licensors’ own all intellectual property rights in and to the content offered on the Website (regardless of whether those rights are registered). Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or other right to use any trademarks, trade names, service marks, or logos displayed on this Website without our prior written approval or the prior written approval of such third-party owner. All rights are herein expressly reserved.
If you believe that some aspect of this Website violates your intellectual property rights, please see our Privacy Policy for how to notify us.
Third Party Links:
From time to time, this Website may contain links to websites that are not owned, operated, or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials, or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
Inappropriate Material:
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User Information:
Other than personally identifiable information, which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW AND JURISDICTION
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Initial Dispute Resolution:
Lovve Store LLC is available by email at [email protected] to address any concerns you may have regarding the use of the Website or your purchase from Lovve Store LLC. Most concerns may be quickly resolved in this manner. Each of you and Lovve Store LLC agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
AGREEMENT TO BINDING ARBITRATION:
IF THE PARTIES DO NOT REACH AN AGREED-UPON SOLUTION WITHIN A PERIOD OF THIRTY (30) DAYS FROM THE TIME INFORMAL DISPUTE RESOLUTION IS PURSUED AS SET FORTH ABOVE, THEN ANY REMAINING CONTROVERSY OR CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR PURCHASE FROM Lovve Store LLC, OR THESE TERMS OF SERVICE SHALL BE SETTLED BY BINDING ARBITRATION BEFORE JAMS IN A LOCATION DETERMINED BY THE ARBITRATOR AS SET FORTH HEREIN (PROVIDED THAT SUCH LOCATION IS REASONABLY CONVENIENT FOR CLAIMANT), OR AT SUCH OTHER LOCATION AS MAY BE MUTUALLY AGREED UPON BY THE PARTIES, IN ACCORDANCE WITH THE PROCEDURAL RULES FOR COMMERCIAL DISPUTES SET FORTH IN THE COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OF JAMS (“JAMS RULES AND PROCEDURES”) THEN PREVAILING, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR, AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS OF USE ARE UNLAWFUL, VOID, OR VOIDABLE. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN A COURT UNDER LAW OR IN EQUITY.
THE PARTIES UNDERSTAND THAT, IN LIGHT OF THIS MANDATORY ARBITRATION PROVISION, THEY ARE WAIVING THEIR RIGHTS TO SUE IN COURT AND HAVE THEIR DISPUTES RESOLVED BY A JUDGE OR JURY TRIAL.
THE ARBITRATOR SHALL BE SELECTED PURSUANT TO THE JAMS RULES AND PROCEDURES. THE ARBITRATOR SHALL APPLY FLORIDA LAW CONSISTENT WITH THE FEDERAL ARBITRATION ACT AND APPLICABLE STATUTES OF LIMITATIONS, AND SHALL HONOR CLAIMS OF PRIVILEGE RECOGNIZED AT LAW. IN THE EVENT THAT THE CLAIMANT IS ABLE TO DEMONSTRATE THAT THE COSTS OF ARBITRATION WILL BE PROHIBITIVE AS COMPARED TO THE COSTS OF LITIGATION, Lovve Store LLC WILL PAY AS MUCH OF THE CLAIMANT’S FILING AND HEARING FEES IN CONNECTION WITH THE ARBITRATION AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE. IF ANY PART OF THIS ARBITRATION PROVISION IS DEEMED TO BE INVALID, UNENFORCEABLE, OR ILLEGAL (OTHER THAN THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS), OR OTHERWISE CONFLICTS WITH THE JAMS RULES AND PROCEDURES, THEN THE BALANCE OF THIS ARBITRATION PROVISION SHALL REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID, UNENFORCEABLE, ILLEGAL, OR CONFLICTING PROVISION WERE NOT CONTAINED HEREIN. IF, HOWEVER, THE PORTION THAT IS DEEMED INVALID, UNENFORCEABLE, OR ILLEGAL IS THAT CLAIMS WILL NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND NEITHER CLAIMANT NOR Lovve Store LLC SHALL BE ENTITLED TO ARBITRATE THEIR DISPUTE.
YOU AND Lovve Store LLC EACH FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU AND Lovve Store LLC EACH EXPRESSLY WAIVE YOUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION (B) SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES AND SUCH CLASS ACTION SHALL PROCEED CONSISTENT WITH SECTION (f) BELOW.
Exception – Litigation of Small Claims Court Claims:
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out:
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in Sections (b) and (c) by sending written notice of your decision to opt-out to the following email: [email protected]. The notice must be sent within thirty (30) days of your use of the Website or your purchase from Lovve Store LLC, otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, Lovve Store LLC also will not be bound by them.
Exclusive Venue for Litigation:
To the extent that the arbitration provisions set forth in Section (b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York (except for small claims actions, which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New York for any litigation other than small claims court actions.
Applicable Law:
You agree that federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and Lovve Store LLC. A printed version of these Terms of Service shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
