Last updated August 15, 2019
Acceptance of the Terms
The following terms and conditions (“Terms) are entered into by and between you and Lovability LLC (hereafter, “Lovability”, “we”, “us” or “our”). These Terms govern your access to and use of our website, www.LovabilityInc.com, our blog, www.BabeWithThePower.com (individually, the “Site”, and collectively, the "Sites") and your purchase or use of products or services offered by us, whether through the Sites or otherwise (collectively and together with the Sites, the “Services”).
Please read these Terms carefully. By accessing, browsing or otherwise using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you acknowledge that you have read and understand these Terms, represent and warrant that you meet all of our eligibility requirements for using the Services, and accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. These Terms of Service shall apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use the Services.
In addition to these Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). To the extent that there is an express conflict between these Terms and any Additional Terms you and Lovability have agreed to in connection with any Services, the Additional Terms shall govern with respect to the conflict.
Changes to the Terms
We reserve the right to modify or update these Terms at any time. Such changes are effective immediately upon posting and shall apply to access to and the use of the Services thereafter. It is your responsibility to check this page periodically for changes, and your continued use of the Services following the posting of any changes constitutes acceptance of these revised Terms.
You can review the most current version of the Terms at any time on this page. Please refer to the “Last Updated” date at the top of the page to determine if the Terms have changed since your last visit.
Access To Services
Our store (whether accessed via our website, www.lovabilityinc.com, or our blog, www.babewiththepower.com) is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms and accessing the Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and, as the parent or legal guardian, have given us your consent to allow any of your minor dependents to use this site. If you are a minor without the consent of a parent or legal guardian, please do not attempt to access or use our Services.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the store on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are responsible for ensuring compliance with the laws of your jurisdiction, including the specific laws regarding the import, export, or re-export of the Services.
The Services are for your personal use only. You may not sell or resell any Services you purchase or receive from Lovability. All items offered on our Site are for final sale, and we will not accept returns.
Descriptions of our products contained within the Site shall not constitute product labeling. You should use Lovability’s products in accordance with the instructions contained on the packaging and labels found on the products.
All orders are subject to our acceptance. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Taxes: We have the right to charge you for any taxes that we are required to pay or in fact collect.
Shipping & Handling: You will be solely responsible for shipping and handling costs. The risk of loss and title for products purchased on the site pass to you upon our delivery to the carrier.
Returns & Refunds: Because of the nature of our products, we do not accept returns of any kind and all sales are final. If you have a problem, please contact us by emailing email@example.com.
International Use: The Sites can be accessed from countries other than the United States but may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States, and we make no representations that the Sites are appropriate for use in such locations. If you access and use the Sites outside the United States, you are responsible for complying with your local laws and regulations, and you are liable to pay inbound duties and taxes (if any) which your local customs authority deems appropriate.
Restrictions on Use
You may only use the Services as authorized and in compliance with any policies made available to you within the Services.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws). You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which Services are provided, without express written permission by us.
You are further prohibited from using the Sites or their content: (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses as determined in our sole discretion.
Payments; Third-Party Payment Services
After you make your product selections and provide shipping information, you will be asked to enter your payment details, such as credit card information. Upon entering your information and accepting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method.
From time-to-time, third-party payment service providers may receive and implement updated credit card information from your credit card issuer to prevent your payment or subscription, as the case may be, from being interrupted by an outdated or invalid card. This update is provided to third-party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service; contact your credit card issuer directly if you wish to do so.
Our obligation to provide the Services only commences when we take receipt of your purchase of the Services. Prices include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account.
Changing Services, Fees and Charges
We may, in our sole discretion and without prior notice: (1) modify, suspend or discontinue any aspect of the Sites, temporarily or permanently, at any time and without prior notice; (2) change the fees and charges, or add new fees and charges, with respect to any of the Services; and, (3) modify or discontinue a Service (or any part thereof). Any such updates or changes will be deemed part of the Services and subject to the terms and conditions of these Terms. We will not be liable to you or any third-party for any modification, suspension or discontinuation of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
Cancellations by Lovability
We have the right to suspend or terminate your access to all or part of the Sites, immediately and without notice, if you violate these Terms, as determined in our sole discretion.
Notice Regarding Medical Advice
Nothing stated or posted on the Sites should be taken or construed as medical or other professional healthcare advice. All information on the Sites is provided on an informational basis only and is not intended to address the circumstances of any particular individual. You should seek the advice of a physician or other qualified healthcare professional if you have any questions regarding your medical needs.
Third-Party Website Links
Certain content, products, tools and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Intellectual Property Rights
Except as otherwise expressly granted to you in these Terms, we reserve and retain all right, title and interest in the Services, including without limitation, all technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws, and you agree that, except with our prior written consent or as explicitly provided in these Terms, using the Services does not (1) give you any ownership of any intellectual property rights in our Services or (2) grant you the right to display, modify, reproduce, distribute, create derivative works of, download, store, transmit or otherwise use any of our intellectual property. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
In particular, audio or video content from Lovability not explicitly indicated as downloadable may not be downloaded or copied from the Services. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not access or use for any commercial purposes any part of the site or any services or materials available through the site. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted. Appropriate legal action may be taken for any illegal or unauthorized use of the Services.
User Comments, Feedback & Other Submissions
Anything that you submit or post to the Sites or provide us, including ideas, questions, reviews, comments and suggestions (collectively, "Submissions") will become our sole and exclusive property and will be treated non-confidentially. We will have the royalty-free, worldwide, perpetual, irrevocable, sublicensable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from such Submissions by any means and in any form. In addition to the rights applicable to any Submission, when you post reviews, comments or other Submissions to the Sites, you also grant us the right to use the name that you submit with any review, comment or other Submission in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Submissions that you provide to us or post on the Sites and that use of your reviews, comments or other Submissions by us will not infringe upon or violate the rights of any third party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Disclaimer of Warranties; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND UNLESS OTHERWISE EXPRESSLY INDICATED. UNLESS OTHERWISE EXPRESSLY INDICATED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOVABILITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY LOVABILITY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND LOVABILITY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOVABILITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WHATSOEVER SHALL LOVABILITY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. LOVABILITY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, LOVABILITY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, LOVABILITY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO LOVABILITY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Lovability LLC, 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) due to or arising out of your violation of these Terms, your use of the Services or your use of any information obtained through the use of the Services.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in California for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
At our sole discretion, we may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitration shall be seated in Los Angeles, California.
Severability and Waiver
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Lovability LLC to exercise or enforce any right of these Terms does not constitute a waiver of such right.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
We take our commitment to our customers very seriously, but sometimes things may come up that are outside of our control. Under no circumstances will Lovability be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
Please direct all feedback, comments, requests for support, customer service and any other communications relating to the Terms at firstname.lastname@example.org.
Effective Date of Terms of Service: August 15, 2019