Welcome to the Love On Revolution™, the global social experiment that tracks the Ripple Effect you create when you pay it forward. The following is all the legal jazz our lawyers told us to tell you, so that we can keep the Love On Revolution going and spread the love around the globe. Thanks and LOVE ON!
THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT” OR “TERMS”) GOVERN YOUR RELATIONSHIP WITH LOVE ON REVOLUTION, LLC (“LOVE ON”, “WE”, “OUR”, OR “US”), AND YOUR USE OF THE LOVE ON™ WRISTBANDS, AND WWW.LOVEONREVOLUTION.COM (THE “SITE”) VIA THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOWN OR IN THE FUTURE DEVELOPED.
BY ACCESSING THE SITE YOU ("YOU" OR “YOUR”) AGREE TO BE BOUND BY THIS AGREEMENT WHICH GOVERNS YOUR USE OF THE SITE AND PARTICIPATION IN THE LOVE ON REVOLUTION SOCIAL EXPERIMENT (THE “REVOLUTION”). IN CONSIDERATION FOR ACCESS TO AND USE OF EITHER THE SITE OR PARTICIPATION IN THE REVOLUTION YOU REPRESENT AND WARRANT THAT YOU HAVE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR PARTICPATING IN THE REVOLUTION, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND LOVE ON, AND GOVERNS YOUR ACCESS TO AND USE OF THE SITE AND PARTICIPATION IN THE REVOLUTION. YOU MUST ACCEPT THIS AGREEMENT TO ACCESS OR USE THE SITE OR PARTICPATE IN THE REVOLUTION. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS HEREIN, DO NOT ACCESS OR OTHERWISE USE THE SITE OR PARTICIPATE IN THE REVOLUTION.
I. Eligibility. Neither the Site nor the Revolution are designed for use by children. By accessing or using the Site or participating in the Revolution, you represent and warrant that you are legally entitled to enter into this Agreement. By accessing or using the Site or participating in the Revolution, you expressly represent and warrant that: (a) you have reached the age of majority in your legal jurisdiction or have the permission of your legal guardian to do so; (b) you have the authority and capacity to enter into this Agreement; (c) you have read and understand this Agreement; (d) you agree to abide by this Agreement; (e) you have not been previously suspended or removed from the Site; (f) you are not required to register as a sex offender by any government agency; and (g) the information that you provide to us about you in connection with our services will be current, true, accurate, supportable, and complete, and that you will keep such information current and correct.
a. “Affiliate” means any person with which Love On has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities;
b. “Affiliate Content” means Content Shared by an Affiliate via the Site;
c. “Content” means any intellectual property, data, or communications Shared via the Site by Love On, an Affiliate, a User, or a Member, including, but not limited to, articles, audio, blog postings, comments, documents, editorial content, featured site profiles, files, images, listings, logos, messages, music, photos, postings, questions and answers, ratings, recommendations, reviews, sounds, site profiles, tags, text, trademarks, or videos;
d. “Derivative Work” means any work that is based upon any Love On IP, including, but not limited to, an enhancement, modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting work may be recast, transformed, or adapted;
e. “Location Mapping Tools” mean certain Affiliate owned services that collect and utilize Member location data to track the Ripple Effect.
f. “Love On Content” means Content Shared by Love On via the Site;
g. “Love On IP" means the past, present, and future intellectual property of Love On and comprising the Site, including, but not limited to, all software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Site and all other tangible or intangible materials related to, displayed, performed, or distributed on the Site and the Site itself, including, but not limited to, the selection, sequence, "look and feel", and arrangement of items on the Site, and all Love On trademarks, domain names, patents, and other intellectual property;
h. “Love On Story” means Member Content consisting of a Member provided story of how such Members has paid it forward in a particular instance;
i. “Love On Wristband” means a wristband that Members can purchase via the Shop that contain a unique alpha numeric code that can be given to others in order to track your Ripple Effect;
j. “Member” means a User who has signed up with the Site and created a Member Account;
k. “Member Account” means an account a Member creates by voluntarily signing up with Site;
l. “Member Content” means Content Shared by a Member via the Site, including, but not limited to, Love On Stories;
m. “Member Data” means personally identifiable information provided by or collected from a Member when a User signs up with the Site in order to become a Member or voluntarily provided by a Member as part of their Member Account;
n. “Member Profile” means the collection of Member Data and Member Content that a Member voluntarily Shares in order to create and customize a Member Account via the Site;
o. “Ripple Effect” means the interconnection of Love On Stories;
p. “Ripple Effect Number” means the number of individuals who you have given Love On Wristbands who have in turn become Members of the Revolution by paying it forward and have Shared their Love On Stories;
r. “Shop” means the portion of the Site where a Member can purchase products, including, but not limited to, Love On Wristbands;
s. “User” means an individual who accesses or uses the Site;
t. “User Content” means any Content Shared by Users;
u. "Your Content” means any Content you Share via the Site.
, which is hereby incorporated into this Agreement by reference. Please read this notice carefully for information related to Love On’s collection, use, and disclosure of your personal information.
IV. Users. Love On welcomes Users to access and use the Site for the purposes of learning about Love On, the Revolution, and Love On’s services, contacting Love On, viewing and Sharing Content via the Site. There are certain portions of the Site and certain actions that a User may not access or use without becoming a Member. A User may become a Member by signing up and providing certain Member Data in order to create a Member Account.
V. Love On IP. All Love On IP is protected by copyright, as a trademark, and/or by other intellectual property rights, and, unless otherwise noted, all intellectual property on the Site is owned, controlled, or licensed by Love On and is protected by copyright, as a trademark, and/or by other intellectual property rights. You agree that you shall acquire no rights in any Love On IP unless otherwise noted in writing by Love On. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit any Love On IP for commercial use in any way beyond what is permitted by this Agreement without the prior written consent of Love On.
a. User’s License to Access and Use. As a User, by Sharing any of Your Content via the Site, Love On hereby grants to you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and use the Site: (i) for the purposes of informing you about Love On and the Revolution; (ii) to access and view Love On Content, Affiliate Content, User Content, and Member Content, including, but not limited, to Love on Stories and their Ripple Effect; and (iii) to sign up and create a Member Account. As a User, you acknowledge and agree that with exception to this limited license you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit the Site or any Love On IP in any manner unless otherwise noted in writing by Love On. This limited license terminates automatically, without notice to you, if you breach any of the terms and conditions of this Agreement.
b. User’s License to Share. As a User, Love On hereby grants to you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and use the Site to: (i) contact Love On; (ii) Share User Content, Affiliate Content, Member Content, and Love On Content via the Site; and (iii) to Share personally identifiable information via the Site with Love On in order to sign up and create a Member Account. This limited license terminates automatically, without notice to you, if you breach any of the terms and conditions of this Agreement.
c. Member’s License to Access and Use. By signing up and becoming a Member, Love On thereby grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and use your Member Account and the Site: (i) for the purposes of informing you about Love On and the Revolution; (ii) to access and view Love On Content, Affiliate Content, User Content, Member Content, including, but not limited, to Love on Stories and their Ripple Effect, your Member Account, your Member Profile, your Member Data; and the Member Profile and Member Data of other Members; (iii) to contact Love On and other Members; (iv) edit and update your Member Profile and the Member Data contained therein; (v) heart Love On Stories; (vi) follow or unfollow other Members; (vii) calculate your Ripple Effect Number; (viii) order items from the Shop; and (ix) view your order history. As a Member, you acknowledge and agree that with exception to this limited license you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit the Site or any Love On IP in any manner unless otherwise noted in writing by Love On. This limited license terminates automatically, without notice to you, if you breach any of the terms and conditions of this Agreement.
d. Member’s License to Share. By signing up and becoming a Member, Love On thereby grants you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and use your Member Account and the Site to: (i) contact Love On; (ii) Share User Content, Affiliate Content, Member Content, Love On Content via the Site; and (iii) to Share Member Data via the Site with Love On in order to update your Member Account and your Member Profile. This limited license terminates automatically, without notice to you, if you breach any of the terms and conditions of this Agreement.
e. Reservation of Rights. Love On reserves all rights not expressly granted in this Agreement unless otherwise noted in writing by Love On.
f. Prevention of Unauthorized Use. Love On reserves the right to exercise whatever lawful means Love On deems necessary to prevent unauthorized use of any Love On IP, including, but not limited to, technological barriers, IP mapping, and directly contacting your internet service provider regarding such unauthorized use.
g. Prohibitions. You may not, nor shall you permit any third party to, directly or indirectly: (i) modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, use, or exploit any Love On IP for any purpose other than the purposes of the Revolution as expressed in this Agreement or in another writing by Love On; (ii) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (iii) “scrape” the Site or use any agent or automated agent to access or use the Site or gain access to or use any information on the Site; (iv) or attempt to decipher, decompile, disassemble, or reverse engineer any Love On IP; (v) rent or lease any Love On IP or any portion thereof to any third party, or otherwise use or allow the use of any Love On IP or any portion thereof to be used for any commercial purpose outside the purposes of this Agreement; (vi) remove any proprietary notices from any Love On IP; (vii) post or otherwise make available any Love On IP, or any portion thereof, in any form, available on any publicly available forum, including, but not limited to the internet; or (viii) use a previous version of any Love On IP after you have received a new version and are asked to discontinue using the previous version.
VI. Your Content. As both a User and a Member, Love On allows you to share Your Content via the Site.
a. Sharing Your Content. Love On allows you to Share Your Content in accordance with the User and Member licenses herein. By choosing to Share Your Content via the Site, you represent and warrant that you are solely responsible for Your Content and the ramifications and results of your choice to Share Your Content.
b. Retention of Ownership. Love On does not claim any ownership rights in any of Your Content Shared via the Site. By simply Sharing Your Content via the Site, you continue to retain ownership of Your Content and continue to have the right to use and license Your Content in any way you choose unless otherwise stated herein. However, any of Your Content Shared via the Site must comply with this Agreement.
c. License Grant to Love On. By Sharing Your Content via the Site, you thereby grant Love On a limited, fully transferable, fully assignable, sub-licensable, irrevocable, perpetual, royalty free, paid-in-full, worldwide license to Share Your Content with other Users and Members and use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content in any way and in any commercial or non-commercial medium. By Sharing your Member Data as a Member, you thereby grant Love On a limited, fully transferable, fully assignable, sub-licensable, irrevocable, perpetual, royalty free, paid-in-full, worldwide license to Share your Member Data with other Users and Members and our Affiliates and use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Member Data in any way and in any commercial or non-commercial medium.
d. License Grant to Other Users and Members. By Sharing Your Content or Member Data via the Site, you thereby grant to each User and Member a limited, personal, non-exclusive, non-transferable, worldwide license to view, Share, download, including, without limitation download to a portable device, print, and have printed Your Content for personal use in the manner contemplated by this Agreement in accordance with licenses in this Agreement.
e. Your Content Representations and Warranties. You are solely responsible for Your Content, including, but not limited to your User Content, Member Content, Member Data, Member Profile, and all the consequences of Sharing Your Content. By Sharing Your Content, you affirm, represent, and warrant that: (i) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and for Love On to use Your Content as necessary to exercise the licenses granted by you in this Section VI of this Agreement and in the manner contemplated by Love On and this Agreement; (ii) Your Content does not and will not slander, defame, or libel any other person; (iii) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (v) Your Content is free of any digital rights management, including any software designed to limit the number of times Your Content may be copied or played. Violators of this Agreement may be subject to criminal and civil liability. Love On reserves all rights and remedies against any Users or Members who violate this Agreement.
f. Love On’s Content Policy. You acknowledge and understand that Love On has the right to use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content. As such, you represent and warrant that Love On has the right to moderate or delete content in Love On’s sole discretion.
VII. Digital Millennium Copyright Act Policy. Love On takes intellectual property rights very seriously and demands the same from all Users. Love On will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act [17 U.S.C. § 512] (the "DMCA"). The DMCA provides a process for a copyright owner to give notification to Love On concerning alleged copyright infringement ("Notice of Infringement"). When a valid Notice of Infringement is received, Love On shall respond under this process by taking down the offending Content. In accordance with the DMCA, upon taking down the Content, Love On shall take reasonable steps to contact the owner of the removed Content so that a counter-notification ("Counter Notice") may be filed. On receiving a valid Counter Notice, Love On will generally restore the Content in question, unless Love On receives notice from the original provider of the Notice of Infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
THESE NOTICES OF INFRINGEMENT AND COUNTER NOTICES ARE REAL-WORLD LEGAL NOTICES PROVIDED OUTSIDE THIS AGREEMENT. LOVE ON MAY PROVIDE COPIES OF SUCH NOTICES TO THE PARTICIPANTS IN THE DISPUTE OR THIRD PARTIES, AT LOVE ON’S DISCRETION AND AS REQUIRED BY LAW; THIS AGREEMENT DOES NOT PROTECT INFORMATION PROVIDED IN THESE NOTICES.
a. Notice of Infringement. If you are a copyright owner and have a good faith belief that any Content posted on or Shared via the Site infringes any copyright you may hold, you may send Love On’s "Designated Copyright Agent", as identified hereinafter, written Notice of Infringement pursuant to the DMCA. This Notice of Infringement must contain the information specified below in the following format:
(i) identify in sufficient detail the copyrighted work claimed to have been infringed; if multiple copyrighted works are covered by a single notice of infringement letter, provide a representative list of such works;
(ii) identify in sufficient detail the material that is claimed to be infringing and information reasonably sufficient to permit Love On to locate the material (e.g., provide the Uniform Resource Locator, “URL,” of the material claimed to be infringing);
(iii) provide information reasonably sufficient to permit Love On to contact you (e.g., a street address, telephone number, and email address if available);
(iv) provide a statement that you have a good faith belief that the use of the copyrighted material in the manner described in the notice letter is not authorized by the copyright owner, its agent, or the law;
(v) provide a statement, made under penalty of perjury, that the information provided in the notice letter is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(vi) provide the physical or electronic signature of the copyright owner or someone authorized to act on the owner's behalf.
The Notice of Infringement must be submitted to Love On’s Designated Copyright Agent by mail or email as set forth below:
Love On Revolution, LLC
Attn: Legal Department
P.O. Box 684902
Austin, TX 78768
Subject Line: Legal Notice
Be advised that failure to comply with all of the above requirements may invalidate your Notice of Infringement under the DMCA. Love On’s response to a proper Notice of Infringement will be to remove or disable access to the Content claimed to be infringing and notify the alleged infringer of your claim so he or she can submit a Counter Notice to Love On.
b. Counter Notice. If Your Content was removed or access was blocked and you have a good faith belief that it is not infringing on any copyrighted material, you may send Love On a written Counter Notice pursuant to the DMCA. The Counter Notice must contain the information specified below in the following format:
(i) identify in sufficient detail the Content that Love On has removed or to which Love On has disabled access and the location of the material (e.g., the URL) before it was removed/disabled;
(ii) provide your name, address, telephone number, and email address;
(iii) a statement that you consent to the jurisdiction of the federal district court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringing activity;
(iv) provide a statement, made under penalty of perjury, that you have a good faith belief that the material was removed/disabled as a mistake or misidentification of the material;
(v) provide your physical or electronic signature.
The Counter Notice must be submitted to Love On’s Designated Copyright Agent by mail or email as set forth below:
Love On Revolution, LLC
Attn: Legal Department
P.O. Box 684902
Austin, TX 78768
Subject Line: Legal Notice
Be advised that failure to comply with all of the above requirements may invalidate your Counter Notice under the DMCA. If the Designated Copyright Agent receives your valid Counter Notice, Love On may restore your removed Content or cease disabling it within ten to fourteen (10-14) business days, unless Love On receives notice from the alleged copyright owner (who filed the initial Notice of Infringement) that said party has filed a court action seeking to stop your alleged infringement.
VIII. Trademark Notice. You agree that in the event that Love On receives a written demand alleging that any of Your Content infringes upon, dilutes, tarnishes, or otherwise violates its trademark rights, Love On may in its sole discretion, remove or disable access to such Content until Love On receives either: (a) written confirmation from the party sending such demand that the demand is withdrawn or has been resolved or (b) you submit sufficient evidence to satisfactorily rebut the allegations contained in such demand, the adequacy of such evidence to be determined by Love On in Love On’s sole discretion and which Love On may reject for any reason without penalty or liability to you. In order for Love On to accept such rebuttal, you expressly acknowledge and agree that such rebuttal shall include: 1) the information set forth in Section VII hereinabove, except that such information shall relate to the disputed trademark at issue rather than disputed copyrighted material and 2) an express, irrevocable, and binding obligation pursuant to which you shall indemnify, defend, and hold harmless Love On from damages, costs, or expenses that Love On may incur, in any manner whatsoever, arising out of or in connection with the disputed Content and Love On’s restoration thereof. The procedures of the DMCA apply only to copyrighted works and expressly exclude any other forms of intellectual property rights, including any rights in trademarks; the process hereinabove is intended only to provide a convenient mechanism for addressing trademark disputes and does not, and shall not, be construed, as imposing any obligation on Love On under the DMCA with regards to response times or the like. Love On is under no obligation to restore access to any removed Content even if you provide the aforementioned rebuttal.
IX. Unsolicited Suggestions. Love On welcomes your feedback, suggestions, and recommendations. By submitting any feedback, suggestions, or recommendations, you agree that Love On may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such feedback, suggestions, or recommendations in any manner, as Love On sees fit, without restriction or limitation of any kind, and you thereby grant to Love On a paid-in-full, royalty-free, freely transferable, irrevocable, perpetual, worldwide license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that Love On’s use or alleged use of such feedback, suggestion, or recommendation infringes any of your rights.
X. Member Account. In order to fully access the Site and participate in the Revolution, you must sign up and create a Member Account. In order to sign up and create a Member Account, you must provide certain personally identifiable Member Data as part of your Member Profile, including, but not limited, to your first and last name and email address, and choose a password for logging into your Member Account. By creating your Member Account, you represent and warrant that you are aware and consent to your Member Data and Member Profile being Shared with other Users and Members, our Affiliates, and Love On. In creating a Member Account, you represent and warrant that the information you provide is current, true, complete, and accurate. You may not impersonate someone else (e.g. adopt the identity of someone else), create an account for anyone other than yourself (unless you are the legal guardian or have the power of attorney of someone else), provide an email address other than your own (or one you have a legal right to), or create multiple Member Accounts. Love On reserves the right to deny you access to the Site or your Member Account at any time without notice for any reason. You are solely responsible for any and all use of your Member Account. You are solely responsible for the confidentiality and security of your Member Account and password. You agree to immediately notify Love On of any actual or suspected breach of security or unauthorized use of your Member Account.
XI. Disputes. While Love On reserves the right, but has no obligation, to monitor or moderate disputes between you and other Users and Members, you are solely responsible for your interactions with other Users and Members.
XII. Offsite Interaction with Others. You are solely responsible for Your Content and all the consequences of Sharing Your Content with other Users and Members. YOU REPRESENT AND WARRANT THAT YOU ARE SOLELY RESPONSIBLE FOR ANY INTERACTION WITH ANY OTHER USERS OR MEMBERS THAT TAKES PLACE OFF THE SITE WHETHER ONLINE OR OFFLINE. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR HOW YOU PAY IT FORWARD AND THE RAMIFICATIONS THEREOF. YOU REPRESENT AND WARRANT THAT LOVE ON IS NOT RESPONSIBLE FOR YOUR ACTIONS OR THE ACTIONS OF OTHERS OFFLINE IN THE REAL WORLD. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY WHEN YOU PAY IT FORWARD AND IN GENERAL WHEN INTERACTING WITH OTHERS IN THE REAL WORLD. The real world can be a scary place and Love On hopes to bring more love to the World by helping you pay if forward and track your Ripple Effect. However, the reality is that there are bad people in the world who do bad things. Our goal is to help change this, but we cannot bear responsibility for third party actions and cannot guarantee your safety in the real world. We cannot control third parties and cannot help how others may treat you or interact with you. Please bear this in mind when you try to pay it forward. Please be aware of your surroundings and do your best to ensure your safety and the safety of others.
XIII. Location Management Tool. As part of the methodology for tracking the Ripple Effect via the Site, Love On has implemented certain affiliate provided Location Management Tools. Such Location Mapping Tools may work in conjunction or rely upon third party mapping products, data, and intellectual property that is not owned or controlled by Love On. Love On disclaims all liability that might arise from the use of such Location Management Tools. Love On does not verify the validity or accuracy of such products, data, and intellectual property and your right to use, copy, or do anything with such products, data, or intellectual property is solely at the discretion of the third party provider of such products, data, and content. Love On disclaims all liability that might arise from your use of the Location Mapping Tools under any circumstances where doing so might put you, your possessions, or third parties at risk or in any kind of danger. When you use the Location Mapping Tools, Love On can collect information and sensor data provided by the device you use to access the Site. This information includes, but is not limited to, GPS data, ISP location data, and Wi-Fi access point information. You do not have to utilize the Location Management Tools provided by the Site, but rather can choose to manually enter the location of your Love On Story. By either utilizing the Location Management Tools or manually entering the location of your Love On Story, you expressly grant Love On the right to Share such information with other Members, Users, or third parties and expressly represent and warrant not to hold Love On responsible for any ramifications of Sharing such data with other Members, Users, or third parties. You agree and understand that Love On cannot control the actions of third parties and shall not be held liable for any third party actions resulting from the Sharing of such information. BY ACCESSING OR USING THE SITE, YOU EXPRESSLY AGREE THAT YOU WILL NOT USE ANY LOCATION DATA SHARED BY MEMBERS TO TRACK, STALK, FOLLOW, OR OTHERWISE HARASS ANY MEMBER OF THE REVOLUTION.
XIV. Shop. As a Member, you may purchase products via the Shop, including but not limited to Love On Wristbands.
a. Prices. All prices for all products and services sold via the Site are listed in U.S. Dollars. All such prices are subject to change without notice. Prices prevailing at commencement of shipping apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your invoice. While we try to ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.
b. Sales Tax. Love On collects sales tax from Texas based Members as required under Texas law. Members from a geographical area other than Texas are responsible for the sales tax compliance with their particular jurisdiction. By having any products delivered to any jurisdiction other than Texas, you thereby agree that you bear all responsibility for sales tax owed that particular jurisdiction and agree to indemnify Love On for any failure on your part to remit such sales tax in accordance with the law of that jurisdiction.
c. Shipping. All products purchased via the Site are shipped via a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Products will not ship until final payment has cleared.
d. Product Descriptions. Love On and its affiliates attempt to be as accurate as possible. However, Love On makes no warranties that the product descriptions and any other Love On IP are accurate, complete, reliable, current, or error-free. If a product offered via the Shop itself is not as described, your sole remedy is to return it in unused condition. Specifications and descriptions are estimates but are not guaranteed and are subject to change without notice. We reserve the right to furnish materially equivalent substitutes for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order.
e. Return Policy. Love On does not accept returns of any products purchased via the Shop. However, for products purchased via the Shop other than Love On Wristbands, Love On will exchanges for comparable products, provided such exchange is made within seven (7) days of shipment to you and provided such products are returned in their original condition. You are responsible for shipping and handling costs associated with such exchanges.
f. Product IP. By purchasing a product via the Shop, you hereby agree and represent that you have the right to personal use of said product. Love On expressly does not grant you any copyright in said product or the right to make any derivative thereof.
XV. Security. Love On maintains the Site in accordance with commercially reasonable industry standards to preserve the integrity and security of all information on the Site. We have implemented technical and organizational measures designed to secure such information from accidental loss and from unauthorized access, use, alteration, or disclosure. We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to such information. Perfect information security does not exist and your use of the Site is at your own risk.
XVI. Links to Other Websites or Services. The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for your convenience and information only. Love On does not control the availability and content of Linked Sites. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk. Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to that particular Linked Site.
XVII. Changes to the Site. Love On may discontinue, change, or remove any Content, service, function, or feature of the Site with or without notice.
XVIII. Change of this Agreement. Love On may modify, alter, or otherwise update this Agreement at any time. Such modifications shall be effective immediately upon posting. You are responsible for regularly reviewing this Agreement. Your continued access to or use of the Site constitutes your agreement to all such modifications.
XIX. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOVE ON DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARDS TO THE SITE AND ANY PRODUCTS SOLD VIA THE SHOP, INCLUDING, BUT NOT LIMITED TO, LOVE ON WRISTBANDS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
LOVE ON DOES NOT WARRANT THAT ANY DATA, CONTENT, FUNCTIONS, OR OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
LOVE ON WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT.
XX. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LOVE ON BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY LINKED SITES, YOUR PARTICIPATION IN THE REVOLUTION, YOUR USE OR MISUSE OF ANY PRODUCTS SOLD VIA THE SHOP, OR ANY OTHER INTERACTIONS WITH LOVE ON OR ANY OTHER USERS, MEMBERS, OR AFFILIATES, EVEN IF LOVE ON OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
IF YOU ARE A CALIFORNIA RESIDENT YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
XXI. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD LOVE ON HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, OR DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, WHICH MAY HEREAFTER ARISE, WHICH LOVE ON MAY SUSTAIN DUE TO OR ARISING OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY MADE HEREIN, YOUR BREACH OF THIS AGREEMENT, YOUR NEGLIGENT ACT OR OMISSION, YOUR ACTS IN VIOLATION OF THIS AGREEMENT OR IN VIOLATION OF ANY APPLICABLE LAW OR REGULATION, YOUR CONTENT, BY YOUR PARTICIPATION IN THE REVOLUTION, OR ACCESS OR USE OF THE SITE
XXII. Equitable Relief. You acknowledge that the protections in this Agreement are directly related to Love On’s goodwill and vital business interests and that a breach of this Agreement would cause Love On significant and irreparable injury, the degree of which may be difficult to ascertain and for which monetary damages may not provide adequate compensation. Accordingly, in addition to any other remedy, Love On will be entitled to seek immediate injunctive relief against such breach or threatened breach in any court of competent jurisdiction, without proving actual damage or posting a bond or other security.
XXIII. Law and Venue. You agree that that any action at law or in equity arising out of or relating to this Agreement, the Site, the Revolution, any Love On IP, or Love On, and all suits and special proceedings relating to this Agreement, the Site, the Revolution, any Love On IP, or Love On, shall be construed in accordance with and under and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law. You further agree that any action at law or in equity arising out of or relating to this Agreement, the Site, the Revolution, any Love On IP, or Love On and all suits and special proceedings relating to this Agreement, the Site, the Revolution, any Love On IP, or Love On will be filed only in the Austin Division of the Western District of Texas or the state courts in and for Austin, Travis County, Texas and the appellate courts associated therewith, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
XXIV. Dispute Resolution. You agree that you will first try to resolve any controversy, claim, or dispute arising out of or relating to this this Agreement, the Site, the Revolution, any Love On IP, or Love On, with the help of a mutually agreed upon mediator in Austin, Texas. You further agree that you will pay any costs and fees associated with the mediation, provided, however, each party will be responsible for paying their own respective attorney fees associated with the mediation.
XXV. Attorney Fees. In the event that Love On must initiate proceedings in connection with or for the enforcement of this Agreement, Love On shall be entitled to recover its cost of suit, including reasonable attorneys’ fees, both at trial and appellate level.
XXVI. Survivorship of Benefits. This Agreement shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors, and assigns.
XXVII. International Use. Love On makes no representation that the Site or the Revolution is appropriate or available for use in locations outside the United States. If you choose to access or use the Site or participate in the Revolution from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
XXVIII. Waiver of Modification of Agreement. A waiver or modification of this Agreement or of any covenant, condition, or limitation in this Agreement shall not be valid unless in writing, and evidence of any waiver or modification shall not be offered into or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the right or obligations of any party under this Agreement, unless the waiver or modification is in writing. The parties further agree that the provisions of this Section XXVIII may not be waived except as set forth in this Agreement. The failure of Love On to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
XXIX. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any of the terms of this Agreement invalid or otherwise unenforceable in any respect. In the event that any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining terms herein.
XXX. Assignment. Your rights and licenses under this Agreement may not be transferred or assigned by you, but may be assigned by Love On without restriction. Any assignment attempted to be made in violation of the terms of this Agreement shall be null and void ab initio.
XXXI. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.
XXXIII. Relationship. This Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and Love On unless otherwise noted herein or elsewhere in writing by Love On.
XXXV. Notices. All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing and shall be deemed received: (a) if by email, when transmitted to the email address to the following and confirmation of delivery or receipt is received; or (b) if by overnight courier service or registered or certified mail or personal delivery, when received; provided that if the date of receipt hereunder is not a business day in the place of receipt, the notice, request or communication shall be deemed not to have been received until the next succeeding business day in the place of receipt to the following:
Love On Revolution, LLC
Attn: Legal Department
P.O. Box 684902
Austin, TX 78768
Subject Line: Legal Notice