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Terms of Service

TERMS OF SERVICE

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE OF OGILVIE BRANDS, INC. DBA “LOVE WELLNESS” AND ITS SUBSIDIARIES, SUCCESSORS IN INTEREST, AND ASSIGNS (collectively, “Love Wellness”, “us”, “our”, or “we”) BEFORE USING: (i) www.lovewellness.com and all content provided therein, including blog posts available at https://lovewellness.com/blogs/love-wellness (the “Site”); (ii) the programs (e.g., subscriptions, referrals), services, and resources available or enabled via our Site and any related mobile applications (the “Services”); and (iii) all content, including designs, graphics, text, photographs, illustrations, icons, multimedia, communications (including text messages), and other material that you can see or read, and all related code (collectively, our “LW Content”). Collectively, the Site, Services, and our LW Content are “LW Properties”.

These Terms of Service (the “Terms”) apply to all users visiting, accessing, or using LW Properties. By clicking “accept” on a button referencing these Terms, making a purchase through the Site, or browsing the LW Properties, you represent that: (i) you have read, understand, and agree to be bound by these Terms; (ii) you are of legal age to form a binding contract with Love Wellness; (iii) you have the authority to enter into these Terms personally or on behalf of the company you represent and to bind that company to these Terms; and (iv) you have read and understand that your use of and access to the LW Properties is subject to our Privacy Notice, which is expressly incorporated herein and is available at https://lovewellness.com/pages/privacy-policy. For clarity, the term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Site. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE LW PROPERTIES.

ATTENTION!—ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. CAREFULLY REVIEW THE SECTION ENTITLED “DISPUTE RESOLUTION – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BEFORE YOU AGREE TO THESE TERMS OR ACCESS THE LW PROPERTIES.

  • OUR PRODUCTS AND CONTENT
    1. The LW Properties allow users to browse, view, choose, and purchase various products (“Products”). We provide the LW Content to complement our Products, and all the LW Content is provided for informational purposes only. We may, in our sole discretion, change, delete, update, modify, or otherwise alter Products and the LW Content at any time without providing you notice, and, in addition, we may change the pricing, and availability of Products in our sole discretion at any time without providing you notice. All photos, videos, and other images of Products on our Site are for illustrative purposes only. The actual Products may vary from that shown on our Site. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of Products on our Site at any time does not guarantee that these Products will be available for purchase. Our current prices can be found on the Site.
    2. We reserve the right to change any information, features and functions of the LW Properties without prior notice. We may cancel orders, terminate Accounts, and/or deny access to any or all parts of the LW Properties if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights, or the rights of any third party. Use of the LW Properties for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our Products on or to any third party e-commerce site, marketplace, or mobile application without our specific written consent is prohibited.
  • INTELLECTUAL PROPERTY AND OWNERSHIP
    1. You agree that Love Wellness owns all right, title, and interest in and to the LW Properties (including, without limitation, the features and functionality of the Site and the Services).
    2. Copyright. The technology underlying the LW Properties and the entire contents of the LW Properties including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada, and other copyright laws, and is the property of Love Wellness and protected by copyright and other intellectual property or proprietary rights. The work includes works that are licensed to Love Wellness. © 2011-2023 Love Wellness, Inc. All rights reserved.
    3. Trademarks. The Love Wellness stylized name and all related graphics, logos, service marks, and trade names used on or in connection with the LW Properties (the “Love Wellness Marks”) are our trademarks and may not be used in connection with any third party products or services without our prior written consent. Other trademarks, service marks, and trade names that may appear on the LW Properties are the property of their respective owners.
    4. We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-commercial license to browse, access, and view any of the LW Properties made available to our users.
    5. The LW Properties nor any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Love Wellness. You may not use any meta tags or any other “hidden text” utilizing Love Wellness’s name or trademarks without the express written consent of Love Wellness. Any unauthorized use terminates the permission or license granted by Love Wellness.
  • REGISTERING YOUR ACCOUNT
    1. Registered Users. To access certain features of the LW Properties, you must be a user who has a registered customer account (an “Account”) on our Site (a “Registered User”). Registered Users may view their order history, shipping address, status of purchased Products, and other relevant information to their purchases within their Account. Unless expressly agreed to by us in writing elsewhere, we have no obligation to store any information that is available on your Account or elsewhere on the LW Properties.
    2. Registration Process. You may create an Account by visiting our Site and clicking the “sign in” button or by visiting https://lovewellness.com/account/register. There, you must enter the information requested, such as your first and last name, email address, and password. Once you enter the requested information and click “create account,” we will send an email to the email address you listed, via our third-party vendor, to verify your email address and activate your Account. Upon activation of your Account, we will send you another email via our third-party vendor to confirm the creation of your Account.
    3. Registration Data. In registering an Account on our Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”) and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Furthermore, you represent the following:
      1. you are at least 18 years old and of legal age to form a binding contract; and not a person barred from using the LW Properties under the laws of the United States, your place of residence, or any other applicable jurisdiction;
      2. you are responsible for all activities that occur under your Account; you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the LW Properties by minors through your Account;
      3. you will not maintain more than one Account at any given time;
      4. you will not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security;
      5. you will not create an Account using a false identity or information, or on behalf of someone other than yourself;
      6. you will not create or use an Account for purposes of reselling Products or for any other unauthorized commercial purpose; and
      7. you will not create any Account or use the LW Properties if we have previously removed you, or we previously banned you from any LW Properties. 

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the LW Properties (or any portion thereof).

  1. When you place your first order on the Site, we will request your shipping and payment information as part of the checkout process. Your payment information is stored by our third party payment processor. Where permitted by applicable law, you agree that we may update your payment information with information your bank or credit card issuer may supply to our third party payment processor, or other information available to us. All such personal information is subject to our Privacy Notice, which is hereby incorporated into these Terms.
  • LOVE WELLNESS PROGRAMS
    • You may purchase a subscription to our Product(s) (a “Subscription”). Subscriptions are offered in accordance with the following terms:
      1. Updating Subscriptions. You will receive the Products for which you subscribe at the frequency you select. You may log into your Account and customize your Subscription at any time. You can select the quantity of the Product(s) and the frequency of each shipment and advance or delay the next shipment as you wish. If you do not update your Subscription preferences for any given shipment, we will automatically send you the selections from your previous shipment.
      2. Changing or Cancelling a Subscription. Your Subscription will remain in effect until canceled by you or by Love Wellness. We reserve the right to cancel your Subscription at any time. To cancel your Subscription(s), you can do so online at any time (in your Account settings) or by emailing us at contact@lovewellness.com. Subscriptions cannot be cancelled via Facebook or other forms of social media. Any changes to a subscription (including cancellations, item edits, skipped orders, shipping address changes, order renewal date changes, payment information) must be made at least 24 hours prior to the next scheduled renewal date to be reflected in the next order.
      3. Subscription Renewals. Your Subscription renewal date will be set forth in your Account and all subscriptions are processed on the renewal date (which includes weekend days). Subscription renewals processed before 9:00 a.m. Eastern Time, Monday through Friday, typically ship the same business day, barring any carrier discrepancies, and orders processed after 9:00 a.m. Eastern Time or on weekend days will ship the next business day.
      4. Subscription Prices. We will charge the recurring subscription price plus applicable taxes and shipping and handling costs to the default payment method saved to your Account when we ship your first Subscription order. You will continue to be charged the Subscription price plus applicable taxes and shipping charges at the time of each shipment for all subsequent Subscription orders until you choose to cancel or change the shipping frequency of your Subscription.
    • Referral Program. The spirit of the Referral Program is to introduce friends and family to Love Wellness. You may access our Referral Program at https://lovewellness.com/pages/referrals. Guidelines for the Referral Program are as follows:
      • For each Valid Referral, you earn a reward in the form of rewards points that can be applied to orders as a one-time discount. A “Valid Referral” means a referral that results from a referral link you send or a discount code you share through which a first-time Love Wellness customer other than yourself purchases a Product. Reward points will be added to your Account upon completion of a Valid Referral.
      • You may not refer yourself: we screen for similar name, email, shipping address, and other details to determine eligibility.
      • Referral links are intended to be shared directly with friends, and may not be published to social media, sent in bulk, or released outside of known friends or family.
      • Love Wellness has the right to disable referral links and cap referral rewards points if, in its sole discretion, it determines a participant is abusing the program.
      • You must use the referral link for savings to be applied for both referee and referrer.
      • Referral offer is valid for first-time purchases only and both referrer and referee must be 18 years or older to participate. The Referral Program is valid only in the United States, Canada, and Puerto Rico.
    • Rewards Program. You may join our Rewards Program at https://lovewellness.com/pages/rewards to earn points for each purchase of Products you make through our Site. The following terms apply to the Rewards Program:
      • Rewards points are non-transferable.
      • You must be 18 years or older to participate in the Rewards Program and the Reward Program is valid only in the United States, Canada, and Puerto Rico.
      • Love Wellness has the right, in its sole discretion, to revoke rewards points and reward status in the event of evidence of actual or attempted misuse or abuse of the Rewards Program in conflict with these Terms, our Privacy Notice, or any other policies of Love Wellness.
      • The Rewards Program eligibility is based on a 12-month basis, and points expire after 1 year of inactivity, defined as not earning or redeeming points within a 12-month period. After 12 months of account inactivity, your points will expire.
      • Reward points can be applied as a discount to existing Subscription Order on a per Order basis.
  • LOVE WELLNESS TEXT MESSAGE MARKETING
    1. Love Wellness offers, or may offer in the future, various mobile messaging or texting services (collectively, the “Messaging Program”). By signing up for the Messaging Program, or by otherwise using or participating in the Messaging Program, you agree to Love Wellness’s Terms and Privacy Notice, along with these mobile messaging terms and conditions (collectively, the “Messaging Terms”).
    2. By signing up for the Messaging Program, you provide your prior express written consent and agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from or on behalf of Love Wellness—including text messages that may be sent using an automatic telephone dialing system or an automated system for the selection and/or dialing of numbers —to the mobile telephone number you provided when signing up or any other number that you expressly designate. Your consent to receive our automated marketing text messages is not required to make a purchase from us.
    3. Message and data rates may apply. By providing your phone number to us and agreeing to texts, you acknowledge and agree that the receipt of such communications may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility.
    4. By opting into the Messaging Program for a mobile telephone number, you are representing to Love Wellness that the mobile number for or from which you have opted-in is one for which you are authorized to provide consent to receive mobile marketing messages from us. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary text messages to Love Wellness in order to stop future Love Wellness messages from being sent to that number.
    5. Message frequency will vary. Love Wellness reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Love Wellness also reserves the right to change the short code or phone number from which messages are sent, and we will notify you when we do so. Love Wellness further reserves the right, in its sole discretion, to cancel or suspend any or all of its Messaging Program, in whole or in part, for any reason, with or without notice to you.
    6. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Love Wellness is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Messaging Program for each mobile message sent. Love Wellness, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.  We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
    7. Cancellation. You may revoke your consent to receive our marketing texts at any time. Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode (or in response to any Love Wellness marketing text) to unsubscribe from our marketing texts. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT, you agree to and may then receive a single final text message confirming that your opt-out from future Love Wellness marketing texts has been processed.  You acknowledge and understand that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands and agree that Love Wellness and its service providers will have no liability for continued text messages due to your failure to use such unsubscribe requests.   
    8. Help. Text the keyword HELP to our shortcode to return customer care contact information.
    9. Customer Care. If you are experiencing any problems, please visit https://support.attentive.mobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com or contact@lovewellness.com.
    10. Contact. This message program is a service of Love Wellness, c/o Ogilvie Brands, Inc., located at One World Trade Center, Suite 8500, New York, New York 10007.

DISPUTE RESOLUTION – Arbitration Agreement and Class Action Waiver

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ACCESSING OR USING THE LW PROPERTIES, OR BY OTHERWISE AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND WE AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.

  1. Scope and Nature of Arbitration and Class Action Waiver. You and we agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms, your use of the LW Properties, or your and Love Wellness’s dealings with one another (including, but not limited to, your receipt of marketing or informational telephone calls, text messages, emails, or other communications from or on behalf of Love Wellness whether through the Messaging Program or not) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. You and we also agree that the arbitration provision and class action waiver apply to claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims.

    This agreement to arbitrate is intended to be interpreted broadly. YOU AND WE AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE OR PROSPECTIVE RELIEF.

    There is no judge or jury in arbitration. Generally, arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. You and Love Wellness each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND LOVE WELLNESS ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.

    Notwithstanding the foregoing, nothing in these Terms or arbitration provision will be deemed to waive, preclude, or otherwise limit the right of you or Love Wellness to file suit in a court of law to address an intellectual property infringement claim on a non-class or non-collective basis.

  2. Pre-arbitration Dispute Process. In the event of a dispute, and before initiating an arbitration proceeding under this section, you and we agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice; a brief summary the facts giving rise to the dispute; and the relief requested.

    You must send any notice of dispute to Love Wellness, c/o Ogilvie Brands, Inc., One World Trade Center, Suite 8500, New York, New York 10007, Attention: Legal or you can email us the notice of dispute at legal@lovewellnes.com. We will send any notice of dispute to you at the contact information we have for you. You and we agree to attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding in accordance with this section.

  3. Arbitration Procedures and Rules. If you and we do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving commercial contract or consumer disputes (as appropriate), who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and we both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.

    For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and we must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical places, or in a combined form. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

    Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

    You and Love Wellness empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms or the arbitration provision—including the formation of the agreement to arbitrate, the arbitrability of any dispute, and any claim that all or any part of these Terms are void or voidable (such as, but not limited to, whether the arbitration provision is unconscionable).

    The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
    1. Arbitration Fees and Costs. In accordance with the JAMS Rules, the party initiating the arbitration (either you or Love Wellness) is responsible for paying a filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred. (During the arbitration, the amount of any settlement offer made by you or Love Wellness shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.) Further, if you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive for you, we shall pay those costs and fees regardless of whether you prevail in the arbitration—unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.
    2. Governing Law. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. THE ARBITRATOR WILL FOLLOW APPLICABLE SUBSTANTIVE LAW TO THE EXTENT CONSISTENT WITH THE FAA, APPLICABLE STATUTES OF LIMITATION, AND APPLICABLE PRIVILEGE RULES, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER APPLICABLE SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY, AND PUNITIVE DAMAGES, AS WELL AS, DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF—INCLUDING PUBLIC INJUNCTIVE RELIEF AND ATTORNEYS’ FEES AND COSTS.
    3. Enforceability. Notwithstanding any provision in these Terms to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the state courts of competent jurisdiction located in New York, New York, or the United States District Court for the Southern District of New York, Manhattan Division, and you and we agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

      If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in New York, New York, or the United States District Court for the Southern District of New York, Manhattan Division, and you and we agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial and waive any right to initiate or proceed in a class or collective action. You also remain bound by any and all limitations on liability and damages included in these Terms.

    4. Survival. This arbitration agreement and class action waiver shall survive termination of your use of or access to the LW Properties or termination of our dealings with you.

    5. Intended Beneficiaries. AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER MAY ENFORCE THE PROVISIONS IN FULL WITH RESPECT TO ANY CLAIMS BETWEEN THEM ON THE ONE HAND AND YOU ON THE OTHER ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, OUR DEALINGS WITH YOU, OR THIS ARBITRATION PROVISION.

      INTENDED BENEFICIARIES ARE OUR AGENTS, PRINCIPALS, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, AND MEMBERS. INTENDED BENEFICIARIES ALSO ARE OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, JOINT VENTURERS, CONTRACTORS, ASSIGNS, DESIGNEES, VENDORS, SERVICERS, AND SERVICE PROVIDERS. A SERVICE PROVIDER IS ANY THIRD-PARTY PROVIDING US OR ANY INTENDED BENEFICIARY ANY GOODS OR SERVICES ARISING OUT OF OR IN ANY WAY RELATING TO OUR DEALINGS WITH YOU OR THIS ARBITRATION PROVISION, INCLUDING WITHOUT LIMITATION ANY PROVIDER THAT SENDS LOVE WELLNESS’S TEXT MESSAGES. INTENDED BENEFICIARIES INCLUDE PAST, PRESENT, AND FUTURE PERSONS LISTED IN THIS PARAGRAPH.

      THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION. YOU ALSO ACKNOWLEDGE THAT YOU SHALL BE ESTOPPED FROM DENYING AN OBLIGATION TO ARBITRATE COVERED DISPUTES WITH AN INTENDED BENEFICIARY.

    6. Time Limitations on Bringing Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF OR ACCESS TO THE LW PROPERTIES, OR YOUR AND LOVE WELLNESS’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH THE LW PROPERTIES MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

    7. Opting Out of Arbitration. If you wish to opt-out of this agreement to arbitrate, within 45 (forty-five) days of when you initially use or access the LW Properties or otherwise agree to these Terms (whichever occurs first), you must send us a letter or email stating “Request to Opt-Out of Agreement to Arbitrate” at the following physical address or email address AND MUST INCLUDE YOUR FULL NAME, MAILING ADDRESS, AND TELEPHONE NUMBER:

      Love Wellness, c/o Ogilvie Brands, Inc., One World Trade Center, Suite 8500, New York, New York 10007, Attention: Legal
      legal@lovewellness.com

      If you do not opt-out within 45 (forty-five) days of when you initially use or access the LW Properties or otherwise agree to these Terms (whichever occurs first), then you are not eligible to opt-out of this arbitration agreement.

      In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in New York, New York, or the United States District Court for the Southern District of New York, Manhattan Division, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms.

TERMS OF SALE

    1. Pricing and shipping information, including the total amount to be charged to your Payment Provider Account (defined below), will be displayed during the checkout process before you submit your Order. All prices and Products, even after you submit your Order, are subject to change. For more information about Product pricing, please visit the page for that Product on our Site.
    2. Payment Methods. When you order a Product or a Subscription from our Site (an “Order”), you must provide us with information from your valid credit card (Visa, MasterCard, American Express or any other issuer accepted by us or our third-party payment processor (“Payment Provider” and “Payment Provider Account”). You agree to pay all charges listed in the checkout process when you submit an Order in accordance with the fees, charges, taxes, and billing terms in effect at the time the charge is due and payable. Your Payment Provider agreement governs your use of the designated Payment Provider Account, and you must refer to your Payment Provider agreement, and not these Terms, to determine your rights and liabilities. By providing us with your Payment Provider Account, you agree that we are authorized to immediately charge your Payment Provider Account for all charges due and payable to us in connection with your Account (including any Subscriptions) and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or Payment Provider Account used for payment hereunder. We may use a third party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). Information that you submit to the Site will be transmitted to and shared with these third parties, which may be located in other countries, in order to complete your Order and provide the Services, including but not limited to transaction processing and fraud protection. We reserve the right at any time to change billing methods, either immediately upon posting on the LW Properties or by email delivery to you. Payment value will be in US dollars unless otherwise specified on our Site. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
    3. Declined Charges. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
    4. Title and Risk of Loss. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.
    5. Sales to Canadian Residents. All Canadian sales occur in the US. The risk of loss and title for items purchased by Canadian customers passes to you upon our delivery of the items to the carrier, which occurs in the US. The carrier acts on behalf of the Canadian customer to deliver the purchased items into Canada. Canadian customers are responsible for all applicable sales, retail, commodities, goods and services, harmonized, excise, VAT, indirect taxes and like taxes, fuel surcharges and all other taxes, duties, customs, levies, fees, charges, retributions, import and export taxes and charges, liabilities and/or other rights assessed or levied or to be assessed or levied in the future by any competent public, government, legal, taxation, customs agency, department or other federal, provincial, state, municipal or local authority
    6. Discounts and Promotions. Discount codes may be applied to eligible Orders as set forth below and discounts applied to ineligible Orders are subject to cancellation or reversal at the discretion of Love Wellness:
      1. Only one discount code or promotion may be used per Order;
      2. Promotions and discounts cannot be stacked or combined with other offers;
      3. Promotions and discounts cannot be applied to discounted or sale items; and
      4. Promotions and discounts cannot be applied to any order that has at least one Subscription included.
    7. Return Policy. The following terms constitute our “Return Policy”:
        1. Only unopened, unused Products that are in their original packaging are eligible to be returned. For avoidance of doubt, opened Products are not eligible for return, exchange, or store credit.
        2. Unopened, unused Products must be returned within 30 days of delivery date. Returns of Products are not permitted outside of the 30-day return window.
        3. Returns must be initiated with our Customer Experience Team via email to contact@lovewellness.com. Please do not return your Order back to sender. Orders that are returned to sender are not eligible for a return or refund.
        4. Returns are only permitted for Orders with a delivery address within the United States.
        5. Shipping charges are non-refundable. If you receive a refund for your Order, the cost of return shipping will be deducted from such refund.
        6. For Orders of 10 items or more, only 50% of the Order may be returned.
        7. Purchases of Digital Guides and the Love Yourself Well Book and body-care accessories are “Final Sale” and cannot be returned or exchanged once purchased.
        8. Orders purchased with Buy One Get One offer (“BOGO”) must be returned in their entirety (e.g., if you purchased 4 Products through a BOGO, all 4 Products must be returned) in order to receive a full refund. Returning a portion of a BOGO Order will result in a partial refund, if eligible.
    • Damaged Products. If you’ve opened a Product and are unhappy with the Product or the Product arrives damaged, please reach out to contact@lovewellness.com. We only replace items if they are defective or damaged upon arrival and that are unopened and unused. Damaged or defective Products must be reported to Love Wellness within 7 days of receipt to be eligible for replacement.
    • Refunds. If you have returned a Product in accordance with our Return Policy, once your returned Products are received and inspected, we will notify you via email that we have received your returned Product. We will also notify you of the approval or rejection of your return. If approved, your refund will be processed and a credit will automatically be applied to your original method of payment. If you receive a refund, the cost of return shipping will be deducted from your refund. Refunds can only be processed back to the original payment method. In the event we’re unable to refund back to the original form of payment due to a cancelled/expired credit card or closed bank account, store credit will be issued via Rewards Points that can be applied as discounts on future orders. If you have not received a refund after 5 business days from receiving your refund confirmation email, check with the bank/financial institution associated with your original payment method. If you’ve done this and still have not received your refund, please contact us at contact@lovewellness.com.
    • Shipping. All shipping costs are non-refundable. Shipping information cannot be changed or updated once the Order has been processed and shipped from our facility. Please ensure that all shipping information is correct before finalizing your Order. We do not support or allow for the shipping of Orders to freight forwarders and cannot provide necessary paperwork if done so. Orders may be delayed from shipment due to discrepancies in payment or billing/shipping information. Transit times may be extended due to incomplete shipping address (i.e., missing or invalid apartment number/street number), weather conditions, or general carrier delays/issues. In the event that there is an issue with the delivery of your Order, you must inform Love Wellness by email to contact@lovewellness.com within 7 days of your expected delivery to proceed with rectifying the delivery issue.
    • Order Delivery Issues. Orders lost in transit with freight forwarders are not eligible for replacement by Love Wellness. Love Wellness is not responsible for any lost packages, and you should file a claim with the specific carrier to resolve delivery issues.

DISCLAIMER OF WARRANTIES. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE LW PROPERTIES AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LOVE WELLNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOVE WELLNESS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOVE WELLNESS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. LOVE WELLNESS DOES NOT WARRANTY THAT ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED THROUGH THE LW PROPERTIES OR PURCHASED THROUGH THE SITE WILL BE OF A CERTAIN QUALITY OR WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY.

  • LOVE WELLNESS, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “LOVE WELLNESS PARTIES”), SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE ANY OF THE LW PROPERTIES OR TO THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (1) AS A PUBLISHER OF INFORMATION, (2) FOR ANY DEFECTIVE PRODUCTS, (3) FOR ANY INCORRECT OR INACCURATE INFORMATION, (4) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (5) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (6) FOR ANY OTHER MATTER RELATING TO THE LW PROPERTIES OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOVE WELLNESS AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
  • NOT WITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE LOVE WELLNESS PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT PURCHASED BY YOU FROM THIS SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LOVE WELLNESS PARTIES AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION ANY REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING FROM OR RELATING TO YOUR USE OF OR CONDUCT ON THE SITE, ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON, ANY MATERIAL THAT YOU SUBMIT TO, POST ON OR TRANSMIT THROUGH THE SITE, YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OR VIOLATION OF ANY RIGHTS OF ANOTHER, OR TERMINATION OF YOUR ACCESS TO THIS SITE.
  • THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC AND CERTAIN STATES IN THE UNITED STATES, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS SET FORTH IN THIS SECTION 9 MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH PLACES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
    • IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
    • IF YOU ARE ACCESSING THE SITES OR SERVICES FROM NEW JERSEY, YOU (1) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE LW PROPERTIES; (2) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITES OR SERVICES; AND (3) EXPRESSLY AGREE TO RELEASE AND DISCHARGE LOVE WELLNESS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE LW PROPERTIES; AND (4) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST LOVE WELLNESS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF LOVE WELLNESS AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

NOTICE REGARDING MEDICAL ADVICE. THE LW PROPERTIES (INCLUDING THIS SITE, ALL CONTENT POSTED THEREON, AND THE BLOG AVAILABLE AT https://lovewellness.com/blogs/love-wellness DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THE LW PROPERTIES OR AVAILABLE THROUGH ANY LW PROPERTIES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING CONTAINED ON ANY LW PROPERTY IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH ANY LW PROPERTY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

USER CONTENT, FEEDBACK, PROHIBITED USE, AND CONTENT

  1. User Content
    • Types of User Content. You and other users may be able to originate files, materials, data, text audio, video, images, or other content (“User Content”) on the LW Properties. You acknowledge that the user who originated the User Content, and not Love Wellness, has sole responsibility for the User Content. That means you, and not Love Wellness, are entirely responsible for User Content you upload, post, message, or otherwise make available (“Make Available”) on the LW Properties.
    • No Obligation to Pre-screen User Content. You acknowledge that we have no obligation to pre-screen User Content, but we reserve the right, in our sole discretion, to pre-screen, refuse, or remove any User Content. By accepting these Terms, you hereby provide your irrevocable consent to such monitoring, and you acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content. In the event that we pre-screen, refuse or remove any User Content, you acknowledge that we will do so for our benefit and not yours. Without limiting the foregoing, we shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
    • Ownership of User Content. We do not claim ownership of User Content; provided, however, that when you (as a user) upload, post, publish, or otherwise make available User Content on the LW Properties you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including moral rights) and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display User Content, and all portions thereof, and to incorporate it in other works in any form, media or technology now known or later developed, for the full term of all worldwide intellectual property rights that may exist in User Content.
    • Feedback. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any feedback in confidence; (2) to pay compensation for any feedback; or (3) to respond to any Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.
    • License to User Content and Feedback. You hereby grant Love Wellness a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform, publicly display, re-format, and otherwise commercially or non-commercially exploit in any manner any and all of User Content and Feedback, and any portions thereof, for the purposes of operating, maintaining, providing, and enhancing the LW Properties. You hereby waive your moral rights in connection with User Content. Please note that users may search for, see, use, modify, and reproduce any of User Content or Feedback that you submit in a non-private or “public” area of the LW Properties.
  2. Prohibited Use. Through the use of any LW Properties, you agree not to, nor to permit anyone else to, directly or indirectly:
    • Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Accounts of others without permission, falsifying your age or date of birth, forging headers or otherwise manipulating identifiers in order to disguise the origin of any communication transmitted through the LW Properties, or posting content in fields that are not intended for that content;
    • Use the LW Properties (including the submission, transmission, modification, addition, or deletion of any LW Content available through the LW Properties) for any illegal or improper purpose, or in violation of any local, state, national, or international law, or for any purpose other than your personal, non-commercial purposes;
    • Violate, or encourage others to violate, the rights of Love Wellness or third parties, including by infringing or misappropriating any Love Wellness third party intellectual property or other proprietary rights;
    • Remove any copyright, trademark or other proprietary rights notices contained on the LW Properties;
    • Post, upload, or distribute any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
    • Interfere with security-related features of the LW Properties, including, without limitation, by: (A) sharing use of your password; (B) accessing an Account if you are not the Account owner; (C) disabling or circumventing features that prevent or limit use or copying of any LW Content; or (D) reverse engineering or otherwise attempting to discover the source code of the LW Properties or any part thereof except to the extent that such activity is expressly permitted by applicable law;
    • Interfere with the operation of the LW Properties or any user’s enjoyment of the Service, including without limitation by: (A) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (B) sending unsolicited or unauthorized offers, advertisements, or other forms of solicitation to other users of the Service; (C) attempting to collect personal information about users or third parties without their consent; or (D) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; or
    • Attempt to do any of the foregoing or assist or permit any persons in engaging or attempting to engage in any of the activities described above.
  • Accuracy of LW Content. Love Wellness strives to keep our LW Content accurate, complete, and up to date, we cannot and do not guarantee or endorse, and are not responsible for the accuracy, completeness, reliability or timeliness of any content, whether provided by Love Wellness or by users. Any opinions, advice, statements or other information expressed or made available by users or third parties are those of the respective user or other third party and not of Love Wellness. Love Wellness does not have any obligation to prescreen, edit, or remove any submissions provided by users that are posted on or available through the LW Properties.

PERSONAL USE OF PRODUCTS. Products, including any samples provided to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Love Wellness and bulk orders of Products for non-personal use are not permitted. All Orders are subject to our acceptance or rejection based on Product availability, compliance with these Terms, or any other reason as determined in our sole discretion. We may take steps to verify your identity to process your Order and may limit or cancel quantities of Products purchased per person, per household, or per Order. These restrictions may include Orders placed by or under the same account, the same credit card, or will the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the Order was made, and we will either not charge you or will refund the charges for Orders that we cancel or do not process. We further reserve the right to limit or prohibit Orders or discounts on Orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

TERMINATION. We reserve the right to block access to, suspend, or terminate your access to the LW Properties or your Account, with or without notice, and with or without refund, if we, in our sole discretion, determine that you are in breach of these Terms. In the event that we terminate your access to the LW Properties and/or your ability to create an Account, we may remove your access from, bar your right to further use, and delete your password and Account on our Site. If we discontinue your ability to access the LW Properties and/or create an Account, you agree that you shall not attempt to re-register with or access the LW Properties, for example, by using a different email address. In the event you violate this Section, we reserve the right, in our sole discretion, to immediately take any and all of the actions set forth herein without any notice or warning to you.

COPYRIGHT INFRINGEMENT CLAIMS. In accordance with the Digital Millennium Copyright Act of 1988, Love Wellness promptly responds to claims of copyright infringement committed on the LW Properties if such claims are reported to our designated Copyright Agent.

  • If you believe your work has been posted on the LW Properties in a way that constitutes copyright infringement, please deliver the following information to our designated Copyright Agent at the address below:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of the location on the LW Properties of the material that you claim is infringing;
    • Your address, telephone number and email address;
    • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Designated Copyright Agent: Love Wellness, c/o Ogilvie Brands, Inc., One World Trade Center, Suite 8500, New York, New York 10007; ATTN: Copyright Agent.
MISCELLANEOUS
  • Governing Law. With the exception of the arbitration provision above (which is governed by the Federal Arbitration Act), these Terms shall be governed and interpreted in accordance with the laws of the State of New York, United States of America, without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods.
  • Severability. Except as provided otherwise herein, if any current or future provision of these Terms is found invalid, void or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms.
  • 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. We may assign these Terms at any time without notice.
  • Survival. These Terms are applicable to you upon your accessing any LW Properties. The provisions relating to Intellectual Property and Ownership, Dispute Resolution, Disclaimer of Warranties, Limitation of Liability, Feedback, Prohibited Use, and LW Content, and Miscellaneous, shall survive any termination of these Terms.
  • Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding the Site.
  • Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  • Force Majeure. We shall not be liable for any delay or failure to perform, including failure to deliver Products, resulting from causes outside our reasonable control.
  • International Users. The LW Properties can be accessed from countries around the world and may contain references to Products that are not available in your country. These references do not imply that we intend to announce such Products in your country. The selection and availability of our Products may vary from country to country, device to device (because of technical limitations), and user to user. The LW Properties are controlled and offered by us from our facilities in the United States. Love Wellness makes no representations that the LW Properties are appropriate or available for use in other locations. Those who access or use the LW Properties from other countries do so at their own volition and are responsible for compliance with local law.
CHANGES TO THESE TERMS. These Terms will change over time, for example to comply with legal requirements or to meet changing business needs. The most up-to-date version can be found on this webpage and the “Last Updated” date below will reflect when the current version was posted. In case there is an important change that we want to highlight to you, we will also inform you in another appropriate way if and as required by law (for example via a notice or banner on our Site or via email to you).

QUESTIONS OR CONCERNS. If you have questions, comments, concerns, or feedback regarding these Terms, please contact us via email to contact@lovewellness.com or via mail to Love Wellness, c/o Ogilvie Brands, Inc., One World Trade Center, Suite 8500, New York, New York 10007.

 

Last Updated: February 2024