Thank you for trusting us with your personal information. jamiladanielle designworks, LLC, d.b.a. loved+blessed® (“jamiladanielle designworks”, “loved+blessed”, “we” or “us”), the operator of this web site, e-commerce shop (the “Shop”) and the subscription membership service provided (the “Service”), is committed to preserving the privacy of those who visit the website lovedandblessed.com (the “Site”).
INFORMATION WE COLLECT AND RECEIVE
We collect several different types of information for various purposes to provide and improve our products and services for you.
If you create an account, join/subscribe to loved+blessed and/or place an order through our Shop on lovedandblessed.com, we will ask you for personally identifiable information about yourself (“Personal Information”). This information may include names, shipping addresses, billing addresses, email addresses and payment/credit card information.
We use this information to process and fulfill your order(s) and to notify you of your order status. We do not collect any Personal Information about you unless it is voluntarily provided by you. jamiladanielle designworks will never sell, rent or share your personal Information, including your e-mail address, with any third parties for marketing purposes without your express permission.
In addition, we may also collect non-personally identifiable information. Like most websites, lovedandblessed.com automatically receives and stores information such as IP host address, pages viewed, browser type, duration and frequency of visits, internet service provider, the referring/exit pages, your operating system, the date/time stamp of your Site visit and other data, and may aggregate any information collected in a manner which does not identify any individual. Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the, Site, including both offline and online sources. We use this information, which doesn't identify individual Site visitors, to analyze and understand how the Site works for you so we can improve it, to administer the Site, and to gather demographic information about Site visitors for targeted online marketing purposes.
If you elect to use our referral program for informing a friend about our Site or Service, we ask you for the friend's name and email address. loved+blessed will automatically send the friend an initial email inviting them to visit the Site. loved+blessed may also send additional emails reminding your friend that you referred them. jamiladanielle designworks stores this information for the sole purpose of sending these referral emails and tracking the success of our referral program. Your friend may contact loved+blessed at any time to request the removal of this information from our database.
"Session Cookies" During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A "Session Cookie" is never stored permanently on your computer and disappears when you close your browser. To use lovedandblessed.com without troubles you need to have cookies enabled.
“Analytics Cookies” This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. On lovedandblessed.com we use this type of cookie to keep track of your shopping cart, to measure Site metrics such as which pages are popular, how often people visit the Site, whether people are visiting the Site for the first time, and whether visitors make purchases on the Site. They also are used to enhance Site functionality, for example to allow returning users to use the Site without logging in. The information stored on your computer is only a unique number, without any connection to personal information.
HOW WE USE THE DATA COLLECTED
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To process Shop orders
To process payment
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
You have given us permission to do so
The processing is in our legitimate interests and it's not overridden by your rights
For payment processing purposes
To comply with the law
Disclosures to Related Third Parties
Like most Internet retailers, we use third parties to help ensure our business runs smoothly. We disclose your information to these third-party companies so they can perform their specific functions for us. For example, we may provide your name, shipping address, email and phone number to third-party shippers like the United States Postal Service or FedEx to deliver our products to you. We also may provide your credit card information to third-party credit card processors and issuers to help us process your orders from us.
We may employ third party companies and individuals to facilitate our Service and Shop ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service and Shop are being used. These third parties have access to your personal data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
· Google Analytics
· Google AdWords
Google AdWords remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Customer Account Management
Their Terms can be viewed at https://mailchimp.com/legal/terms/
HOW YOU CAN CONTROL YOUR PERSONAL INFORMATION
Log Into Your Account. You can change the personal information you provide to us by logging into your loved+blessed account and making the appropriate changes.
Contact Us. If you are unable to make a change to your personal information and we will help you update it.
Opt-Out. At your request, we will stop sending you certain emails. Click the “unsubscribe” link in any email correspondence you receive from us to be removed from our mailing list.
Block Cookies and Targeted Advertising. You can prevent jamiladanielle designworks and its third-party partners from setting and accessing cookies on your computer by setting your Internet browser to block cookies.
Cancel Your Subscription or Deactivate Your Account. You may cancel your loved+blessed subscription by logging into your account at any time. At your request, we will stop sending you certain emails or even deactivate your account to prevent any future purchases through it. To deactivate your account, contact us at firstname.lastname@example.org.
Testimonials. We may also disclose, on an anonymous basis, statements made by our users. However, with your consent, we may post your testimonial along with your name. If at any point you wish to update or delete your testimonial, please contact us at email@example.com.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please submit a request via firstname.lastname@example.org.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. jamiladanielle designworks, LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
What Happens in the Event of a Change of Control: We may be involved with an acquisition or divestiture of our business, products or services. Information we maintain including names and email addresses, and other information related to the loved+blessed service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.
How We Protect Your Information
We are committed to protecting the information we receive from you. However, jamiladanielle designworks will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken commercially reasonable efforts to prevent unauthorized Internet access to visitor data however, due to the inherent open nature of the Internet, jamiladanielle designworks cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their Personal Information may be intercepted in transit.
The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your computer. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.
You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. You should not expect that all of your information will be completely removed from our databases in response to your request. jamiladanielle designworks will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Links To Other Sites
Our Site may contain links to other web sites, including our affiliated or co-branded web sites. Other web sites may also reference or link to our Site. These "other" domains (web sites) are not controlled by jamiladanielle designworks. We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site they visit. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.
Our Service does not address anyone or knowingly market to anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Last Updated: May 25, 2018
Terms & Conditions in short
By subscribing to a membership and/or ordering any of our products, you agree to be bound by these terms & conditions.
By placing an order at lovedandblessed.com, you warrant that you are at least 18 years old or have parents' permission to buy from us.
Events outside jamiladanielle designworks control shall be considered force majeure.
The price applicable is that set at the date on which you place your order.
Shipping costs and payment fees are recognized before confirming the purchase.
Payment card information is transmitted over secure SSL encryption and is not stored.
Please note that local charges may occur.
jamiladanielle designwork reserves the right to amend any information without prior notice.
Terms & Conditions
Please read these terms & conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms & conditions.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
1.1 Eligibility. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
1.2 License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. jamiladanielle designworks reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.
1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or Site; (g) collect information about users of the Service, the Site, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Site.
2. ACCOUNT REGISTRATION; ACCOUNT USE
2.1 Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.
2.2 Security of Your Account. You agree to notify loved+blessed immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by jamiladanielle designworks or a third party due to someone else using your account.
2.3 No Obligation to Retain a Record of Your Account. jamiladanielle designworks has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
3. MEMBERSHIPS AND PROMOTIONS
3.1 Memberships. We offer various subscription membership plans (each, a “Membership”) for monthly shipments of products.
3.2 Automatic renewal. All non-gift memberships automatically renew. You acknowledge and agree that each membership automatically renews unless you cancel it or we suspend or terminate it in accordance with these terms.
3.3 Cancellation Policy. Memberships may be cancelled any time, subject to these Terms. You can cancel at any time, without penalties or hidden fees. Your cancellation will take effect at the end of your current subscription cycle. In order to cancel your membership, you must: (a) log into your member account, choose Edit, and follow the instructions; (b) email us at email@example.com, indicate that you wish to cancel and follow the instructions that we send you in response; (c) call us at 855-SO-LOVED, indicate that you wish to cancel and follow the instructions given. Memberships are non-refundable. If you cancel on or after the 1st of the month, after your subscription has renewed, that box will be your last one.
3.4 Promo Codes. loved+blessed may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by jamiladanielle designworks at any time in its sole discretion.
4. TERMS OF SALE
The following terms apply to your purchase of the products offered on the Site, whether by way of a Membership, Shop, “add-on” product, or otherwise (“Products”).
4.1 Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
4.2 Availability and Pricing. jamiladanielle designworks reserves the right to change the prices and available Products and Memberships at any time. Any Membership you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Membership. Quantities of some Products may be limited and stock cannot always be guaranteed. The price of products offered for sale on this Site are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
4.3 Purchasing Products. The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
4.4 Orders. We have the right to refuse or limit any orders, limit quantities, and Memberships. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion.
4.5 Returns. Boxes received through our Membership subscription Service are cannot be returned. One-time purchases from our Shop can be returned within 14 days of receipt. Return shipping is not provided. Items must be returned in un-used condition and in their original packaging. Depending on the item a restocking fee may be deducted from your refund to cover the repackaging cost.
4.6 Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within 14 days of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
4.7 Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for subscription Memberships. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
4.8 Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
4.9 Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
4.10 Gift Certificates. Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
4.11 Personal Use Only. Products are for your personal use only. You agree not sell or resell any products you purchase or otherwise receive from us in connection with your Membership or Shop purchase. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
5. INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES
5.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to jamiladanielle designworks and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
5.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. jamiladanielle designworks is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
6. CONTRIBUTIONS TO loved+blessed
Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “User Content”. The following terms apply to User Content:
6.1 License to loved+blessed. By sharing, submitting or uploading any User Content, you grant jamiladanielle designworks a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.
6.2 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in Section 6.1.
6.3 Right to Name and Likeness. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.
6.4 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant jamiladanielle designworks the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or jamiladanielle designworks use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
6.5 No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.
7.1 Infringement Notification. jamiladanielle designworks respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
8. WARRANTIES; DISCLAIMER
8.1 No warranties. The site, services and products are provided “as available” and “as is,” with no representations or warranties of any kind. jamiladanielle designworks disclaims to the fullest extent permitted by law all warranties, express, implied and statutory, including all warranties of merchantability, fitness for a particular purpose, title and non-infringement. jamiladanielle designworks does not warrant that any products will be in stock, safe, defect-free, conform with written or oral specifications, guarantees, representations, warranties or promises, or that products will not be lost or damaged in shipment.
8.2 Use of site is at your own risk. jamiladanielle designworks does not represent or warrant that the site, services or emails sent to you will be uninterrupted, error-free, secure, free of viruses or other harmful code, or that all information will be accurate or complete. You agree that your use of the site shall be at your sole risk and that you will be solely responsible for any damage to your hardware or loss of data that results from the download of material or data. jamiladanielle designworks makes no representation, warranty, guarantee or promise that the products, site or services will meet your requirements or achieve any particular results. jamiladanielle designworks will not be responsible for any third-party content or services on the site, any links to third-party websites or any third-party websites. Packaging, labels and instructions may contain manufacturer disclaimers and limitations of liability that apply to the products you purchase. jamiladanielle designworks makes all disclaimers in this paragraph on behalf of itself and its licensors and suppliers.
9. LIMITATION OF LIABILITY
9.1 No consequential damages. In no event will jamiladanielle designworks, its affiliates or their respective officers, directors, employees or representatives (collectively “jamiladanielle designworks” for purposes of this section) be liable for any indirect, incidental, special, consequential or punitive damages resulting from the performance, use of or the inability to use the site, services or products, even if jamiladanielle designworks has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute or otherwise. jamiladanielle designworks will not be liable for the cost of replacement products, loss of revenue or loss of good will.
9.2 Our liability is limited. In any event, our aggregate liability will not exceed the amount paid for the product(s) to which the claim relates or, if the claim does not relate to a product, $100.
9.3 Your rights may vary. Because some states or jurisdictions may not allow limitations on the duration of implied warranties, or limitations on or exclusions of consequential or incidental damages, some of the above limitations may not apply to you depending on your state or nation of residence.
You agree to defend, indemnify and hold harmless jamiladanielle designworks, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
11. TERMINATION; SURVIVAL
11.1 Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
11.2 Modification and Termination of Site and Services. We may modify or terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
11.3 Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any order outstanding at the time of termination.
11.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: 1.3, 1.4, 2, 4.4, 4.5, 5 through 10, 11.4, 12, and 13.
You and jamiladanielle designworks agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to jamiladanielle designworks in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 12.
12.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information (including your email address, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
12.2 Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Covered Matters.
12.3 Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.4 Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same loved+blessed user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
12.5 Exceptions. There are only two exceptions to this arbitration agreement:
(a) First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
(b) Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
12.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, jamiladanielle designworks will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, jamiladanielle designworks is relieved of its obligation to reimburse you for any fees associated with the arbitration.
12.7 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against jamiladanielle designworks prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and jamiladanielle designworks. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
12.8 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and jamiladanielle designworks must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and jamiladanielle designworks agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
12.9 Opt-Out. IF YOU ARE A NEW LOVED+BLESSED USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO CUSTOMERSERVICE@LOVEDANDBLESSED.COM EMAIL ADDRESS (“OPT-OUT NOTICE”) OR VIA US MAIL TO: jamiladanielle designworks, 1168 West Blvd, LA, CA 90019. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW FABFITFUN USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
12.10 Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: email@example.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
12.11 WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
12.12 STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
13. GENERAL TERMS
13.1 Force Majeure. Under no circumstances shall jamiladanielle designworks or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
13.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of jamiladanielle designworks to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
13.3 Miscellaneous. These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and jamiladanielle designworks and govern your use of the Site, Services and products provided by jamiladanielle designworks, and supersede any prior agreements between you and jamiladanielle designworks on the subject matter. You also may be subject to additional terms that may apply when you use certain jamiladanielle designworks services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by jamiladanielle designworks without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of jamiladanielle designworks. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
13.4 Use Outside the United States of America. The Site is controlled and offered by jamiladanielle designworks from the United States of America. jamiladanielle designworks makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
13.5 Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
1168 West Blvd, Los Angeles, CA 90019
Last Updated: May 25, 2018