Terms and Conditions

Lovevery® Terms of Service

These terms and conditions (these “Terms of Service”) were last updated on October 15, 2023.

As described under the section heading “Dispute Resolution, Binding Arbitration, and Class Action Waiver”, these Terms of Service contain a binding arbitration agreement and class action waiver. You agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.

In addition, as further described under the section heading “Subscription Cancellations”, your Lovevery subscription will automatically renew unless you timely cancel by updating your Account settings or by contacting Lovevery customer support.

The content of the www.lovevery.com website (the “Website”), the services provided through the Website, and the Lovevery mobile application (the “Mobile App”) are provided by Lovevery, Inc., 918 W. Idaho Street, Boise, Idaho 83702 (“Lovevery,” “we,” “us” or “our”). These Terms of Service govern your (“you” or “your”) access to and use of the Website, the Mobile App, and all services provided by Lovevery via the Website and Mobile App including without limitation our subscriptions (“Subscriptions”), products, online educational courses and related materials (the “Parent Courses”) and gift cards (collectively, the “Services”). You may also be provided additional terms and conditions with respect to specific Subscriptions, Parent Courses, products, and gift cards (“Specific Policies”), which shall apply in addition to these Terms of Service, with the Specific Policies superseding any conflicting terms in these Terms of Service.

If one or more of the provisions in these Terms of Service are null and void or should be nullified, the other provisions of these Terms of Service will remain fully applicable.

These Terms of Service apply to Lovevery Website and Mobile App users, customers, and prospective customers located in the United States and Canada. If you are located in the European Union or the European Economic Area (collectively, “European Union”), the United Kingdom, or Switzerland, or Australia, please refer to lovevery.eu/pages/terms-and-conditions, lovevery.co.uk/pages/terms-and-conditions, or https://lovevery.com.au/pages/terms-and-conditions respectively.

ACCEPTANCE OF TERMS

By using our Website, Mobile App, creating an account, or purchasing or subscribing to our Services, you accept these Terms of Service. Please read them carefully, as they may have changed since your last visit. We may revise these Terms of Service at any time. Any revisions will be posted on this Website. Your continued use of the Website, Mobile App, or Services will indicate you understand and accept the Terms of Service as revised.

PRIVACY STATEMENT

All information collected through the Website and Mobile App is subject to our Privacy Statement, which is hereby incorporated into and made part of these Terms of Service.

REGISTRATION AND ACCOUNT CREATION

To make purchases, you may register an account (“Account”) or check out as a guest. You may need an Account to access the Mobile App. For us to successfully provide you the Services, you may need you to provide us with:

− a shipping address within the United States or Canada (unless creating an Account for gift card purchases); and

− a valid credit card number (your “Credit Card”) and/or any other billing information or payment methods you have the right to use (collectively, “Account Information”).

As a registered user, you acknowledge and agree that we may use such information to communicate with you about the Services. We may also send you special offers and commercial email messages, which you may opt out of by selecting the unsubscribe link provided in the email correspondence. You may update your Account Information at any time, but please be advised that we reserve the right to use your new Account Information to process future purchases of our Products, including for any ongoing Subscription that was ordered using different Account Information.

You are responsible for protecting your Account from unauthorized use, and you are responsible for all activity that occurs on your Account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

TERMS OF SALE

The following terms explicitly apply to your purchase of our products and gift cards offered on the Website or Mobile App (hereafter “Products”), whether by way of a Subscription or otherwise.

Purchasing Products. By clicking on “Confirm order” you are placing a binding order for the Products that you have selected for purchase. Once you have submitted your order, we will send you an email confirmation of your order. A binding contract is formed when you receive the order confirmation from us. Please note that, by way of exception, we are under no obligation to deliver your order in the event of inaccuracies, errors, Product unavailability, or for any other reason. Your order is exclusively based on the information provided by you for this purpose, and we may rely on the correctness and completeness thereof. Therefore, you guarantee the correctness and completeness of said information.

Product Descriptions. We try to make the Website and Mobile App thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Website or Mobile App may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use or other errors. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, or item unavailability, or that otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Website or Mobile App 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.

Availability and Pricing. Lovevery reserves the right to change the prices and available Products at any time. Any Products that you have already paid for as of the date of such notice will not be affected by such pricing change. Quantities of some Products may be limited, and stock cannot always be guaranteed. The prices listed in the offer at the time of the order shall apply. The prices are quoted in US Dollars (USD). If you are using an IP address that does not reflect your geographic location, you are responsible for reviewing the currency that is displayed and confirming that you accept the price of the Products in such currency before submitting an order. We may occasionally make errors in the stated prices on this Website or Mobile App. 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. For some shipping locations, the cost of shipping and handling will be added to your order in addition to the Product price and, for other shipping locations, the Product price includes shipping and handling costs. Any shipping and handling costs that will be added to the Purchase price are shown during the ordering process before you submit your final order. Until the purchase price has been fully paid, the goods remain our property (or in case of a third party involved, the property of the third party).

Subject to these Terms of Service, if you purchase a Parent Course, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to view the Parent Course and its related materials on a streaming-only basis for your personal and non-commercial use. Lovevery reserves the right to cancel, discontinue, modify, or replace, temporarily or permanently, any Parent Course (or any part thereof) at any time with or without notice. You agree that Lovevery will not be liable to you or to any third party for any cancellation, discontinuance, modification, or replacement of a Parent Course.

Taxes. We have the right to charge you for any taxes or duties that we believe we are required to pay or collect related to your purchase. For some shipping locations, applicable taxes and duties will be added to your order in addition to the Product price and, for other shipping locations, the Product price includes applicable taxes and custom duties. Any taxes and duties that will be added to the Purchase price will be shown during the ordering process before you submit your final order.

Payment. You authorize us (and any payment processor) to charge your payment method for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Website, which may include the following, among others:

− credit card (Visa/Mastercard/American Express/Maestro);

− Shop Pay;

− PayPal; and

− ApplePay

For credit card payments, we charge the Credit Card when your order is processed. The bank issuing the 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 to us in connection with this payment to provide better service to you should you wish to use our Service(s) again in the future and to protect us from fraud and other losses. For example, if you update your Credit Card or other billing information on file with us for any reason, including in connection with a purchase of our Products, we reserve the right to use your new Credit Card and/or other billing information to process future purchases of our Products, including for any ongoing Subscription that was ordered using a different Credit Card and/or billing information.

Completion of a payment transaction is contingent upon: (a) your 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 of Service; (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 or high reversal rates or present a relatively high risk of losses; or (v) if you fail to cooperate in an investigation or provide additional information when requested.

Orders and delivery. We have the right to refuse, cancel, or limit the quantities of any Product orders. We will not be liable if a Product is unavailable or if shipment is delayed. The terms for delivery stated by us are always target terms and do not apply as deadlines. Exceeding these terms does not oblige us to pay any compensation, but it gives you the right to terminate the agreement. We are entitled to deliver a similar Product of similar quality to the ordered Product, if the ordered Product is no longer available. If and insofar as required for the execution of order, we have the right to have certain activities performed by third parties, namely the delivery of orders.

Damaged or Incomplete Shipments. If you receive a damaged or incomplete shipment of Products (other than the Playshelf and the Parent Courses), please contact Lovevery customer support. Please include in your message: your name, order number, and description of the defect or incomplete shipment. Please keep all original packaging.

You are entitled to return Products (other than the Playshelf and Parent Courses) delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. Any notice of a damaged or incomplete shipment must be sent to us within a reasonable amount of time after you discover the problem but no later than 30 days of your receiving the Products, unless applicable law mandates a longer period. Please contact us Lovevery customer support before placing your order if you do not know the time period applicable to you for returning damaged or incomplete shipments. If we do not receive your complaint timely, all your rights and claims for whatever reason, with regard to what you have complained about or could have complained about within that period, will lapse. In this regard, each delivery can be regarded as a separate transaction; that is to say that complaints relating to a particular delivery do not affect previous or subsequent deliveries. If a complaint is well-founded, we are authorized, at our own discretion, to either adjust the invoice amount, to redeliver the Product concerned, or to refund part of the price already paid without further performance of the order. Repairs carried out by you to delivered Products, of whatever nature and for whatever reason, will not be reimbursed by us, unless we have agreed in writing in advance to carry out those repairs. For additional information on the Playshelf, see the section below entitled “Playshelf Limited Warranty,” and for additional information on the Parent Courses, see the section below entitled “Parent Courses Refund Policy”.

Lost and Broken Parts. If any individual part or component of a Product purchased through our Website, other than the Playshelf and Parent Courses and other items expressly excluded, is lost or broken other than through abuse or misuse, you may contact Lovevery customer support and, subject to your compliance with these Terms of Service, we will use our reasonable best efforts to replace the lost or broken part. Our ability to replace lost and broken parts is, however, subject to, among other considerations: (a) the availability of replacement parts for the specified Product (e.g., we may be unable to provide replacement parts for discontinued Products); (b) the economic feasibility of replacing the lost or broken part in light of a variety of factors, including the anticipated total number of lost or broken parts for the specified Product; (c) evidence of Product damage, abuse, or misuse beyond ordinary wear and tear (e.g., the existence of multiple lost or broken parts in a single Product or multiple claims from a single customer); (d) any regulatory, compliance, safety, and legal concerns we may have; and (e) our reasonable discretion in light of the applicable circumstances. Lost and broken parts will only be replaced for customers located in the United States or Canada. For additional information on the Playshelf, see the section below entitled “Playshelf Limited Warranty,” and for additional information on the Parent Courses, see the section below entitled “Parent Courses Refund Policy.”

Returns. If for any reason you are not satisfied with your Product purchased through our Website, other than the Playshelf and Parent Courses, you have the right to withdraw the purchase of the Product during a 30-day reflection period (the “Reflection Period”), provided that you must subsequently return or hand over the Product to us (at the address provided below) within 30 days from the date on which you inform us that you are exercising your right of withdrawal (collectively, the “Right of Withdrawal/Return”). You have the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal/Return. In order to comply with the Reflection Period, it is sufficient that you send the notification about the exercise of your Right of Withdrawal/Return before the end of the Reflection Period. We may ask you about the reason for the withdrawal/return, but you are not obligated to state the reason(s). The Reflection Period starts on the day after you, or a third party designated in advance by you, who is not the carrier, have received the Product, or:

− if you have ordered several Products in the same order: the day on which you, or a third party designated by you, received the last Product. We may, provided that we have clearly informed you about this prior to the ordering process, refuse an order for several Products with different delivery times;

− if the delivery of a Product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part; and

− in the case of a Subscription: the day on which you, or a third party designated by you, received the first Product.

During the Reflection Period, you must handle the Product and its packaging with care. You will only unpack or use the Product to the extent necessary to determine the nature, characteristics and operation of the Product. You may only handle and inspect the Product as you would be allowed to do in a store. If you do not handle the Product accordingly, you are liable for any depreciation of the Product.

If you use your Right of Withdrawal/Return, you must return or hand over the Product(s) as soon as reasonably practicable and in any case no greater than 30 days from the date on which you informed us that you are exercising your Right of Withdrawal/Return with respect to the Product. You must return the Product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions by us. Return shipping is free of charge for customers located in the United States or Canada.

If you withdraw/return a Product in accordance with the foregoing requirements, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day the delivery is received at our warehouse. For this refund, we will use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you. To exercise your Right of Withdrawal/Return or if you have any questions, please contact Lovevery customer support. Please include in your message: your name, order number, and, optionally, the reason for the return. Please keep all original packaging. As described below, we provide a limited warranty on the Playshelf but do not accept returns of this product.

Closeout Items Refund Policy. Unless otherwise indicated, no returns, refunds, or exchanges are available on closeout, clearance, or reduced price items.

Playshelf Limited Warranty. For 24 months from the date of purchase, we will send the original recipient of the Playshelf free-of-charge replacements of (i) any missing Playshelf parts or (ii) any Playshelf parts that break or fail for any reason other than misuse, abuse, alteration, misassembly, or improper storage. The recipient of any replacement parts will be solely responsible for replacing the missing, broken, or failed parts in accordance with the Playshelf assembly instruction manual. The recipient will also be solely responsible for safely disposing of any replaced parts, and Lovevery encourages the use of local recycling facilities for this purpose. However, Lovevery reserves the right to request the return of any broken or failed parts at its own expense, as part of its ongoing product evaluation and improvement process.

This warranty is non-transferable from the original recipient of the Playshelf. It does not cover ordinary wear and tear, damage caused by impacts or accidents, or cosmetic defects or variations. Where such an exclusion is permitted, this warranty does not cover consequential or incidental damages. Outdoor use of the Playshelf voids this warranty. Because the Playshelf is made out of wood, Lovevery cannot guarantee that replacement parts will match the color or grain of the other components of the shelf. We do not accept returns of the Playshelf.

Parent Courses Refund Policy. If for any reason you are not satisfied with a Parent Course, you have purchased through the Website, you have the right to request a refund for a period of 30 days following purchase. We may ask you about the reason for your refund request, and we retain the right to reject any refund (1) if you have violated these Terms of Service or (2) if the request appears to be fraudulent or otherwise not made in good faith, where such determination will be made in Lovevery’s sole discretion.

Gift Certificates/Card. You may purchase Lovevery e-gift cards for anyone 18 and older through the Services (“Lovevery E-Gift Cards”). Lovevery E-Gift Cards can be redeemed solely through our Services for Products. Lovevery E-Gift Cards cannot be redeemed for cash, reloaded, resold, or transferred for value, except where required by law, or be used to buy other Lovevery E-Gift Cards. Lovevery E-Gift Cards require no maintenance, activation, or other fees. Lovevery E-Gift Cards do not expire. Risk of loss and title for Lovevery E-Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible for lost or stolen Lovevery E-Gift Cards, or for use without your or the recipient’s permission. Lovevery reserves the right to close accounts and request alternative forms of payment if a Lovevery E-Gift Card is fraudulently obtained or used or otherwise abused or misused, as we determine in our sole discretion. You may obtain information about Lovevery E-Gift Cards, including the balance, by contacting Lovevery customer support.

Personal Use Only. Products are for your personal use only. You agree not to purchase bulk, wholesale, or commercial quantities of our Products or sell, resell, lease, rent, or use for or in any shared-use club, membership, or other arrangement, directly or indirectly, any Products you purchase or otherwise receive from us or another third party in connection with a Subscription or other purchase from or through the Website. 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 of Service, as we determine in our sole discretion.

International Sales. We currently market and sell our Products only within the United States and Canada and, through our affiliates, in the European Union, the United Kingdom, Switzerland, and Australia. We have the right to refuse, cancel, or limit the quantities of any Product orders made by customers who live outside of these areas. In addition, if you obtain Products through a freight forwarding company or similar service, we may be unable to assist you with customer requests that may arise in the future (e.g., returns, broken or missing items, replacements, and reshipments).

Referral Program. We encourage our customers to refer Lovevery Products to their friends and family members living outside of their own households, and from time to time we may offer referral bonuses for introducing us to new customers.

When applicable, referral bonuses apply to the referral of new customers only (i.e., customers who have not previously purchased a Lovevery Product or other Service), and customers may not refer themselves or members of their own households. Sharing referral codes on social media sites or any other public forum and using any referral program in connection with bulk purchases and/or freight forwarding are strictly prohibited.

We reserve the right to modify or cancel any referral program or bonus at any time. We also reserve the right to cancel referral credit, cancel Product delivery, or disable or revoke a customer’s referral account (including disabling current rewards) in instances where we detect or suspect fraud or determine that a customer’s conduct is inconsistent with the terms of the referral program or these Terms of Service. Referral bonuses have no cash value, and no refunds are available for items purchased using such bonuses. Additional terms and conditions may apply to a specific referral program.

GIVEAWAY PROGRAM

From time to time, we offer our customers and non-customers alike the opportunity to enter Lovevery-sponsored or affiliated contests, sweepstakes, giveaway programs, or other promotions (each, a “giveaway program”), pursuant to which they can win free or discounted Lovevery Products and/or products of third-party participating brands. The rules, terms, and conditions applicable to a particular giveaway program are provided to, and must be agreed to by, participants prior to their entry into the program. Among other things, by entering into a giveaway program, you agree that certain personal data may be collected, processed, stored, or otherwise used by Lovevery, the participating brands, and their affiliates, including for promotional, marketing, and advertising activities. For additional information about how we, the participating brands, and their affiliates, may use your personal information, please see our Privacy Statement and the privacy policies of each of the participating brands and their affiliates.

FEEDBACK

In the event that you provide us with any ideas, thoughts, criticisms, reviews, suggested improvements, or other feedback related to Products or the Services (collectively “Feedback”), you hereby assign such Feedback to us without compensation or expectation of compensation and agree that we may use such Feedback for commercial or non-commercial purposes at our discretion. For any Feedback that cannot be legally assigned to us, you hereby (a) grant us an exclusive, unrestricted, worldwide, perpetual, and royalty-free license to use the Feedback to (i) improve our Services or any Products and (ii) promote the Services and Products, and (b) agree that you will not be due any compensation for your Feedback that is used in these ways.

WEBSITE, MOBILE APP, AND SERVICES CONTENT

Users have a personal, non-transferable, non-exclusive right to access and use the content of the Website and Mobile App and available through the Services (the “Content”) subject to these Terms of Service. The term “Content” includes all information, text, images, data, links, software, trademarks, videos, trade names, audio, designs, look and feel of the Website, and other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

We reserve the right to make changes to document names and content, descriptions or specifications of Products or Services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on the Website, Mobile App, or through the Services, subject to the following conditions:

a) The Content may be used solely for personal, non-commercial, and informational purposes. Except for these limited purposes, no part of the Website or the Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

b) The Content may not be modified.

c) Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the Website or Mobile App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website, Mobile App, or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

Any pictures and drawings remain our property at all times and must be returned to us without delay upon request, failing which the holder will owe the value to be determined by the owner. This provision also applies if we have expressly stated in writing that we wish a return.

We may alter, suspend, or discontinue the Website, Mobile App, or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

RESPONSIBLE USE AND CONDUCT

By visiting our Website or Mobile App, you agree to use all Content only for the purposes intended and as permitted by these Terms of Service and applicable laws, regulations, and accepted online practices.

By visiting our Website or Mobile App, you are responsible for the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You agree all information you provide for your Account is accurate and up-to-date. You agree to access our resources only in the means we provide and will not attempt to copy, duplicate, distribute, reproduce, display, sell, trade, or resell any of our information, resources, content, or tools.

With respect to the Website, Mobile App, and related software, source code, platforms, servers, and interfaces, whether owned by us or third parties, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, alter, revise, translate, create derivative works, or make any unauthorized attempt to access or use; (b) sell, assign, sublicense, transfer, distribute, lease, rent, or grant a security interest; (c) reproduce, duplicate, copy, sell, resell, or exploit for commercial purposes; or (d) access or use in a manner prohibited by applicable laws, directives, or regulations, or by these Terms of Service.

Failure to comply with these Terms of Service holds you solely responsible for consequences, losses, or damages Lovevery directly or indirectly incurs, and you may incur criminal or civil liability.

SUBSCRIPTION CANCELLATIONS

We work hard to provide the best experience possible and the best products for every age; however, you may cancel your automatic Subscription renewal through the Account page on the Website. You must update your Account on the Website at least 3 business days prior to your next shipment.

YOUR SUBSCRIPTION WILL CONTINUE AUTOMATICALLY UNTIL YOU CANCEL OR UNTIL LOVEVERY NO LONGER OFFERS PRODUCTS FOR YOUR CHILD’S AGE. THE LOVEVERY SUBSCRIPTION PRODUCT LINE MAY EXPAND TO INCLUDE OLDER AGES OVER TIME. IN ADDITION, IF YOU INITIALLY PAID FOR YOUR SUBSCRIPTION UP-FRONT, UPON THE CONCLUSION OF THE UP-FRONT PAID SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL BE AUTO-RENEWED ON A PAY-AS-YOU-GO BASIS (I.E., YOU WILL BE CHARGED AT THE TIME EACH PLAY KIT SHIPS) UNLESS YOU TIMELY CANCEL OR ELECT TO PAY UP-FRONT AGAIN.

IF YOU DO NOT CANCEL YOUR SUBSCRIPTION AT LEAST 3 BUSINESS DAYS PRIOR TO YOUR NEXT SHIPMENT, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE NEXT APPLICABLE PERIOD.

You may cancel your Subscription at any time by updating your Account settings or by contacting Lovevery customer support with a request to cancel your Subscription.

You will continue to be renewed at the same effective annual rate, charged ratably upon shipment of goods and subject to price increases of up to 10% each year at our sole discretion. You will receive notice in writing of such changes at a reasonable time before such changes to your Subscription occur.

We may terminate your Subscription, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.

For additional terms and conditions that apply to our Subscriptions, please refer to the Frequently Asked Questions page on the Website.

PROHIBITED CONDUCT

You agree to abide by all applicable laws and not to: (a) upload, transmit, post, email, or otherwise make available to the Website any material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another’s privacy, or libelous; (ii) infringes any third party’s intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Website, Mobile App, or any computer software or hardware or equipment associated with the Website or Mobile App; (b) alter, remove, obscure or falsify any attributions, trademark, copyright or other proprietary designations of origin or source of the Website, Mobile App, or Content; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the Website, Mobile App, Services, or Content in a way not intended by us or for any unlawful purpose, or another person’s account or information on or through the Website or Mobile App; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Website, Mobile App, Services, or any Content; (f) take any action that imposes an unreasonable or disproportionately large load on the Website or Mobile App; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors, or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance, or regulation, or that violates these Terms of Service; (i) attempt to tamper with, alter, disable, hinder, bypass, override, or circumvent any Website or Mobile App security, reliability, or integrity features, restrictions, or requirements; (j) interfere with or disrupt the integrity or performance of the Website, the Mobile App, or the data contained therein; or (k) access the Website, Mobile App, Services, or Content in order to build a competitive product or service, copy any features, functions, or graphics of the Website, Mobile App, Services, or Content or monitor the availability and/or functionality of the Website, Mobile App, Services, or Content for any benchmarking or competitive purposes.

FORCE MAJEURE

We are not responsible for non-performance of any obligation if we are prevented from complying due to force majeure causes beyond our reasonable control. Force majeure means, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or unforeseen, on which we cannot exert influence but as a result of which we are unable to fulfill our obligations. This includes, without limitation, strikes in our company and at our contractors, as well as pandemics and resulting conditions. In case of force majeure, you cannot claim any compensation or breach. If a case of force majeure results in the agreed date or term being exceeded, we have the right to terminate the relevant agreement by means of a written statement. This dissolution does not extend to Products that have already been delivered; these must be paid for, insofar as payment has not already been made.

INDEMNIFICATION

By using the Website, Mobile App, our Services, or supplied Products, you agree to indemnify, hold harmless, and defend Lovevery and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, and representatives (and their respective successors and assigns) from any claims, damages, losses, and liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with: (a) use or attempted use of the Website, Mobile App, Services, Products, and/or Content by you or any other person accessing the Website or Mobile App using your Account; (b) your violation of any terms of these Terms of Service or applicable law; and (c) your violation of any third party right, including but not limited to, any copyright, property, or privacy right.

ACCURACY OF USER INFORMATION

If you choose to provide information to register for or participate in a service, event, or promotion on this Website, Mobile App, or to use our Services, you agree that you will provide accurate, complete, and up-to-date information as requested on the screens that collect information from you.

MINORS

The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18, but over the age of 13, may use the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all obligations that arise from these Terms of Service.

Although we will not collect information from any individual under the age of 13, Account Information may contain personally identifiable information—including the first name, last name, address, and birthday—of minors (“Child Personal Information”). Maintaining the confidentiality of your Account Information generally, and Child Personal Information specifically, is a responsibility we take seriously—we will not use or disclose Child Personal Information or your Account Information except as necessary to provide the Services or as otherwise authorized by you, and only in accordance with our Privacy Statement. Such necessary uses and disclosures may include, without limitation, providing Child Personal Information to our service providers and contractors.

DISCLAIMER OF WARRANTY

You are solely responsible for determining if the books that are delivered with our Subscriptions are suitable for your children. We do not take responsibility for the content in books or whether the books we choose conform to values suitable to every parent who subscribes to our service. Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. You agree that your sole and exclusive remedy arising from or relating in any way to any Product shall be its replacement or a credit towards another monthly shipment, at our sole discretion.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE, MOBILE APP, SERVICES, PRODUCTS, AND CONTENT ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, LOVEVERY DOES NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THE WEBSITE AND MOBILE APP IS FREE OF ERRORS; (B) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (C) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THE WEBSITE AND MOBILE APP WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (D) DEFECTS WILL BE CORRECTED; OR (E) THE WEBSITE, MOBILE APP, OR THE SERVER(S) THAT MAKES THE WEBSITE AND MOBILE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OR INABILITY TO USE THE WEBSITE, MOBILE APP, PRODUCTS, SERVICES, OR CONTENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOST OR STOLEN DATA, LOST OPPORTUNITIES, DAMAGED DEVICES, OR OTHER INTANGIBLES, EVEN IF WE OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS THE WEBSITE, MOBILE APP, OR SERVICES, IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NO MEDICAL OR OTHER PROFESSIONAL ADVICE

THE WEBSITE, MOBILE APP, PARENT COURSES, SERVICES, AND CONTENT ARE FOR YOUR INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT USE ONLY. NOTHING CONTAINED IN THE APPLICATION OR YOUR CONTENT IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL, OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, AND YOU AGREE NOT TO USE THE WEBSITE, MOBILE APP, PARENT COURSES, SERVICES, OR CONTENT FOR SUCH PURPOSES. THERE IS NO DOCTOR-PATIENT, THERAPIST-CLIENT, OR OTHER SUCH PROFESSIONAL RELATIONSHIP CREATED BY THE WEBSITE OR MOBILE APP OR YOUR USE THEREOF. IF YOU HAVE ANY CONCERNS ABOUT YOUR PERSONAL HEALTH OR THE HEALTH OF YOUR CHILDREN, WARDS, OR OTHER FAMILY MEMBERS, YOU SHOULD SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by Lovevery of that third party or of any product or service provided by a third party. Likewise, a link to any third-party website (“Linked Site”) does not imply that we endorse or accept any responsibility for the content or use of such Linked Site. Your use of a Linked Site is subject to the privacy policies and terms of use of such Linked Site and you should read and understand them before using any Linked Site. You access and use a Linked Site at your own risk. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

JURISDICTIONAL ISSUES

We make no representation that the Services and Products provided by Lovevery, Inc. are available in, appropriate for, or comply with laws outside the United States and Canada. If you access the Website or Mobile App outside these jurisdictions, you do so at your own risk and are responsible for complying with your local laws and regulations; provided, however, that you agree that your access to the Website or Mobile App does not subject us to any laws, regulations or jurisdictions of any area.

TERMINATION

We may terminate any user’s Subscription or access to our Website, Mobile App, or Services for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website, Mobile App, or Services.

DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER

If you have concern or complaint of any kind, contact Lovevery customer support, and our Customer Experience team will work to assist you. If our Customer Experience team is unable to resolve your issue, you agree to work diligently and in good faith with Lovevery to reach a resolution that is fair and equitable to both sides using the informal settlement process described below. On occasion, despite our respective best efforts, a third party may be necessary to help resolve problems that may arise between you and Lovevery. You and Lovevery agree to submit disputes exclusively to binding individual arbitration, and you agree that you will not sue in court before a judge or jury, except in the limited circumstances described below.

This section (which we’ll also refer to as the “Arbitration Agreement”) applies to the fullest extent allowable by law.

Please read this Section carefully, as it affects your rights.

Disputes that We’ll Arbitrate. You and Lovevery agree to mandatory individual arbitration for each claim against Lovevery asserted by an individual alleging actual/economic damages exceeding $5,000 and arising from or relating to the Services, these and prior versions of these Terms of Service, any Products, data, or content bought, sold, offered, accessed, displayed, or transmitted through the Services, and actions or statements Lovevery, in each case including disputes that arose before the effective date of these Terms of Service (each, a “Major Dispute”). This means that you and Lovevery are each waiving your right to a jury trial for a Major Dispute.

Notwithstanding the foregoing, any claim asserted by an individual against Lovevery alleging actual/economic damages less than or equal to $5,000 and arising from or relating to the Services, these and prior versions of these Terms of Service, any Products, data, or content bought, sold, offered, accessed, displayed, or transmitted through the Services, and actions or statements Lovevery, in each case including disputes that arose before the effective date of these Terms of Service (a “Minor Dispute” and together with a Major Dispute, a “Dispute”) shall be resolved in (1) state or federal courts located in Ada County, Idaho, United States, and you expressly consent to exclusive jurisdiction and venue of such courts and waive any arguments regarding forum non conveniens or lack of personal jurisdiction, unless mandatory provisions of law prescribe otherwise, or (2) in the small claims court located in the county of your US or Canada shipping address. You and Lovevery each agree to waive your right to a jury trial for a Minor Dispute.

Class and Representative Action Waiver. You agree that you may only bring claims against Lovevery an individual basis, and not on a class, representative, or collective basis (and you waive any right you have to bring such claims). You may only seek or obtain individualized relief, and, except as described below under the subheading “Batch Arbitration”, Disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this Arbitration Agreement is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).

Informal Dispute Resolution. If our Customer Experience team is unable to resolve your issue, and before you file a lawsuit or arbitration, you and Lovevery will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to disputeresolution@lovevery.com that includes (1) your name, phone number, and email address associated with your account, and (2) a description of the Dispute and how you’d like it resolved (including any amount of money being claimed and how that amount was calculated). Once a complete Notice of Dispute has been received, Lovevery has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and Lovevery must cooperate to schedule that meeting by phone or videoconference. You and Lovevery each will personally participate and may bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). You and Lovevery may agree to extend the Informal Resolution beyond 60 days, and, if so, any applicable statutes of limitation will be suspended for that additional period as well. A lawsuit or arbitration cannot be filed until the Informal Resolution Period has ended.

Arbitration Rules and Procedures. To initiate arbitration, you must file an arbitration demand with the American Arbitration Association (“AAA”) that includes a description of the Major Dispute. You may serve Lovevery with any arbitration demand by certified mail to: Lovevery, Inc. c/o Capitol Services, 108 Lake Land Avenue, Dover, DE 19901. If the AAA cannot or will not administer the arbitration in accordance with this Arbitration Agreement, Lovevery will select another provider.

The arbitration will be conducted in the English language by a single neutral arbitrator with experience in the subject matter of the claim. If an in-person hearing is required, it will be held in Ada County, Idaho, United States, or as determined by the arbitrator in the case of Batch Arbitration.

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Arbitration Agreement, and either party’s compliance with the Informal Dispute Resolution process described above. Except as provided under the subheading “Batch Arbitration”, the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and Lovevery. Judgment on the award may be entered in any court with jurisdiction.

Arbitration Fees. You and Lovevery will each bear their own costs and attorneys’ fees in the event of a Dispute; provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such Dispute.

Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of 100 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 100 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of arbitration fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If the terms of this subheading are deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

Opt out. You have a limited right to opt out of the provisions of this Arbitration Agreement (excluding the terms of the subheading “Governing Law and Jurisdiction”) by sending written notice of your decision to opt out to: arbitrationoptout@lovevery.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Governing Law and Jurisdiction. These Terms of Service are exclusively governed by and construed in accordance with the laws of the State of Delaware of the United States and the laws of the United States, without giving effect to any choice or conflict of law provision that would cause the application of the laws of any jurisdiction other than the State of Delaware or the laws of the United States. If there are claims between you and Lovevery that aren’t subject to arbitration, you and Lovevery each agree to litigate those claims exclusively in state or federal court in Ada County, Idaho, and you expressly consent to exclusive jurisdiction and venue of such courts and waive any arguments regarding forum non conveniens or lack of personal jurisdiction, unless mandatory provisions of law prescribe otherwise. The exception is if you file in small claims court; you can do that in the county of your US or Canada shipping address.

INTELLECTUAL PROPERTY, COPYRIGHTS, AND TRADEMARKS

You agree and acknowledge that, as between you and Lovevery, Lovevery owns and retains all right, title, and interest in and to: (a) the Website, Mobile App, and Content and all improvements, enhancements and modifications thereto; (b) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Services, Mobile App, or the Website submitted by you; (c) all Products; and (d) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, “Lovevery Intellectual Property”). To the extent you have or later acquire any right, title, or interest in any Lovevery Intellectual Property, you hereby irrevocably transfer and assign all such right, title, and interest in such Lovevery Intellectual Property to us.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

MISCELLANEOUS

You agree that we may send to you in electronic form any notices or other communications regarding the Website and such electronic form will satisfy any legal requirements with respect to communications or notice.

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms of Service shall not prevent our subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service and any other applicable agreement between us and you shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

You may not assign these Terms of Service or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms of Service (including, for the avoidance of doubt, any Account Information we have) without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms of Service shall be binding on all permitted assignees.

The Feedback, Indemnification, Disclaimer of Warranty, Limitation of Liability, Dispute Resolution, Binding Arbitration, and Class Action Waiver sections, and other sections that should survive in order to enforce the intent of these Terms of Service shall survive the expiration or termination of these Terms of Service.

If you have questions in regard to these Terms of Service or any other questions please contact us at:

Lovevery, Inc.
918 W. Idaho Street, Suite 300
Boise, Idaho 83702
United States of America
heretohelp@lovevery.com
or
Lovevery customer support