Terms of Service
By accessing or using the Website, you are agreeing to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
Automatic Renewal Terms
If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. If you sign up for an automatic renewal program on the Website in connection with your purchase, the payment card you provide will be charged the amount stated on the web page corresponding to the product you purchase, and your payment card will automatically be charged the same monthly amount every thirty (30) days thereafter.
IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE UNDER CUSTOMER SERVICE. You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid. Changes to such information can be made by calling customer service at the telephone numbers listed on the Website or by emailing firstname.lastname@example.org.
Return/Refund Policy. You may return items in accordance with the Return Policy instructions that accompany your product shipments or, if you are uncertain about your right to return the product, you may also email Customer Service at email@example.com for assistance. LuvBelly will refund your payment when your product is timely returned (with an authorized RMA number) or cancelled, and within seven (7) business days of our receipt of the returned product if purchased using third-party credit, such as a Visa or MasterCard.
Subject to the limitations set forth herein, you may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners, including, without limitation, through Yotpo) the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant LuvBelly a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. LuvBelly and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. LuvBelly is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. LuvBelly has the right, but not the obligation, to monitor and edit or remove any activity or content. LuvBelly takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(d) not to use, frame, or utilize framing techniques to enclose any LuvBelly trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without LuvBelly’ express written consent;
(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
(f) not to use meta tags or any other “hidden text” utilizing an LuvBelly name, trademark, or product name without LuvBellys’ express written consent;
(g) not to deeplink to the Website without LuvBellys’ express written consent;
(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
(i) not use the Website to collect or store personal data about others;
(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
(l) to be bound by the product submission policies of LuvBelly, including that any product submission you may make to LuvBelly will not be held in confidence by LuvBelly and is not proprietary, that LuvBelly may use the product submission and any aspect thereof for any purposes in LuvBellys’ sole discretion; and
(m) to comply with all applicable laws regarding your use of the Website.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of LuvBellys’ or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Health Disclaimer Regarding Information Provided on the Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. WE SUGGEST CONSULTING WITH A PHYSICIAN BEFORE USING ANY LUVBELLY PRODUCTS.
Disclaimer of Warranties With Respect to Use of the Website
EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUVBELLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LUVBELLY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECTS. LUVBELLY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUVBELLY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Links to Other Websites That LuvBelly Does Not Control
Purchasing Items from Us
Product Representations. LuvBelly reserves the right to discontinue or change specifications, and prospectively change prices on products, in each case without incurring any obligation to you. LuvBelly takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that LuvBelly does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service. LuvBelly descriptions of, or references to, products not owned by LuvBelly do not imply endorsement of that product, or constitute a warranty by LuvBelly.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by LuvBelly prior to LuvBelly acceptance of the order. LuvBelly may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
LuvBelly only accepts orders for personal use. You cannot resell items offered on the Website. If LuvBelly discovers that you are placing orders with the intent to resell items offered on the Website, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, LuvBelly will also report you to federal, state and/or local enforcements authorities.
Shipping and Risk of Loss. LuvBelly will add applicable shipping and handling fees to your order. Unless otherwise noted, LuvBelly will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although LuvBelly may provide delivery or shipment timeframes or dates, you understand that those are LuvBelly good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, LuvBelly will use reasonable good faith efforts to contact you. If LuvBelly cannot contact you or you no longer wish to receive the item, LuvBelly will cancel the order and promptly refund the amount tendered. LuvBelly may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, LuvBelly is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. LuvBelly is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. LuvBelly shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to LuvBelly, or for any other reason that we, in our sole discretion, deem appropriate.
International Orders. LuvBelly may not directly sell certain LuvBelly products in any jurisdiction other than the United States of America and Canada, as these products may not be approved for sale in other jurisdictions. While LuvBelly may choose to accept orders for the purchase of its products from non-U.S. residents, the acceptance of such orders and the sale of such products will be subject to the following conditions:
- (a) You agree that the purchase of any LuvBelly products by you, as a non-U.S. resident, shall be (i) ex works LuvBelly’ facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner;
- (b) You agree not to order more than a ninety (90) day supply of any consumable products within any ninety (90) day period;
- (c) You hereby expressly authorize and direct LuvBelly to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
- (d) You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from LuvBelly’ facilities in the United States to your foreign shipping address.
For Canadian Orders only: By ordering goods from LuvBelly, you hereby authorize a licensed Canadian customs broker chosen by LuvBelly to act as your agent, and to transact business with Canada Border Services Agency (CBSA) to clear your merchandise, account for applicable duties and taxes, to return merchandise to LuvBelly and prepare and submit refund claims on your behalf for any merchandise that you return. You understand that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that you will obtain the refund directly from LuvBelly. You also authorize the customs broker to endorse any refund check issued by CBSA in your name so that LuvBelly can be reimbursed.
Electronic Communications, Signatures and Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with LuvBelly through the Website or via other forms of electronic media, such as e-mail, you are communicating with LuvBelly electronically. You agree that LuvBelly may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that LuvBelly provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by LuvBelly or you).
You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by LuvBelly, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY LuvBelly. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Communications with LuvBelly
To the extent permissible by applicable law, you acknowledge that telephone calls to or from LuvBelly are monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to LuvBelly, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to LuvBelly. You acknowledge that by voluntarily providing your telephone numbers to LuvBelly, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of LuvBelly relating to this Agreement, any purchase or transaction with LuvBelly, matters related to your account (including debt collection), and promotions regarding LuvBelly products. These communications may be made by or on behalf of LuvBelly, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that LuvBelly will not be responsible for these charges.
LuvBelly may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide LuvBelly notice within 30 days of any change to your contact information by writing to 6099 Iris Way, Arvada CO 80004; Attention: LuvBelly Customer Service or emailing firstname.lastname@example.org. Your consent to this communications provision is not required to make any purchase with LuvBelly.
Limitation on LuvBelly Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, SUCH AS NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL LuvBelly, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
BECAUSE SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU
Except where otherwise inapplicable or prohibited by law, including in the state of New Jersey, you agree to indemnify and hold harmless LuvBelly, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys fees and costs of litigation resulting from or in any way connected with your breach of this Agreement.
Termination of Website
LuvBelly may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, if LuvBelly reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and LuvBelly may, in our discretion, cancel any outstanding orders for the product.
Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THIS WEBSITE, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST LUVBELLY, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and LuvBelly both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. LuvBelly will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against LuvBelly, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to LuvBelly, LLC 6099 Iris Way Arvada CO 80004 Titled: Commencement of Arbitration. Except where otherwise prohibited by law (including, without limitation, the State of New Jersey), You and LuvBelly agree to commence any arbitration proceeding within 1 year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and LuvBelly agree.
Applicable Law. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws thereof
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim.
Arbitration Fees. LuvBelly shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if LuvBelly is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to LuvBelly.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with LuvBelly, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous. This provision is the entire arbitration agreement between you and LuvBelly and shall not be modified except in writing by LuvBelly.
Amendments. LuvBelly reserves the right to amend this arbitration provision at any time. Your continued use of any LuvBelly Website, purchase of an LuvBelly product, or use or attempted use of an LuvBelly product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, LuvBelly will provide you notice. Your continued use of any LuvBelly Website, purchase of an LuvBelly product, or use or attempted use of an LuvBelly product, after receiving such notice is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN LUVBELLY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO LUVBELLY LLC., 6099 IRIS WAY ARVADA CO 80004; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY LuvBelly PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF LUVBELLY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Exclusive Venue for Other Controversies
Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in New York City, New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Remedies for LuvBelly
Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to LuvBelly, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting LuvBelly from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
LuvBelly is a trademark being registered of LuvBelly, LLC. All other trademarks and service marks displayed on the Website are the property of LuvBelly or their respective owners. You may not use or display any trademarks, signs or symbols or service marks produced by LuvBelly without LuvBelly prior written consent. You may not use or display any other trademarks or service marks displayed on the Website without the permission of their owners.
It is LuvBelly’ policy to respect the copyright and intellectual property rights of others. LuvBelly may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, LuvBelly may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, LuvBelly complies with the Digital Millennium Copyright Act.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide LuvBelly Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Website. You should identify the material with information reasonably sufficient to allow LuvBelly to locate the material.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
LuvBelly Refer-a-Friend Program Terms & Conditions
As an LuvBelly Refer a Friend member (a “Referrer”), you are subject to LuvBelly Terms & Conditions and LuvBelly Private Policy (both available on our website), as well as the following additional Terms & Conditions for LuvBelly Refer a Friend program:
Referrer. Anyone can refer a friend (a “Referred Customer”), regardless of if you are a new or existing LuvBelly customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address), as determined by LuvBelly sole discretion. Referrers can refer as many customers as they like.
Qualified Referral. A Qualified Referral is defined as a purchase made at www.luvbelly.com by a person (a "Referred Customer") who arrives to our website by clicking your unique Refer a Friend program link.
- You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred customers must be a new customer with no prior purchases at luvbelly.com to be a Qualified Referral.
- Referred customers must be using the USA/CAN/AUS checkout system. LuvBelly Refer a Friend promotions & rewards are not applicable to users on other storefronts.
- Qualified Referrals are only accepted via the LuvBelly website. We will not accept referrals over phone, email, chat, or any other means of communication.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete their first purchase at www.luvbelly.com. Referred Customer must have no prior purchases at www.luvbelly.com (new customers only).
Eligibility. Eligibility is limited to individuals in the US only. LuvBelly Refer-a-Friend Program cannot be used by businesses or corporations or for affiliate lead generation.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from LuvBelly Refer a Friend program.
Right to Close Accounts. LuvBelly reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the LuvBelly Refer a Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. LuvBelly reserves the right to cancel the Refer a Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
Other Important Terms
You acknowledge and understand that if LuvBelly is unable to provide the products as a result of an event outside of its control, LuvBelly will not be in breach of any of its obligations to you under this Agreement.