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Terms and Conditions
Accepting These Terms. This document and the other documents that we reference below make up our Terms and Conditions, (the “Terms” for short). The Terms are a legally binding contract between you and Absolute Exhibits, Inc., and all of its subsidiaries collectively as “AEI.”Please note that Section 8. Disputes with AEI, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.This contract sets out your rights and responsibilities when you use loveshopgive.com, our mobile apps, and the online store, so please read it carefully. By using the online store (even just browsing through the store), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not purchase products through our online store.
Your Account with AEI. You may want to create an account with AEI to purchase products from our online store. Here are a few rules about accounts with AEI:
You must be 18 years or older to use our online store.
Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then all persons sharing the account shall be jointly responsible for all activity.
Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and AEI.
The Terms will remain in effect even after your access to the site is terminated, or your use of the site ends.
Warranties and Limitation of Liability.
AEI IS DEDICATED TO SELLING FACE COVERINGS THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT ALL SALES OF FACE COVERING ARE SOLD ON AN “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AEI, NOR IT’S EMPLOYEES, OFFICEERS, OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY INJURIES, ILLNESSES, HARM, LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF FACE COVERINGS OR THESE TERMS. IN NO EVENT SHALL AEI’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF THE AMOUNT YOU PAID AEI FOR THE ITEMS PURCHASED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL.
We hope this never happens, but if AEI gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend AEI (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our products and services, your breach of the Terms.We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with AEI. If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving AEI.
Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America.
You and AEI agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.Any arbitration or mediation under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and AEI are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. For mediation the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
We’re based in California, so any legal action against AEI must be filed and take place in Los Angeles County, California. For all actions under the AAA Rules, the proceedings shall be filled in Los Angeles County, California, and any in-person hearings will be conducted in Los Angeles County. For any actions not subject to arbitration or mediation, you and AEI agree to submit to the personal jurisdiction of a state court located in Los Angeles, California, and agree to submit to the personal jurisdiction of the courts of Los Angeles, California.
If we make any changes to this “Disputes with AEI” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against AEI prior to the date the changes became effective. AEI will notify you of substantive changes to the “Disputes with AEI” section at least 30 days prior to the date the change will become effective.
Changes to the Terms. We may update these Terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the site following the changes constitutes your acceptance of the updated Terms
Some Finer Legal Points. The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and AEI regarding the sale of products online. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.