Terms of service
TERMS OF SERVICE
Love, Nala Website
by
Love, Nala LLC
LAST UPDATED: September 6, 2019
THESE TERMS OF SERVICE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF SERVICE BEFORE USING LOVE, NALA LLC’S WEBSITE.
1. Overview
Love, Nala LLC (“Company”, “us”, “our”, or “we”) developed the lovenala.com (the “Site”) to provide you (“you”, “your”, “user(s)”, “customer(s)”) with an e-commerce website to browse and/or purchase various pet merchandise (the “Services”). These Terms of Service (the “Terms”) create a binding legal agreement between you and the Company. The Site and Services are provided to you at your sole risk and liability. Access and use of the Site or Services, including any uploading of information by you to the Site (the “Content”), is subject to your acceptance of and compliance with these Terms and our Privacy Policy (the “Privacy Policy”). By accessing, browsing and/or using our Site or Services, you indicate your acceptance of the Terms and Privacy Policy. If you do not accept the Terms and Privacy Policy, then do not use the Site.
Our Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our Services to you.
2. Modifications to Terms
We may update these Terms at any time, without notification to you. Any changes or amendments will become effective upon our posting of the revised Terms on this page. You can determine when the Terms were last revised by referring to the “Last Updated” reference expressly provided. It is your responsibility to review these Terms periodically for changes. Your continued use of our Site or Services after any changes or amendments to the Terms will signify your, and be conclusively deemed, acceptance of the Terms, as changed or amended.
3. Site Users
By using our Site or Services, you represent that:
- you are at least 18 years old;
- all information you provide to us is true, accurate, current and complete;
- you have the legal capacity to agree to these Terms; and
- you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
Each user can register an account to use the Services (an “Account”). We reserve the right to revoke the privileges of an Account to access or use the Site or Services, without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining an Account.
You agree not to request or allow any other person to create an Account on your behalf, for your use, or for your benefit. By granting other individuals access under your Account, you represent and warrant that you will be financially responsible for that individual’s actions, including any purchases made with the Account and you are fully responsible and liable for any action of any individual to whom you have provided any permissions and any other person who uses the Account. If any other person uses or accesses your Account, it may affect your ability to use the Site or Services.
Upon closure of an Account, the Company may close any or all related Accounts. Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files or other material you keep on the Site and any closure of your Account may involve deletion of any Content stored in your Account for which the Company will have no liability whatsoever. The Company, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
4. Usernames and Passwords
When you register for an Account, you will be asked to choose a username, password and provide various information (the “Log-in Information”). You are responsible for safeguarding and maintaining the confidentiality of your Log-in Information and restricting access to your computer or other Internet-enabled devices from any other person. You authorize the Company to assume that any person using the Site and/or Services with your username and password is you. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security.
5. Use of Site and Content
The Site and/or Services may provide users with the opportunity to submit, post, display, transmit, perform, publish, and/or distribute Content and materials on or through the Site and/or Services including, without limitation, data, text, files, information, usernames, images, graphics, photographs, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and/or other content or materials. Without limitation, users are solely responsible for ensuring the accuracy and legality of any Content posted by such user. Please exercise common courtesy and common sense when posting Content and interacting with other users of the Site or Services. You acknowledge, agree and understand that the Company does not, in any way, supervise, direct, control, or evaluate users or their Content. The Company makes no representations about and does not guarantee and you agree not to hold the Company responsible for: (a) the quality, safety, or legality of users; (b) user conduct, Content, statements or posts; or (c) any interaction between users of the Site or Services and third parties found through the Site, whether online or offline.
You agree to not use the Site and/or Services for commercial purposes or for any use not expressly permitted by these Terms, without prior written consent from the Company. You may use the Services if you represent a commercial entity that is utilizing the Site’s functionality to interact with certain Services on the Site.
You acknowledge and agree that you are authorized to view, print and use the Site and its Content in accordance with these Terms. Except as otherwise set out in these Terms, you acknowledge and agree that you will not directly or indirectly, sell, assign, distribute, provide access to, transmit, exploit, copy, publish, republish reproduce, repackage, retransmit, resell, recompile, decompile, disassemble, or otherwise disseminate, the Site or the Services, or any derivative works from same, or any portion thereof, in any medium or in any manner whatsoever without written consent from us. Under no circumstances will you use the Site or Services in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Site or Services. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Site or Services or any material retrieved from the Content to create products or perform services which compete or interfere with the Site or Services of the Company.
In using the Site, you agree not to do any of the following: (a) conduct or promote any illegal activities; (b) attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site, through hacking, password or data mining, or any other means to circumvent security procedure; (c) use any robot, spider or other automatic device, software program or manual process to create an Account, monitor, copy or interfere with any web pages or the content contained thereon on the Site; (d) use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site; (e) interfere with or disrupt the Site or servers or networks connected to the Site; (f) attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software that enables or underlies the Site; (g) use the Site to generate unsolicited email advertisements or spam; (h) impersonate another user; (i) use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site; (j) assist or encourage any third party in engaging in any activity prohibited by these Terms; or (k) take any action that would damage, harm, or diminish the Company’s reputation, goodwill, or public image.
You represent and warrant that you will comply with all laws, regulations or policies that apply to the Site or Services, including, without limitation, any and all import and export control regulations and laws.
6. Site Availability
The Site and Services may be available through certain mobile devices. You acknowledge and agree that we do not provide and are not responsible for ensuring the operability of your hardware, software, or any other equipment or technological needs required to access or use the Site or Services. You acknowledge and agree that we are not responsible for any charges related thereto including, without limitation, all data charges that you incur through use of the Site or Services.
We cannot guarantee that the Site will be available 100% of the time. Although we strive to provide the most reliable Site possible, interruptions and delays in accessing the Site are unavoidable and we disclaim any liability for damages resulting from such problems.
7. Pricing
We reserve the right to: (a) change the price of any product; or (b) modify or discontinue the Services or any product (or any part or content thereof) without notice, at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a product or the Services.
Pricing and availability of all products are subject to change at any time prior to a purchase being completed. All pricing as posted on the Site is exclusive of applicable national, local, or other taxes (“Taxes”) and shipping rates (“Shipping”). You acknowledge and agree to pay all applicable Taxes and Shipping which will be calculated during confirmation of an order and due immediately upon order.
You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
The Company may add or remove any payment methods at its sole discretion and without notice to you. Shopify uses the method selected in your Account, and may charge you through the payment methods available in your country, including any Taxes or other additional fees associated with the order. If your chosen payment method is deemed to be expired, invalid, or otherwise unable to be charged, you agree that if available, the Company may use a secondary payment method indicated in your Account. If all payment methods are deemed expired, invalid, or otherwise unable to be charged, then all the products in your cart may be removed without notice to you.
We reserve the right to refuse, modify or cancel your order at any time for reasons including but not limited to: (a) product or Services availability; (b) errors in the description or price of a product; (c) error in your order; or (d) any other reason, as determined by the Company. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address linked to your Account.
All sales are final, unless otherwise indicated in the Company’s Terms or our Return Policy.
8. Site Information
We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct information, materials and descriptions on the Site or provided as part of the Services and to suspend or deny access to the Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend such information.
9. Links to Third Party Websites
The Site may contain links to other linked sites (the “Linked Sites”) that are not owned or controlled by us and we are not responsible for the content of any Linked Sites. The presence on the Site of a link to any Linked Sites does not imply that we endorse or accept any responsibility for the content or use of such Linked Sites, and you hereby release us from all liability and/or damages that may arise from your use of such Linked Sites. We reserve the right to prohibit or refuse to accept any link to the Site at any time. You agree to remove any link you may have to the Site, upon our request.
You acknowledge that paid services, sponsored content, and commercial communications may appear on the Site, and may not always be identified as such. You acknowledge that our Services may include advertisements and that these advertisements may be necessary for the Company to provide access to the Site.
10. Disclaimer of all Representations, Warranties and Conditions
THE COMPANY DOES NOT ENDORSE, GUARANTEE, REPRESENT, OR WARRANT ANY CONDITIONS OR REPRESENTATIONS OR ASSUME ANY RESPONSIBILITY OF ANY KIND RELATING TO ANY COMMUNICATIONS BETWEEN USERS OR THAT USE OF OUR SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY OR AN ORGANIZER MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU.
THE INFORMATION AND MATERIALS PROVIDED ON THE SITE (AND THE SITE ITSELF) AND AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE CAPABILITY OF THE SITE, THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, WITHOUT DELAY OR FAILURE, OR THE ACCURACY OR THE COMPLETENESS OF THE DATA PROVIDED THEREON. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT THAT THE SITE IS FREE OF CONTAMINATING OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY APPLICATION THAT CAN BE REACHED FROM A LINK ON THE PORTAL OR FEATRUED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
The products and Services are offered and controlled by the Company from its facilities in Canada. The Company makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Limitation of Liability and Indemnification
THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PORTAL OR ANY INFORMATION CONTAINED THEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE, THE SITE OR SERVICES). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU WILL INDEMNIFY AND HOLD THE COMPANY AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINTS ANY AND ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SITE, YOUR USE OF THE SITE OR SERVICES, ANY VIOLATION BY YOU OF THESE TERMS OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
THE COMPANY’S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF: (A) $50.00 USD; AND (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING A CLAIM. TO THE EXTENT ANY STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH STATE OR JURISDICTION WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You expressly acknowledge that the Company is providing the Site and/or Services to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that same form an essential basis of the Terms. You expressly agree that the limitations and exclusions of liability and disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by the Company of your use of, access to, the Site or termination of the Terms.
12. Termination
We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Site or Services or portions thereof. We reserve the right to terminate any portion of our Services at any time, for any reason, with or without notice. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third party for any termination of your access to the Site or Services or for the removal of any Content uploaded or contributed by you to the Site.
The Company reserves the right to deny access to anyone, including, but not limited to individuals who use proxy servers and/or Internet Protocol (“IP”) addresses residing in certain geographical areas outside of Canada and the U.S.
13. Copyright and Trademark Information
Our Site and Services, and the information and materials contained therein, are the property of the Company, its subsidiaries and affiliates, and are protected from unauthorized copying and dissemination by copyright and trademark law. All of our product names and logos are trademarks or registered trademarks of the Company. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the content on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission. You will not attempt to override or circumvent any of the usage rules or restrictions on the Site. We reserve the right to take such steps as deemed necessary, including without limitation legal action, to restrain unauthorized activity.
14. General
a) Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement and understanding between you and the Company and govern your use of the Services and Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
b) The headings in these Terms are for convenience only and will not be construed as part of the Terms.
c) Force Majeure. Any delay in the performance by the Company of any duties or obligations hereunder will not be considered a breach of the Terms if such delay is caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, war, acts of terror, strikes or other labor problems (other than those involving our employees), failures of common carriers (including Internet service providers), or denial of service attacks.
d) The Company may assign these Terms, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under the Terms, either in whole or in part, without the Company’s prior written consent. These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective heirs, successors, and permitted assigns.
e) Non-Waiver. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. Waivers will not be effective unless in writing and duly authorized by an officer of the Company.
f) If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will not affect the validity or enforceability of any other provision of the Terms which will remain in full force and effect.
g) These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in the Terms, it means “including (or includes) without limitation”.
h) Governing Law. These Terms have been made in and will be construed and enforced in accordance with the laws of the jurisdiction of the California and you irrevocably consent to submit to the exclusive jurisdiction of the courts of California for any claim, proceeding or action under the Terms. The foregoing will not limit the Company’s right to enforce the Terms in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
i) Trial Waiver. You agree to waive any right you may have to a trial by jury, or to commence or participate in any class action against us related to the Site, Services or the Terms.
j) Please feel free to contact us if you have any more questions about these Terms by emailing hello@lovenala.com