PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE OR COURSES. BY PAYING FOR, REGISTERING FOR, ACCESSING, STREAMING, OR OTHERWISE USING THE SITE OR COURSES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, AND (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS OF THIS AGREEMENT AND/OR IF YOU ARE YOUNGER THAN 13 YEARS OF AGE, YOU SHOULD NOT PAY FOR, AND YOU ARE NOT ALLOWED TO REGISTER, ACCESS, STREAM, OR OTHERWISE USE, THE SITE OR COURSES.
1. Use of Site and Access to Materials. Upon Your purchase of a Course through the Site, Lovevery shall authorize you, for Your personal use only, to access and use the Site and view, download, and print one copy of any materials provided in connection with the Course. You are strictly prohibited from downloading the Course. You may also not make any modifications to the Course materials (including with respect to copyright, trademark, or other proprietary notices contained in the materials) and you may not in any way reproduce, share, or distribute them. You will keep all of these materials confidential, and will not sell, distribute, describe, summarize, or otherwise reveal these materials or their content to any other person or entity. Any breach of this Section 1 shall result in the automatic termination of Your authorization to access and use the Site and Courses.
2. Payment. If You have subscribed to, or otherwise agreed to pay for access to or use of, the Site or the Courses, You are solely responsible for making such payment in a timely fashion and keeping Your payment information, such as Your credit card number, up to date and accurate on the Site. Failure to make timely payments, if applicable, will result in (a) immediate revocation of the rights granted to you in Section 1 above and (b) loss of access to any products or services (including the Courses) We provide to You in exchange for payment.
3. Refunds. If for any reason You are not satisfied with a Course You have purchased through the Site, 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 the terms of this Agreement or (2) if the request appears to be fraudulent or otherwise not made in good faith, where such determination will be made in Our sole discretion.
4. Feedback. Any feedback, comments, proposed improvements or modifications, or other suggestions You may provide regarding the Site, the Courses, or any related matter are entirely voluntary. You hereby freely and irrevocably grant to Lovevery, its affiliates, and their successor or assigns, a nonexclusive, fully paid-up, royalty-free, perpetual, irrevocable, unlimited, sublicensable, transferrable, worldwide right and license to use such feedback, comments, proposed improvements or modifications, or other suggestions for any purpose Lovevery sees fit without any obligation or consideration to, or additional permission from, You.
5. Collection and Use of Your Information; Technical Information. Lovevery’s collection and use of content, data, and information You generate, upload, submit, or otherwise provide Us in connection with Your access, use, and streaming of the Site and Courses is described in Lovevery’s Privacy Statement (the “Privacy Statement”). By paying for, registering for, accessing, streaming, or otherwise using the Site or the Courses, You consent to the terms of the Privacy Statement.
6. Geographic Restrictions . The Site and the Courses are intended for use by persons only while located within the United States of America, Canada, and their respective territories and possessions (collectively, the “United States and Canada”). The Site and the Courses may not comply with the laws of other countries or jurisdictions. If You access or use the Site or Courses while outside the United States and Canada, You are solely responsible for complying with all applicable local laws. Notwithstanding the foregoing, all of Your obligations under this Agreement shall apply even if and when You are located outside of the United States and Canada.
7. Updates. Lovevery may, but undertakes no obligation to, at any time add, remove, change, or modify features and/or functionality of the Site, without any notice to You. Lovevery may also, but undertakes no obligation to, at any time change, modify, cancel, discontinue, reschedule, or remove Courses and their content, in whole or in part, without notice to You.
8. No Warranty; No Liability for Damages; No Medical or Other Professional Advice; Safety and Supervision.
a. No Warranty. THE SITE, THE COURSES, AND ANY RELATED INFORMATION, CONTENT, OR MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND LOVEVERY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE SAME, INCLUDING, WITH RESPECT TO THE SITE AND THE COURSES, THAT THE SITE OR THE COURSES WILL BE COMPATIBLE OR OTHERWISE WORK WITH ANY DEVICE OR ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OR ARE FIT FOR A PARTICULAR PURPOSE, AND WITH RESPECT TO THE INFORMATION, CONTENT OR MATERIALS AVAILABLE ON THE SITE OR A PART OF THE COURSES, INCLUDING THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, CONTENT OR MATERIALS. LOVEVERY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, EXPRESSLY DISCLAIMS THE WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COURSE OF DEALING, AND USAGE IN THE TRADE. THESE DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. LOVEVERY CANNOT AND DOES NOT WARRANT THAT THE SITE AND COURSES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
b. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOVEVERY, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR: (i) ANY LOST PROFITS, LOSS OF USE, COST OF CURE, DIMINUTION OF VALUE, LOSS OF DATA, INJURY, DEATH, OR DISABILITY OF ANY PERSON, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE SITE, THE COURSES, OR ANY RELATED INFORMATION, CONTENT, OR MATERIALS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THOSE DAMAGES WERE FORESEEABLE AND EVEN IF LOVEVERY WAS ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; OR (ii) MONEY DAMAGES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO YOUR USE OR MISUSE OF OR INABILITY TO USE THE SITE OR COURSES, OR ANY RELATED INFORMATION, CONTENT OR MATERIALS, IN A TOTAL AMOUNT GREATER THAN $10.00 or the total amount you have paid to Lovevery in the 90 Days preceding your claim, whichever is greater.
c. No Medical or Other Professional Advice; Safety and Supervision. THE SITE AND COURSES ARE FOR YOUR INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT USE ONLY. NOTHING CONTAINED IN THE SITE OR COURSES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL, THERAPEUTIC, OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, AND YOU AGREE NOT TO USE THE SITE OR COURSES FOR SUCH PURPOSES. THERE IS NO DOCTOR-PATIENT, THERAPIST-CLIENT, OR OTHER SUCH PROFESSIONAL RELATIONSHIP CREATED BY THE SITE OR COURSES OR YOUR USE OF THE SITE OR COURSES. 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. You are also SOLELY responsible for ACTIVELY Supervising, or providing adequate, ACTIVE adult supervision of, your MINOR children AT ALL TIMES when they are USING OUR PRODUCTS OR PERFORMING ANY OF THE ACTIVITIES DEPICTED OR DESCRIBED ON THE SITE OR IN THE COURSES.
9. Trademark and Copyright. Lovevery, and certain other brands, trademarks, and service marks are marks of Lovevery and its affiliates. The Courses are copyrighted, and any unauthorized use of the Courses may violate copyright, trademark, and other laws. By paying for, accessing, or using the Site or the Courses, you agree not to remove, delete, alter, or obscure any brands, trademarks, or service marks of Lovevery or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site or Courses.
10. Hyperlinks and Third-Party Materials. The Site and Courses may display, include, or make available third-party content (including, without limitation, images, data, information, applications, and other products services and/or materials) or provide hyperlinks to third-party websites or services, including through third-party advertising (“Third-Party Materials”), such as Twitter, Facebook, Instagram, or other social media sources. Lovevery is not responsible for any Third-Party Materials or their sources, including, without limitation, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. Lovevery does not assume and will not have any liability or responsibility to You or to any other person or entity for any Third-Party Materials. Third-Party Materials and any links to Third-Party Materials are provided solely as a convenience and courtesy to You and Your access and use of them is entirely at Your own risk and subject to the third parties’ applicable terms and conditions.
11. Choice of Law; Venue; Injunctive Relief. This Agreement will be interpreted under, and any dispute arising out of or related to this Agreement, the Site, or the Courses will be governed by, the laws of the State of Delaware, without reference to its or any other conflict of laws principles. For any legal suit, action, proceeding, or other matter arising out of or related to this Agreement, the Site, or the Courses, You hereby consent and agree to the exclusive jurisdiction of and venue in the state and federal courts located in Boise, Idaho and Ada County, Idaho, and You agree not to assert, and You waive any right to assert, any claim against Lovevery in any other courts or jurisdictions throughout the world or any objection to the exercise of jurisdiction over You by such courts and to such venue. Any dispute will be limited to the dispute between Lovevery and You individually. To the full extent permitted by applicable law, no legal proceeding may be joined with any other person or entity or decided on a class-action basis. Your breach or threatened breach of this Agreement would cause irreparable injury to Lovevery for which money damages alone would be an inadequate remedy. Therefore, Lovevery is, in addition to its remedies at law, entitled to seek temporary or permanent injunctive or other equitable relief against You, without the posting of any bond or other security.
12. Indemnification. You hereby agree that You (a) will indemnify, defend (at Lovevery’s sole option) and hold harmless, and (b) hereby release and hold harmless, Lovevery, its licensors, and its and their respective officers, directors, members, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, obligations, costs, and/or expenses (including reasonable legal fees) resulting from or arising out of Your: (i) use or misuse of the Site or Courses; (ii) use or misuse of any related content, data, information, or materials; (iii) related activities; or (iv) violation of this Agreement. Lovevery will not represent You in any dispute or arising out of the use of this Site or Courses. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
a. Severability. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement will not be affected thereby.
c. Amendments. Lovevery may amend this Agreement at any time by posting an updated copy of this Agreement on the Site or by providing notice to You in any other way. Those amendments will be effective upon notice to You or by Your continued used of the Site or Courses. Lovevery will not be bound by any amendment to this Agreement unless that amendment is in writing and has been signed by an authorized officer of Lovevery.
d. No Waiver. No failure by Lovevery to exercise, or delay by Lovevery in exercising, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Lovevery of any right or power hereunder preclude further exercise of that or any other right hereunder.
This Agreement was last updated on October 25, 2021.