PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”) BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER ON WWW.LOVEJOY.TODAY OR OUR OTHER SITES WHICH LINK TO THESE TERMS.

Website Use

The use of www.lovejoy.today or other sites to which these terms are linked (each, a “Website”), owned and maintained by LoveJoyCO (“LoveJoyCO,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By visiting the Website, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these terms of service and disputes of any sort that might arise between you and LoveJoyCO. The Website is intended for adults and by use, you affirm you are at least 18 years old or the legal age of majority in your place of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this agreement, understand, and agree to its terms. By accessing, using, subscribing, or placing an order over the Website, you/your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THESE TERMS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND LOVEJOYCO. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES PROVIDED BY LOVEJOYCO, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE.

Our Privacy Policy, Data Processing Addendum, And Your Personal Information

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Policy and, if you and/or your end users are located in the European Union or United Kingdom, our Data Processing Addendum (“DPA”) as well. Our Privacy Policy is incorporated into this agreement by reference.

As between you and LoveJoyCO, LoveJoyCO and its licensors exclusively own all rights, title, and interest in the copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained on the Website (collectively, “LoveJoyCO IP”). LoveJoyCO IP is protected by copyright, trademark, and other intellectual property laws, and all rights in LoveJoyCO IP not expressly granted to you in these Terms of Service are reserved.

Access To The LoveJoyCO Shop

LoveJoyCO, LLC and/or its related brands (“LoveJoyCO”, “we” or “us”) operate an online store from which you may purchase products and services. These terms of service apply to the content and functionality of the Website and our products and services. LoveJoyCO grants you a limited, revocable, non-exclusive, non-transferable license to access LoveJoyCO products and services. Unless you specifically purchase a content license, this license does not include a right to re-sell any of the content and information, including product listings. You may choose to or we may invite you to submit comments, content, or ideas about improvements to the LoveJoyCO Shop or our products or services. If you submit such an idea to us, we presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the idea. You also agree that LoveJoyCO has no fiduciary or any other obligation to you in connection with any idea you submit to us, and that we are free to use without any attribution or compensation to you.

Fulfillment Policies: Products, Content, Order Placement And Acceptance

LoveJoyCO offers digital and in person products and services to help clients in their transformation from broken to breakthrough. Coaching, consulting, training, curriculum, etc. are available to bridge gaps in vocational, financial, spiritual, relational, mental, and physical well-being. Details of the products and services available for purchase online through the Website are set out in the LoveJoyCO Shop. All features, content, specifications, products and prices of products and services described or depicted in the LoveJoyCO Shop are subject to change at any time without notice. If there are any limited promotions or discounts offered for our products or services, the specifics on how to receive these will be clearly detailed under the specific product listing. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Website due to the limitations of the systems that you use to access the Website.

While we are a U.S. based business and our advertised product and service prices are listed in, and payments accepted in U.S. dollars, we do support international customers. As most of our products and services do not require shipping, within allowable limitations on export, we are also happy to discuss options for delivering and adapting our products and services to our friends in other nations who utilize different forms of currency. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. If an order needs to be modified or cancelled for any reason prior to LoveJoyCO processing the order, please contact us immediately at the contact information provided in your order receipt so we can issue a prompt refund. Once the order is processed, please refer to the refund and return policies outlined on this page as we cannot guarantee that we will be able to amend your order in accordance with your instructions.

Fulfillment Policies: Delivery, Cancellation, Refund, And Return On Physical Products

The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. All items are subject to availability. We will notify you if any item is not available, inform you of the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. Occasionally, the distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner. LoveJoyCO will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

Orders are shipped via USPS within two business days processing unless specific requests for expedited or international shipping which will be detailed prior to completion to ensure understanding unique delivery terms. Shipping fees will be detailed to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. LoveJoyCO is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each LoveJoyCO product will be delivered to such location as designated on your applicable order.

Unless otherwise noted in the product description, LoveJoyCO products may be returned in the original packaging and condition (including all accessories provided) within 15 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition at your expense, in exchange for a full refund. To begin the return process, please contact us. Return shipping instructions will be provided.

Refunds For Physical Products

In the rare event that you have purchased a “hard good” (for example, a book or other tangible product) from the Website or any related brands and are dissatisfied for any reason, you may receive a limited refund if you comply with the following conditions (unless otherwise specified):

You must request a refund in writing by contacting us at the information provided in your order confirmation;
Your request for a refund must be made within fifteen (15) days of your purchase;
You must return the hard goods at your expense to LoveJoyCO immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to LoveJoyCO in like-new, or re-sellable condition, as determined in LoveJoyCO’s sole, reasonable discretion.
Once the product is received, LoveJoyCO will begin to process your full refund, which may take up to two billing cycles to process on our end. Depending on your financial institutions procedures, please allow for their possible additional processing time.
Products not received by LoveJoyCO within the required timelines may not be processed so please ensure strict adherence to the instructions provided upon your return/refund request.

Sanctions And Export Policy

You may not use the Website or purchase our products or services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim and cannot guarantee that LoveJoyCO or any service or product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

No Warranties

We provide LoveJoyCO products and services “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by LoveJoyCO or obtained by you from or through the Website – whether from LoveJoyCO or another entity, and whether oral or written – creates or implies any warranty from LoveJoyCO to you.

LoveJoyCO disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Website; (b) that LoveJoyCO services and products will meet your specific needs or requirements; (c) that the Website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that LoveJoyCO will correct any defects or errors in the Website; or (e) that the Website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Website is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download. Nothing in these terms of service operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

Limitation Of Liability

The information provided on the Website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. The views expressed at, or through, the Website are those of the individual authors writing in their individual capacities only. All liability with respect to actions taken or not taken based on the contents of the Website are hereby expressly disclaimed. The content on this posting is provided "as is;" no representations are made that the content is error-free. Under no circumstances will LoveJoyCO be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Website or for the unavailability of the Website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Service or your use of the Website, even if such damages are foreseeable, and whether or not you or LoveJoyCO has been advised of the possibility of such damages.

LoveJoyCO is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Website or your failure to use or implement anti-fraud measures, security controls, or other data security measure. LoveJoyCO further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by LoveJoyCO in relation to all LoveJoyCO services and products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to LoveJoyCO during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

The Website may contain links to other Websites. LoveJoyCO assumes no responsibility for the content or functionality of any non-LoveJoyCO Website to which we provide a link. These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

Disputes

Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these terms of service, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these terms of service, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation), will be determined by arbitration in Colorado before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator will apply the substantive law of the State of Colorado, exclusive of its conflict or choice of law rules.

If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to these Terms of Service. Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Service will affect the right of any party to serve process in any other manner permitted by law.

Website User Conduct And Restrictions – License Terms

All aspects of our Websites are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without express consent and terms outlined in content licensing agreements. LoveJoyCO logos and all trademarks are proprietary marks of LoveJoyCO, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by LoveJoyCO.

Subject to your continued strict compliance with these terms, LoveJoyCO provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.

If you purchase a content license, LoveJoyCO provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use our content. You acknowledge and agree that: (1) the content is copyrighted material under United States and international copyright laws that is exclusively owned by LoveJoyCO; (2) you do not acquire any ownership rights; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material without the express written permission of LoveJoyCO; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website or any content provided by LoveJoyCO, in any unlawful manner or a manner harmful to LoveJoyCO. You further agree not to commit or attempt to commit any harmful or unlawful act on or through the Website or through use of any content, including but not limited to, refraining from:

HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to LoveJoyCO’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of LoveJoyCO or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to LoveJoyCO’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any Website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any Website or other electronic service hosted, provided by or connected to LoveJoyCO, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs or any sexually explicit material; or infringing or promoting the infringement of the intellectual property rights of another.

Accounts

You may give us information about yourself when you visit the Website. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Website and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls that impact product and service delivery.

In some instances, we may require that you create an account to access the Website for certain purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your LoveJoyCO user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are also responsible for maintaining the confidentiality of proprietary or non-public information we may share with you as a LoveJoyCO user, such as technical information, our pricing, our business strategy, and data about other past or current LoveJoyCO users or their customers. You are fully responsible for all transactions LoveJoyCO, and information conveyed to, LoveJoyCO under your user account. You agree to immediately notify LoveJoyCO of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that LoveJoyCO is not liable, and you will hold LoveJoyCO harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Testimonials, Reviews, And Pictures/Videos

LoveJoyCO is pleased to hear from customers and welcomes your comments regarding our services and products. LoveJoyCO may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to LoveJoyCO’s services or products, in printed and online media, as LoveJoyCO determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary. By providing them, you grant LoveJoyCO a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.

Additionally, LoveJoyCO reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. LoveJoyCO shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send LoveJoyCO a notice requesting that LoveJoyCO remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send LoveJoyCO a counter-notice.

Disclaimers Of Other Warranties

EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SYSTEM OR DATA, (B) THE WEBSITE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL LOVEJOYCO OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY POLICY AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR SERVICE, OR PRODUCT, REGARDLESS OF WHETHER LOVEJOYCO HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

LoveJoyCO’s Additional Remedies

In order to prevent or limit irreparable injury to LoveJoyCO, in the event of any breach or threatened breach by you of the provisions of this agreement or any infringement or threatened infringement by you of the intellectual property of LoveJoyCO or a third-party, LoveJoyCO shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction in Colorado restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this agreement shall be construed as prohibiting LoveJoyCO from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and/or your business. You and/or your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts in Colorado for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless LoveJoyCO, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these terms, the documents they incorporate by reference, the agreement, or the representations and warranties provided by you in this agreement, or (4) your violation of any law or the rights of a third-party.

Termination

This agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the agreement or violated any law, whether in connection with your use of LoveJoyCO or otherwise, we may terminate the agreement or suspend your access to the Website at any time without notice to you. Any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this agreement and/or your account or relationship with LoveJoyCO. Upon termination, you remain responsible for any outstanding payments to LoveJoyCO.

No Waiver

No failure or delay on the part of LoveJoyCO in exercising any right, power or remedy under this agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this agreement. A waiver of any right or obligation under this agreement shall only be effective if in writing and signed by LoveJoyCO.

Governing Law And Venue

This agreement and any issue or dispute arising out of or otherwise related to this agreement or your access to or use of the Website, our Privacy Policy, or any matter concerning LoveJoyCO, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Colorado without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts in Colorado and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis. LoveJoyCO may assign its rights under this agreement at any time, without notice to you. Your rights arising under this agreement cannot be assigned without LoveJoyCO’s (or its assigns’) express written consent.

Electronic Signature

All information communicated on the Website is considered electronic communication. When you communicate with us through the Website or via other forms of electronic media, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide 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.

Your Additional Representations And Warranties

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) have read this agreement and thoroughly understand and agree to the terms contained in this agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from the Website other than those to which you purchased a content license. You further represent that LoveJoyCO has the right to rely upon all information provided to LoveJoyCO by you, and LoveJoyCO may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the agreement you, or any business related to you, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify LoveJoyCO of the same within twenty-four (24) hours. LoveJoyCO, at its sole discretion, may terminate the agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by LoveJoyCO without incurring any obligation or liability to you.

Modification And Severability

We reserve the right, at our sole discretion, to update, change, add, or replace any part of the agreement by posting updates and changes to our Website or any other Website we maintain or own. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the agreement constitutes acceptance of those changes. If any provision of this agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the agreement. Any ambiguities in the interpretation of these terms or this agreement shall not be construed against the drafting party.

Contacting Us

We encourage our customers to contact us with questions or comments about our products and services or if you have any questions about these terms. Please feel free to do so by sending an email to kp@lovejoy.today or by regular mail at LoveJoyCO, LLC, PO Box 6555, Colorado Springs, CO 80934.