Terms of Service

1. Description of Services.
   
   In the Site, LovingEco provides users with access to the online sale of eco-friendly, natural and/or fair trade clothing, shoes, accessories such as jewelry and purses, beauty, personal care e.g. skincare and shampoo, products for babies and kids such as clothes, toys and personal care items e.g. bubble bath, home products and accessories, gifts and product for pets (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider and/or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access.
   
   LovingEco grants you a limited license to access and to personally use the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any information, data or other content (collectively, "Content") available through the Site; uploading, posting or transmitting any Content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in LovingEco’s sole discretion) an unreasonable or disproportionately large load on LovingEco’s computer servers, infrastructure or personnel or any use of data mining, robot or similar data gathering and extraction tools. You may not bypass any measures used by LovingEco to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the license granted to you by LovingEco and your access to the Site may be temporarily or permanently prohibited by LovingEco.
3. Membership Eligibility.
   
   The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by LovingEco for any reason. If we learn that a user is under 13 years of age, we will promptly delete all information that we have collected about that user and will immediately remove such user from the system. Users may not have more than one active account. Additionally, users are prohibited from selling, trading or otherwise transferring their LovingEco.com account to another party for any reason. If you do not qualify to be a member of LovingEco, you may not use the Service or the Site.
4. Your Account.
   
   In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or LovingEco has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LovingEco has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) by you. If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. GIVEN THE RISK OF IDENTITY THEFT AND FOR MANY OTHER REASONS, WE STRONGLY RECOMMEND THAT YOU EXIT FROM YOUR ACCOUNT AT THE END OF EACH SESSION ON THE SITE. You agree to notify LovingEco immediately of any unauthorized use of your account or any other breach of security. LovingEco reserves the right to refuse service, terminate accounts or remove or edit content in its sole discretion.
5. Submitted Content.
   
   LovingEco does not claim ownership of any materials you make available through the Site, such as personal photos or written comments and product reviews that you may post on the Site. At LovingEco’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to any materials that you submit or make available for inclusion on the Site, you grant LovingEco a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 5.
6. Product Descriptions and Purchases.
   
   LovingEco attempts to be as accurate as possible with respect to the description of products listed on the Site. At the same time, LovingEco does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current or error-free. If a product offered by LovingEco itself is not as described, your sole remedy is to return it in unused condition. Except where noted otherwise, the "List Price" displayed for products on the Site represents the price that we are charging for that item, which has been estimated in accordance with standard industry practice. Despite our best efforts, a small number of the items on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. All items purchased from LovingEco are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
7. Disclaimer of Warranty; Limitations of Liability.
   
   ALL CONTENT, PRODUCTS AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
   
   LOVINGECO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN LOVINGECO, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE QUALITY, CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IN THAT REGARD, LOVINGECO WILL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY THAT YOU MAY SUFFER FROM THE USE OF ANY PRODUCT THAT YOU PURCHASE FROM THE SITE; YOUR PURCHASE OF ANY SUCH PRODUCT SHALL BE DEEMED AN AFFIRMATIVE WAIVER OF ANY AND ALL CLAIMS, DAMAMGES, CAUSES OF ACTION, LIABILITIES, LOSSES AND EXPENSES THAT YOU MAY INCUR AS A RESULT OF ANY SUCH PERSONAL INJURY.
   
   OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL LOVINGECO BE LIABLE FOR ANY CLAIM, DAMAGE, CAUSE OF ACTION, LIABILITY, LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR ON YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE, INCLUDING WITHOUT LIMITATION, YOUR RELIANCE ON THE DESCRIPTION OF THE CONTENTS OF ANY PRODUCT THAT YOU PURCHASE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ALL PRODUCT DESCRIPTIONS AND OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT
   
   YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOVINGECO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOVINGECO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR DIRECT OR INDIRECT USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
8. Indemnity.
   
   You agree to indemnify and hold LovingEco (and its officers, directors, shareholders, agents, subsidiaries, joint ventures, and employees) harmless from any cause of action, liability, loss, claim, demand, fee or expense, including without limitation, all reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
9. Electronic Communication.
   
   When you use the Site or send emails to LovingEco, you are communicating with LovingEco electronically. You consent to receive communications electronically from LovingEco and its Site Affiliates (as defined in the Privacy Policy LovingEco will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
10. Site-Provided Email and Postings.
    
    The Site may provide users with the ability to post messages on the Site and post product reviews and ratings. LovingEco is under no obligation to review any messages, information or content posted on the Site by users (the "Postings") and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, LovingEco may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
    
    (a) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
    
    (b) Advertisements or solicitations of any kind.
    
    (c) Impersonate others or provide any kind of false information.
    
    (d) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses or employer references.
    
    (e) Messages by non-spokesperson employees of LovingEco purporting to speak on behalf of LovingEco or containing confidential information or expressing opinions concerning LovingEco.
    
    (f) Messages that offer unauthorized downloads of any copyrighted or private information.
    
    (g) Multiple messages placed within individual folders by the same user restating the same point.
    
    (h) Chain letters of any kind.
    
    (i) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to (i) Using LovingEco.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (ii) Using LovingEco.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (iii) Sending messages to distribution lists, newsgroup aliases, or group aliases.
11. Links.
    
    The Site or third parties may provide links to other World Wide Web sites or resources. Because LovingEco has no control over such sites and resources, you acknowledge and agree that LovingEco is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that LovingEco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Access To Password Protected/Secure Areas.
    
    Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Modification and Notification of Changes.
    
    LovingEco reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time and from time to time. If LovingEco makes a material modification to this TOS, it will notify you by:
    
    (i) sending an email to the address associated with your account. LovingEco is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add LovingEco.com to the list of domains approved to send you email (commonly known as your "whitelist"); and
    
    (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes.
    
    After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@LovingEco.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
14. Copyrights and Trademarks.
    
    All Content included on the Site, such as text, graphics, logos, button icons, images, audio, data compilations, and software, is the property of LovingEco or its content suppliers and is otherwise protected by United States and international copyright laws. Further, any compilation of Content on the Site is the exclusive property of LovingEco. The trademarks, logos, vendor logos, charity logos, site and tastemaker illustrations and service marks ("Marks") displayed on the Site are the property of LovingEco and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of LovingEco or such third party which may own the Marks. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any commercial or public purposes whatsoever. Users are also prohibited from using the photographs, names, likenesses, personal information and other background and related data of any of the tastemakers that appear on the Site.
15. Procedure for Claims of Intellectual Property Infringement.
    
    LovingEco respects the intellectual property of others, and we ask our users to do the same. LovingEco may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide LovingEco’s Copyright Agent the following information:
    
    (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    
    (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
    
    (c) a description of where the material that you claim is infringing is located on the Site;
    
    (d) your address, telephone number, and email address;
    
    (e) 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;
    
    (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    
    LovingEco’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
    
    By mail: 212 26th Street, Ste. 223, Santa Monica, CA 90402
    
    By phone: 866 895 9888
    By email: support@lovingeco.com
    
    LovingEco may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 15.
16. Survival of Terms After Agreement Ends.
    
    Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
17. General.
    
    If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time LovingEco may offer special promotional offers that may or may not apply to your LovingEco account. You agree to be bound by any additional terms and conditions of these special offers, which will be available to you from time to time via separately furnished linked sites.. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and LovingEco will be governed by the laws of the State of California without regard to its conflict of law provisions. You and LovingEco agree to submit to the personal jurisdiction of the federal and state courts located in the County of Los Angeles --NO NOT AN ISSUE), State of California with respect to any legal proceedings that may arise in connection with the Site, Privacy Policy and/or this TOS. The failure of LovingEco to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. LovingEco does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and LovingEco and governs your use of the Site, superseding any prior agreements between you and LovingEco with respect to the Site.