Please read these Terms and Conditions carefully! They contain very important information about your rights and obligations, including limitations and exclusions that may apply to you. PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 20 BELOW APPLICABLE TO U.S. RESIDENTS AND BUSINESSES. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These terms and conditions (together with the information contained in the “FAQ” page on the website (shipping/returns/FAQ) and any other documents referred in these terms and conditions) (Terms and Conditions) set out the legal terms that apply to your use of the website https://livingwithivey.com/ (Website or Site), the purchase of products or services from Living With Ivey, Inc. whose registered office is at 1253 Okeechobee Road Unit A4, West Palm Beach, FL 33401 (Living With Ivey , we, us and our), and the web services that are provided by Brand&Bloom as more particularly detailed below in Section 3 – Operation of Website and Services and Products.
We reserve the right to change these Terms and Conditions from time to time by changing them on the Site, although no such change will affect any Order you have already placed with us. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are responsible for regularly reviewing these Terms and Conditions.
ACCESS TO THE SITE
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and agree to be bound by them.
We may, from time to time, restrict access to certain features, parts, or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if, in our sole discretion, you have failed to comply with any of the provisions of these Terms and Conditions or if any details you provide for the purposes of registering as a user prove to be false.
OPERATION OF WEBSITE AND SERVICES AND PRODUCTS
Operation of Website and Delivery of Services and/or Products to U.S. Customers Only
Living With Ivey owns the Website. Living With Ivey has subcontracted the operation of certain aspects of the Website to Local Vendors. Said Vendors provides and/or procures certain services on behalf of Living With Ivey to enable the operation of the Website and for you to search through the Website and purchase products from Living With Ivey. These certain services include, but are not limited to, payment processing, customer service, hosting, and delivery logistics.
The Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. If you are located in the United States then Living With Ivey will procure the payment processing services.
The Products sold on the Website are owned by Living With Ivey’s partners. Living With Ivey, in consultation with the Product owner, attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are entirely accurate, complete, reliable, or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the Products.
The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes unless you receive prior written permission from Living With Ivey. Neither Living With Ivey nor web vendors has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
A Hazmat Product contains flammable liquid and is considered a hazardous material by the U.S. Department of Transportation (including but not limited to pressurized spray cans, fragrance, and nail polish). Hazmat Products can only be shipped via ground shipping due to air transport regulations. These Products may not be shipped to Alaska or Hawaii.
ORDERING AND AVAILABILITY
Products and Services may be ordered by clicking on the products or services you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your Order up until the point at which you submit your Order. We generally accept Mastercard, Visa, American Express, Discover, and PayPal. All of these payment options are not available for some Products and Services, and only the payments options allowed will be shown when making payment on your Order.
When you place an Order, you will see an order confirmation page containing your Order number. If you do not see an order confirmation page after submitting your Order, your Order was not submitted successfully. You will also receive an order confirmation email sent to the email address that you included in your Order. You may access current and past Order information by creating and signing into your account on livingwithivey.com or by contacting Client Services at email@example.com. Your Order constitutes an offer to us to buy the Products and/or Services requested. All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept any Order. You do, however, acknowledge that by clicking on the “Place Order” button, you enter into an obligation to pay for the Product(s). Where we accept your Order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been shipped (Confirmation). The contract between you and us in relation to any Orders (Contract) will only be formed when we send you the Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) that we have confirmed will be shipped in the Confirmation. We will not be obliged to supply any other Product(s) which may have been part of your Order until the shipping of such Product(s) has been confirmed in a separate Confirmation.
If you have any questions regarding your Order, including regarding the possibility of cancelling or amending your Order, please consult the Living With Ivey FAQ section on “Orders & Account” located here: https://livingwithivey.com/shipping-returns-faqs/
Your Order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days after the date of the Confirmation, unless there are exceptional circumstances.
Living With Ivey ships to addresses in the fifty United States, excluding P.O. boxes. We do not yet ship internationally. You are welcome to use a freight-forwarding company; however, you do so at your own risk. We do not support international returns and you are responsible for all duties and custom fees. All Orders shipped to a freight-forwarding company are final sale and you will not be eligible for a refund or return. Your Order will be delivered to the U.S. delivery address you specify when placing your Order. Please also note that you must comply with all applicable laws and regulations of the jurisdiction for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.
Products comprised within the same Order cannot be delivered to different addresses.
Deliveries are made by our trusted courier and take place on Monday to Saturday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
In certain circumstances our delivery partner may provide you with optional services when delivering your Order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your Order from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with our delivery partner separately, you acknowledge and agree that Living With Ivey shall bear no responsibility or liability for any loss or damage that may result from delivering your Order in that way. If your delivery address is in the US, this includes where our delivery partner leaves your package outside because you were not available to receive the package at the location.
PRICE AND PAYMENT
The price of Products is as quoted on the Site from time to time.
Prices include VAT (where applicable) but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method. The prices also include sales tax, which is calculated based upon the applicable law in the State or jurisdiction of your delivery address.
Prices and delivery costs are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Confirmation.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your Order and notify you of such rejection.
Payment for all Orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also conduct a standard pre-authorization check on your payment card, and Products will not be shipped until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
From time to time we may run promotions where we issue discount codes. These can be used as partial or full payment of the price of Product(s) or Services(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) or Service(s) stated. Discount codes cannot be redeemed for cash.
Living With Ivey currently provides and accepts only Living With Ivey gift cards. Living With Ivey is not obligated to accept unauthorized gift cards provided or sold by third parties.
We accept returns received within 30 days of original purchase unless otherwise noted on the Product detail page.
Returned Products must conform to our returns policy below.
You have a legal obligation to take reasonable care of the Products while they are in your possession, and you must return them in the same condition in which you receive them (except to the extent reasonably necessary to examine them). This includes the following guidelines:
- Products should be returned unworn (other than to try them on), unwashed, undamaged and unused with their original tags;
- if the Product comes with a security tag this should be left on;
- hosiery should only be returned if it is unopened and is in its original package; and
- lingerie and swimwear must only be tried on over your own lingerie garments.
If you fail to comply with the above obligations (including the conditions of return), we may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).
You cannot cancel a contract for the supply of any of the following Products:
- any Products that have been personalized or made to your own bespoke specifications unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered (See Section 11 – Faulty or Damaged Products)
- any garments or cosmetics Products that have had a hygiene label or seal removed or broken.
We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. If you wish to return a Product, please do the following:
- Sign in to “My Account” on the website and navigate to “Orders and Returns”. Find the Order containing the item(s) that you would like to return and click “Initiate Return.”
- Within the Order summary, select the item(s), reason for return, and number of packages to return. When presented with return options, select “Drop off”.
- Follow the external link to our courier’s drop-off locations near you. Search for your location and pick the most convenient drop-off location.
- Drop off the parcel at the selected drop-off location. Be sure to request a shipping receipt. When the package is received at our warehouse, your funds (the value of the item(s) purchased and any tax applied) will be returned to the original form of payment within 14 days.
If you need any assistance with a return, please contact Client Services at firstname.lastname@example.org.
FAULTY OR DAMAGED PRODUCTS
If any Product you Order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should send a photo of the damaged item to email@example.com as soon as possible so that we may report the damage to our fullfilment provider, if necessary. Please include your name, delivery address, and order reference number. Nothing in this section affects your legal rights.
While we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as color, pattern, and texture) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an Order.
WHAT YOU ARE ALLOWED TO DO
You may only use the Site for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts, or content of the Site and, where they apply, will be displayed on-screen or accessible via a link
WHAT YOU ARE NOT ALLOWED TO DO
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
- ‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
- create links to the Site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination; you do not imply that we endorse you, your website, or any Products or Services you offer; you link to (and do not frame or replicate) the home page of the Site; and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, or which infringes on the intellectual property rights or other rights of any third party.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these Terms and Conditions will terminate immediately in the event that you are in breach of any of them.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, post) content or materials (collectively, User Contributions) on or through the Website.
All User Contributions must comply with the Content Standards set out in Section 17 below.
Any User Contribution posted to the site is non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
- All of your User Contributions comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
MONITORING, ENFORCEMENT, AND TERMINATION
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms and Conditions, including the Content Standards set out in Section 17 below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Hold Harmless Agreement
YOU WAIVE AND HOLD HARMLESS LIVING WITH IVEY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LIVING WITH IVEY OR PARTIES ACTING ON BEHALF OF OR AT THE DIRECTION OF LIVING WITH IVEY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY LIVING WITH IVEY, ANY INCLUDED PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section. If you see objectionable material on the Website, please contact Living With Ivey as soon as possible.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks, copyrights, and logos) are owned by Living With Ivey, or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors, and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms and conditions), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original content are reproduced.
Living With Ivey is a registered trademark in the United States. Living With Ivey, the trademarks of Living With Ivey, and any trademarks of Living With Ivey’s licensors may not be used without the written permission of Living With Ivey or the relevant licensor, and specifically should not be used in connection with any other Product or Service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Living With Ivey or the licensor. All use of any Living With Ivey trademark, both registered and unregistered, as well as all good will which arises from such use, inures to the sole and exclusive benefit of Living With Ivey. Any rights not expressly granted herein are reserved.
Copyright and proprietary rights
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (Content) are the property of Living With Ivey, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Living With Ivey.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an Order with Living With Ivey. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms and Conditions. Doing so will violate Living With Ivey’s copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, photographs, button bars, service marks and trade names which Living With Ivey uses in connection with the Site shall remain the exclusive property of Living With Ivey. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Living With Ivey. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
DMCA Notice Clause
If you believe that any User Contributions violate your copyright, or that any material residing on or linked to from the Website infringes your copyright, please send to Living With Ivey’s Copyright Agent (listed below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) a physical or electronic signature of a person authorized to act on behalf of the copyright owner.
The Copyright Agent for notification of claimed infringement can be reached electronically at firstname.lastname@example.org or at the following mailing address:
Living With Ivey
Attn: Copyright Agent
1253 Old Okeechobee Road
West Palm Beach, FL 33401
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If, at any time, we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on or from the Website (including, without limitation, from our newsletter) other than that set out in this section, please address your request to: email@example.com. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Living With Ivey. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Communications provided by user
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Living With Ivey or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Living With Ivey is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the Site, you assign all own all right, title, and interest by assignment to such content to Living With Ivey. To the extent such assignment is ineffective for any reason you grant Living With Ivey and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Living With Ivey and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
The Site may, from time to time, include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
GOVERNING LAW, JURISDICTION, CLASS ACTION WAIVER, AND ARBITRATION PROVISION
These Terms and Conditions, as well as any Orders or other transactions contemplated by these Terms and Conditions, shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of laws or choice of laws principles.
Any dispute or claim between you and us (including the websites operated by us) relating in any way to these Terms and Conditions, as well as all other aspects of your transaction contemplated by these Terms and Conditions, including but not limited to your use of the services or websites or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined on an individual basis by arbitration in the County of New York in the State of New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures unless the parties mutually agree otherwise.
Where permitted under applicable law, you and Living With Ivey agree to arbitrate exclusively on an individual basis, and that these Terms and Conditions do not permit class arbitration or any claims brought as a plaintiff or class member in any purported class, representative, group, or other consolidated arbitration proceeding. The arbitral tribunal or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Judgment on the award may be entered in any court having jurisdiction. If either Living With Ivey or you bring an action or proceeding by reason of any breach or alleged breach of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses in connection therewith (including without limitation reasonable attorneys’ fees and court costs), to the extent allowed under the law, from the other party. The term ‘prevailing party’ means the party obtaining substantially the relief sought, whether by compromise, settlement, or judgment.
The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms and Conditions as a court would.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
LIMITATION OF LIABILITY AND PROMISE TO INDEMNIFY
IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, INCLUDING THROUGH A BREACH OF THESE TERMS AND CONDITIONS, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER, FROM LIVING WITH IVEY OR ANY OF LIVING WITH IVEY’S AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR VENDORS, DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO THE AMOUNT PAID IN YOUR ORDER.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY OTHER DAMAGES OR LOSSES, INCLUDING DIRECT, CONSEQUENTIAL, BUSINESS LOSSES, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. ANY LIABILITY WE DO HAVE FOR LOSSES YOU SUFFER ARISING FROM ANY CONTRACT SHALL NOT EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT(S) OR SERVICE(S). These Terms and Conditions should not be interpreted to limit any liability which cannot be limited by law.
You agree to defend, indemnify and hold harmless Living With Ivey and its directors, officers, employees, agents, assigns its directors, officers, employees, agents, and assigns against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and costs, arising from or related to your use of the Site or any material or content you post to the Site.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
To the maximum extent permitted by law, these limitations and exclusions apply to any claims or disputes related to these Terms and Conditions, any Products or Services purchased, and any Orders you have made.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an Order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
Please submit any questions you have about these terms and conditions or an Order you have placed or ordering in general by email to firstname.lastname@example.org, and a Living With Ivey representative will respond between the hours of 9am to 6 pm EST, Monday to Friday