Terms of Use
These Terms of Use (these “Terms”) govern your use of Prelove You’s website (the “Site”), as well as the
subscription memberships offered and/or administered through the Site (the “Membership Plans”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR SUBSCRIBING FOR A MEMBERSHIP PLAN, AS THEY CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION RIGHTS, AND OTHER LIMITATIONS THAT AFFECT YOUR RIGHTS, ALL OF WHICH ARE APPLICABLE TO YOUR USE OF THE SITE, OUR SERVICES, AND ANY RELATED ACTIVITIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT USE THE SITE.
For the purpose of these Terms, references to “we,” “us,” and “our” include Prelove You, Inc. (“PLY”) and its affiliates, subsidiaries, agents, representatives, successors and assigns. It is a violation of these Terms for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject to your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use the Site solely for your own personal use. You may only access and use the Site on devices that you own or control and you may not use the Site on devices where you do not have all necessary permissions and rights to use such device for purposes of accessing or using the Site.
1. Modifications. We reserve the right to modify the Site and the rules governing its use at any time, including without limitation these Terms and the details of our Membership Plans. Modifications will be posted on the Site and the “Last Updated” date at the top of these Terms will be revised. You understand and agree that if you use the Site after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described on the Site or in these Terms at any time without any other prior notice to you.
2. Restrictions on Use. You will not use the Site for any use other than the purpose for which it was intended. You will not take any of the following actions with respect to the Site or the server hosting the Site, nor will you use the Site to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content, or use the Site in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of, or decrypts the Site or server hosting the Site; (iii) manipulates or otherwise displays the Site by using framing, mirroring, or similar navigational technology or directly links to any portion of the Site; (iv) uses any robot, spider, scraper, or other automatic or manual means to access the Site or to copy any content or information on the Site; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances, or makes any derivative work from the Site; (vii) disables, overburdens, impairs, or otherwise interferes with or interrupts the Site or any hardware, software, system, or network connected with the Site; (viii) probes, scans, or tests the vulnerability of or breaches the authentication measures of the Site or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Site; (x) infringes the copyright, trademark, or any proprietary rights, or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads, or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious, unlawful, unauthorized, or contains defamatory, obscene, vulgar, hateful, or illegal information, images, materials, or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you.
Use of the Site, including the establishment and/or use of an Account or a Membership Plan (defined below) is limited to persons eighteen (18) years of age or older. If you are under 18, you may access the Site and engage in transactions only under the supervision of a parent or legal guardian and through the parent or legal guardian’s Account.
3. Privacy Policy. By using the Site, you also consent to our collection, use, and disclosure of your information in accordance with our Privacy Policy. The Privacy Policy is incorporated into these Terms and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Site and/or our services (including as described in Section 8 below).
4. No Warranties. THE SITE AND ALL MATERIALS ON THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE SITE OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SITE BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR THE SERVICES OR MATERIALS PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 16 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
5. Membership Plan Enrollment/Subscription. We offer various Membership Plans on an auto- renewing subscription basis. You may create an “Account” and enroll in a Membership Plan on the Site. When you enroll in a Membership Plan you will receive an email with details of your Membership Plan.
- When you enroll in a Membership Plan subscription, you are participating in a program through which the payment method associated with your Account and designated by you will be charged on a monthly basis for the charges associated with the level of Membership Plan that you have subscribed for. The amount you will be charged (including tax), when those charges will occur, and the benefits you are entitled to are all selected by you when you enroll and are also explained in the confirmation email sent to you upon your enrollment. Remember that you will be charged the selected amount in advance, on a monthly basis, unless and until you cancel.
- BY PURCHASING A MEMBERSHIP PLAN SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) WE (OR OUR THIRD-PARTY PAYMENT PROCESSOR) ARE AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, (II) THE AMOUNT YOU ARE CHARGED, THE FREQUENCY OF THE CHARGES, AND THE BENEFITS YOU WILL RECEIVE MAY VARY DEPENDING ON THE SELECTIONS YOU MAKE, AND (III) YOUR
MEMBERSHIP PLAN SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL OR PAUSE IT OR IT IS OTHERWISE TERMINATED; SEE BELOW FOR DETAILS ON CANCELING OR PAUSING YOUR SUBSCRIPTION.
- PROMOTIONAL TRIALS AND OTHER OFFERS. We may provide promotional offers that include free or reduced price access to the Site’s benefits for limited periods of time (“Promotional Periods”), but we are under no obligation to do so and Promotional Periods may not be available at all times. If we provide you with a promotional offer, you must cancel or pause your Membership Plan subscription at least 10 business days prior to the last day of your Promotional Period or else you authorize us to begin automatically charging your payment method on file on a monthly basis for the Membership Plan associated with your promotional offer at the end of your Promotional Period.
- PRICE AND BENEFIT ADJUSTMENTS. We reserve the right to adjust prices and/or the benefits included with our Membership Plans in our sole discretion at any time; provided, however, that we will provide you with at least 30 days’ advance notice of any changes with respect to the Membership Plan you’ve signed up for. Unless and until you cancel your Membership Plan after such notice has been delivered to you, your continuation in the applicable Membership Plan will constitute your acceptance of such changes.
CANCELING YOUR MEMBERSHIP PLAN. YOU MAY CANCEL YOUR MEMBERSHIP PLAN SUBSCRIPTION AT ANY TIME BY (1) GOING TO THE SITE, GO TO MY DETAILS SECTION OF YOUR ACCOUNT PAGE, SCROLL DOWN AND CLICK ON CANCEL MEMBERSHIP; OR (2) EMAILING US AT hello@preloveyou.com WITH THE SUBJECT LINE “CANCEL MY ACCOUNT” AND INCLUDING YOUR NAME AND EMAIL ADDRESS IN THE BODY OF THE EMAIL. YOU MUST CANCEL YOUR MEMBERSHIP PLAN AT LEAST 10 BUSINESS DAYS PRIOR TO YOUR NEXT BILLING DATE TO AVOID BEING CHARGED FOR THE NEXT MONTH.
Any unused Credits will be forfeited upon cancellation by you.
Any Account found to be in violation of these Terms will be subject to immediate termination by us without a refund of any Credits or membership fees.
- PAUSING YOUR MEMBERSHIP PLAN. You can pause your Membership Plan subscription for a period of up to three months per year (which need not be consecutive). To pause your Membership Plan, go to the Site, go to the My Details section of your Account page, scroll down, and click on “Pause Membership” and indicate how long you wish to pause for. In order to avoid being charged for the next month, you must pause your Membership Plan subscription at least fifteen (15) days prior to the next billing date. While your Membership Plan subscription is paused, your credits will be frozen and you may not transact on the Site during that month. Your Membership Plan will automatically be reactivated and you will be charged at the end of your selected pause period. If you try to pause for more than three months during a year, you will receive an error message and you will be limited to the three month maximum.
6. How Prelove You Works. We offer various Membership Plans on an auto- renewing subscription basis. You may create an “Account” and enroll in a Membership Plan on the Site. When you enroll in a Membership Plan you will receive an email with details of your Membership Plan.
a. MEMBERSHIP PLANS AND PRICING
- Limitless – $95/month, includes:
- Early access to new arrivals
- 75 Credit sign-up bonus
- Receive 75 Credits in your Account each month
- 20% enhanced Credits – EX. For a sweater you submit that we value at 20 Credits, you will receive 24 Credits
- Free shipping up to three times per month; for additional shipments that month, you will pay shipping at the rates determined by the carrier
- No restrictions on number of transactions each month
- Luxe – $65/month, includes:
- 50 Credit sign-up bonus
- Receive 50 Credits in your Account each month
- 10% enhanced Credits. Example: For a sweater you submit that we value at 20 Credits, you will receive 22 Credits
- Flat-rate shipping of $9.95 per order
- No restrictions on number of transactions each month
- Lite – $35/month, includes:
- 30 Credit sign-up bonus
- Receive 30 Credits in your Account each month
You pay shipping costs
May use Credits to purchase up to ten (10) items each
b. HOW YOUR MEMBERSHIP OPERATES; ADDITIONAL CONDITIONS
- We award credits (“Credits”) to users for items sent to us for listing or upcycling, or for any other purpose, as determined in our sole discretion.
- Credits are not legal tender, have no cash value, and are not redeemable or refundable for cash or any other form of monetary value. Credits are non-transferable (you cannot transfer Credits to anyone else) and can only be used to make purchases through our Site.
- The number of Credits awarded for each item submitted to us is determined solely at our discretion, based on factors including, without limitation, the type, brand, material, condition, and cleanliness of the item, and the submitting user’s Membership level. The minimum number of Credits awarded for an item is one (1) and the maximum is fifty (50); however, these thresholds may be modified at any time at our discretion without notice.
- We reserve the right to refuse or to revoke Credits for any reason, including but not limited to the misuse of our Services or the violation of these Terms.
- Credits do not expire, but are subject to forfeiture as described in these Terms.
- If you send back an item purchased with Credits, we do not guarantee that you will be
awarded the same number of Credits as you originally used to purchase the item. - Members can send in as many garments as they wish. If an item is not re-offered on our Site, we will issue one (1) Credit for responsibly upcycling the garment. All clothing sent to us becomes our property and will not be returned to you under any circumstances.
- Except as otherwise provided hereunder, members are responsible for all shipping costs associated with sending items to us. We aim to ship orders within five working days using USPS, UPS, or FedEx. Shipping times may vary based on carrier availability, and exceptions may apply under certain circumstances. Please contact us for further details if needed.
- All garments obtained through the Site can be returned to us at any time. If, in our sole discretion, the returned clothing is in “prelovable” condition and is added back to our Site, Credits will be issued according to our grading system.
- Orders can be canceled by either party if the item has not yet been shipped. Any orders flagged by our system as potentially fraudulent will be automatically canceled. This procedure is a safeguard to protect us against online fraud.
- Some garments may not have washing instructions labeled.
- For sanitary reasons, we do not accept underwear to make available through the Site, but you
may send them in for responsible upcycling. - Please allow 5-7 business days after we receive your items for us to process the clothing and issue Credits.
- Please note that images of items on the Site may vary slightly in color or texture from what you receive.
- Some of our clothing may come from homes with pets. If you have concerns regarding potential pet dander, we recommend laundering the items before use to ensure your comfort.
- PLY cannot be held responsible for any allergic reactions due to pet dander or detergents used prior to shipping. We encourage customers to order at their discretion and to launder items upon receipt if necessary to mitigate allergy concerns.
- To maintain high standards of quality and hygiene, we do not list or ship any clothing from homes where we know smoking is practiced. Clothing from such environments will be responsibly upcycled instead of being made available to members.
- Proposition 65 Notice to California Residents: California Proposition 65 (“Prop 65”) requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm after significant exposure. You may see Prop. 65 warnings based on information the seller has shared with us that we’re passing along to you. Further information regarding Prop 65 may be obtained online by visiting www.p65warnings.ca.gov.
- PLY is not responsible for any items lost or damaged during shipping, whether the items are being sent to us or shipped to the member. If an item is lost or damaged in transit, please contact us, and we will work with the shipping carrier to resolve the issue. However, we
cannot guarantee replacement or reimbursement in such cases. - Memberships and any associated Credits are non-transferable and non-assignable. Members may not sell, transfer, or assign their membership, Credits, or any other rights or obligations under these Terms to any third party without the express written consent of Prelove You, Inc.
c. REFERRAL PROGRAM
We offer a referral program through which you and your friends or contacts may receive Credits when you refer someone who enrolls in a Membership Plan and stays enrolled for at least one full month.
How it works:
- We will make a qualifying referral link (“Link”) available to you to share with your friends and contacts.
- For anyone who uses your Link to navigate to the Site and enrolls in a Membership Plan, we will reward you and them each with 25 Credits that we will deposit into your respective Accounts following the referred member’s completion of a full month’s paid membership.
- You are only eligible to earn Credits for referrals occurring while your Account is active.
- For an action to generate a referral, the referred Member must (a) use a browser that has its cookies setting enabled; and (b) follow the Link.
- If a potential referred member navigates away from the Site, we will reward you as the referrer if the referred Member re-enters during the cookie window UNLESS the referred Member subsequently re-enters through another member’s Link or from another marketing link (i.e. paid search, social, email, or other marketing).
- No member may generate referral Credits more than once.
We reserve the right to not award referral Credits in cases of suspected fraud or abuse of the referral program, including without limitation violations of Section 2 above
7. Registration, Access & Security. If you use any of our services, set up an Account with us, or otherwise provide us with any information either in person or through the Site, including without limitation, your name, birth date, age, payment card information, address, zip code, mobile phone number, email address, license plate number, and/or your password (collectively, your “Account Data”) for any Accounts associated with you, you agree to provide true, accurate, current, complete, and up-to-date information. If you provide any information that is untrue, inaccurate, non-current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current, or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Site (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Site and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your Account Data confidential. Anyone with knowledge of or access to your Account Data can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Site, and we reserve the right to change the access configuration of the Site at any time without prior notice.
8. Reviews, Comments and Other Content. If you post or submit any reviews, comments, photos, statements, ideas, questions, or other content, or any names or user names associated with any of the foregoing, to the Site, to us, or elsewhere (if such material is about us) (collectively, the “Content”), you acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 2 above) and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell, create derivative works from, or otherwise use the Content on any media and in any form for our business purposes, including without limitation for advertising and promotion. You also grant us the right to use your name, image, likeness or persona including any rights of publicity connected therewith to the extent it is included within the Content. You represent and warrant that all Content that you submit or post will comply with any applicable guidelines or rules of the United States Federal Trade Commission relating to truthfulness and transparency, including without limitation its Guides Concerning the Use of Endorsements and Testimonials in Advertising and its Rule on the Use of Consumer Reviews and Testimonials. You represent and warrant that all Content you submit to the Site or to us is accurate, truthful, and non-deceptive and that all Content has evidence to back up the claims you make.
9. Violation of Rules and Regulations; Disclosure of Information. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in, referenced in, or otherwise applicable to the Site, including without limitation these Terms, which includes our right to block access from a particular Internet address to the Site. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our Privacy Policy, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (ii) edit, refuse to post, or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.
10. Trademarks. All trademarks, service marks and logos that are used or displayed on the Site are owned by us or their respective third-party owners. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks, or logos used on the Site may be a violation of trademark laws. Additionally, our custom icons, graphics, logos, and scripting on the Site may be covered by trademark, trade dress, copyright, and/or other proprietary rights, and may not be copied, modified, or used, in whole or in part, without our prior written permission.
11. Copyright Infringement Notification. If content that you own or have rights to has been posted to the Site without your permission and you want it removed, please follow the steps listed in this section. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. We will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Site should be sent to us at:
By Mail:
Prelove You, Inc.
108 Village Square, #222
Somers, NY 10589
Attn: Customer Service/DMCA
By Email: hello@preloveyou.com with subject line “Attn: Customer Service/DMCA”
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- 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.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to us: - your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled; - a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within Georgia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
12. Indemnity. To the extent permitted under applicable law, you agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners, and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including without limitation reasonable outside attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Site; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of your Account.
13. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR A MEMBERSHIP PLAN, INCLUDING WITHOUT LIMITATION ANY MATERIALS, SERVICES, AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE SITE, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SITE; (B) ANY ACTION TAKEN BY OR IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SITE; AND (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (i) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (ii) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (iii) VIRUSES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE AND ANY PRODUCTS OR SERVICES PURCHASED FROM US, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN ONE HUNDRED UNITED STATES DOLLARS ($100.00). BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
14. Third Party Sites and Apps. Some links in or on the Site may navigate you away from the Site or redirect you to other websites, including websites operated by us and/or by third parties. The linked websites operated by third parties are not under our control, and the content available on the linked third party websites do not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third party website or the opinions expressed therein. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information from or about you as well as information about your visit. You should review the terms of use and privacy policies that are posted on any linked website that you visit before using it.
We are providing these links to other websites as a convenience to you, and access to any other websites linked to the Site is at your own risk. We are under no obligation to maintain any link on the Site and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
15. No Fiduciary Relationship. Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.
16. Right to Monitor. We reserve the right to actively monitor the use of the Site and use any information gathered during such monitoring for any permissible purpose under our Privacy Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from the Site that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purpose for the Site.
17. Electronic Communications and Notice. When you visit the Site or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending SMS or text messages to your mobile phone at the number you have provided as described in Section 18 below, or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable overnight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for PLY is Prelove You, Inc., 108 Village Square, #222, Somers, NY 10589. Any notice sent in the manner set forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.
18. SMS/Texting. You consent to receive SMS or text messages (“Text Messages”) from us and our marketing partners. Message and data rates may apply.
By consenting to receive these Text Messages:
- You expressly authorize us to use automatic telephone dialing system (“ATDS”) or non-ATDS technology to send Text Messages to the phone number you have identified.
- You authorize us to use Text Messages to send you marketing or promotional content related to our services.
Opting in to receive Text Messages is not a condition of any purchase or receiving any of our services.
You can opt out of receiving Text Messages at any time. Just text STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE in response to any Text Message you receive. After you send the Text Message opting out of receiving future Text Messages, we will send you a final Text Message to confirm that you have been opted out of future communications. If you want to join again, text START to the five-digit code from which you had received a Text Message, or opt back in via the App.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by emailing hello@preloveyou.com.
We are not responsible for delayed or undelivered Text Messages.
We may revise, modify, or amend the above at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Site. Your continued consent to receive Text Messages from us will indicate your acceptance of those changes. We may also notify you by other means, such as by sending you a Text Message if you have not opted out of receiving Text Messages.
19. Use Outside of the United States; Choice of Law; Venue. The Site is operated by us from our offices within the United States of America. We make no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. By using the Site, regardless of where you live or are located in the world, you consent to these Terms, and any claims relating to the information, services or products made available through the Site will be governed by the laws of the State of New York, U.S.A., excluding the application of its conflicts of law rules. These Terms will be governed by, construed, and interpreted without reference to the United Nations Conventions on Contracts for the International Sale of Goods. You agree that venue for all actions relating in any manner to these Terms and not subject to arbitration as provided below
will be brought in a federal or state court of competent jurisdiction located in Westchester County, New York, U.S.A.
20. Arbitration.
- Binding Arbitration. You and we acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and we agree that, except for (i) statutory or common law claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms, your relationship to us, and/or your use of the Site or any products or services acquired from us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.
- Waiver of Class Actions. YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.
- Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between you and us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, where applicable, and the Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”), except that you and we agree that the Mass Arbitration Supplementary Rules shall apply where (i) ten or more Consumer or Employment/Workplace or similar Demands for Arbitration (“Demand(s)”) are filed against or on behalf of the same party or related parties, or (ii) fifteen or more non-Consumer/non- Employment/Workplace or similar Demands are filed against or on behalf of the same party or related parties. For more information about arbitration, the AAA, and the arbitration process, please consult the American Arbitration Association website at http://www.adr.org. All issues are for the arbitrator to decide, except those issues relating to the scope, application, and enforceability of the arbitration provision – including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision – are for the court to decide. New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, including procedural aspects of the arbitration, and further agree that the California Arbitration Act, including without limitation Code of Civil Procedure §§ 1281.97-1281.99, shall not apply in the arbitration or any related court proceeding to enforce the right to arbitration. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide Notice of a claim to us, write to hello@preloveyou.com and use subject line “Notice of Claim”.
Unless you and we agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. All provisions of this section shall survive termination of your Account or your relationship with us.
21. Time Limit on Claims Against us. You agree that any claim you may have arising out of or related to your use of the Site or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
22. Severability and Waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
23. Assignment. We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void.
24. Our Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that could cause us irreparable and unquantifiable harm. You also agree that monetary damages could be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate without posting of a bond. These remedies are in addition to any other remedies we may have at law or in equity.
25. How to Contact Us. If you have any questions regarding the Site or these Terms, please contact at us at:
By Mail:
Prelove You, Inc.
108 Village Square, #222 Somers, NY 10589
Attn: Customer Service
By Email: hello@preloveyou.com with subject line “Attn: Customer Service”
26. Survival. Any provision of these Terms which by its nature is required to survive beyond termination of your Account will so survive.
