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Terms of service

 TERMS OF USE 


Please read these Terms of Use thoroughly before using the website, mobile applications, and products and services and associated software (collectively, the “Platform”) of Love Thy Rival, LLC and its affiliates (“LOVE THY RIVAL”). YOUR USE OF AND ACCESS TO THE PLATFORM OF LOVE THY RIVAL IS CONDITIONED UPON YOUR COMPLIANCE WITH AND AGREEMENT TO THESE TERMS. PLEASE PRINT A COPY FOR YOUR REFERENCE. 


ABOUT LOVE THY RIVAL AND THESE TERMS OF USE 

These Terms of Use (“Terms”) are your legal agreement governing (a) your use of the Platform owned and operated by Love Thy Rival, LLC, a North Carolina limited liability company, and/or one of its affiliates or subsidiaries (collectively referred to herein as “Love Thy Rival”, “Company”, “us”, “our” or “we”) and, (b) the purchase of products from the Platform. Your use of the Platform, including your purchase of our products confirms your agreement to be bound by these Terms without any reservations, modifications, additions or deletions, whether or not you have read them, and your use is subject to your continued agreement to and compliance with these Terms. If you do not agree to or cannot comply with these Terms, as may be amended or revised from time to time, you may not use the Platform and if you fail to comply with these Terms you may be denied access herein with or without notice. You will be be deemed to have agreed to any amendments to these Terms if you continue to use the Platform after any amendment or revisions are posted herein.


Our use of any personal information submitted to or via the Platform is governed by Love Thy Rival’s Privacy Policy located at http://www.TBD.com/privacy-policy (“Privacy Policy”) and is incorporated herein. 


LEGAL TERMS 


AUTHORITY.  The Platform is intended solely for users at least the age of majority in the state or jurisdiction in which you reside. You represent that you are at least the age of majority in your state or jurisdiction of residence and you have given us consent to allow any minor dependents to use the Platform.


ACCESS. You will be responsible to ensure that you have the necessary equipment to reasonably access the Platform. Please note that we may limit or restrict access to certain parts of the Platform, or its entirety, to registered users. You must provide accurate user registration details when prompted. If you choose, or you are provided with a username and password or other log-on identifier in connection with our security procedures, you shall keep such confidential. You are solely responsible for any and all activities that occur under your log-on identifier and as soon as you become aware you shall notify us immediately of any unauthorized use or other security breach. We maintain the absolute right to disable any log-on identifier if in our sole discretion we deem you to have failed to comply with any of these Terms or if any details you provide for the purposes of registering as a user prove to be false or inaccurate.


USE OF THE PLATFORM. Love Thy Rival has created the Platform to provide you with information about the offering of our products. You may only use the Platform for your personal, non-commercial use as an aid to shopping on the Platform and only in accordance with these Terms. In addition, you represent, warrant and agree that you will agree only use the Platform for lawful purposes in a responsible manner, and not in a way that might cause harm to our name or reputation or that of any of our affiliates. Your use is also subject to the following restrictions; (a) You may not gather information and data on the Platform from mining, bots or other extraction tools; (b) You may not attempt to circumvent any security or access control implemented by the Platform or interfere with the proper operation of the Platform or the use of the Platform by any users or the servers on which it is hosted; (c) You may not create links to the Platform from any other websites; (d) You may not interfere with the proper operation of the Platform in any way including but not limited to attacking or hacking into the private elements of the Platform through any means. You are specifically prohibited from using this Platform in any manner that is unlawful or for illegal activity or contrary to any of the terms herein.


UPDATES. We reserve the right to alter or update the format and content of the Platform at our discretion. 


LIMITATION OF LIABILITY.  Your use of the Platform is at your own risk. The Platform is provided “as-is” and without any warranty or representation in any manner whatsoever, and, to the fullest extent permitted by law, we disclaim any and all express and implied warranties relating to the Platform or the any of the products contained therein, conditions or other terms of any kind whatsoever, and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or your reliance on its content. We do not warrant that the content of the Platform will be error-free or will be free from viruses and/or other code that may have contaminating or destructive elements. You are responsible to implement appropriate IT security safeguards (including anti-virus and other security checks) to ensure the the safety and reliability of content.


INTELLECTUAL PROPERTY. Love Thy Rival owns any and all all intellectual property rights to the Love They Rival brand, trade name and in any content of the Platform (“Intellectual Property”), including text, service marks, graphics, software, photographs and other images, videos, sound, trademarks and logos. No Intellectual Property included herein is intended to grant to you any rights in, to or under any Intellectual Property. Except as expressly set out here, your use of the Platform does not confer to you any rights or licenses relating to Love Thy Rival’s Intellectual Property and you acknowledge that you do not acquire any rights by using the Platform. None of the Intellectual Property may be used, reproduced, published, displayed, modified, displayed, sold, or used in any way. The Platform is copyrighted, and such copyrights are owned by the Company.


DISCLAIMER. Love Thy Rival does not warrant that the technical elements of the Platform are error free or free of viruses, worms or other harmful disruptive components. Please note that the Platform may be unavailable from time to time for various reasons, including due to maintenance. Everything on the Platform is provided to you “as-is” without express or implied warranty of any kind, and Love Thy Rival shall not be responsible for any delays, interruptions, errors, defects, omissions, or deletions arising from or related to the Platform. Love Thy Rival shall not be responsible for any malfunction of any hosting services, servers or providers, computer or mobile phone equipment, software, failure of e-mail or in connection with the Platform, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using the Platform. In addition, Love Thy Rival does not assume any responsibility for your use of the Internet or any security breaches which may result therefrom and accordingly shall not be liable for any resulting damage. 


LOVE THY RIVAL MAKES NO REPRESENTATION OR EXPRESS OR IMPLIED WARRANTY WHATSOEVER REGARDING THE OPERATION OF THE PLATFORM OR THE CONTENTS AND PRODUCTS THEREON. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY LAW. LOVE THY RIVAL MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS OR THAT THE PLATFORM, SERVICES, OR SERVER DO NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. LOVE THY RIVAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE PLATFORM IN TERMS OF ITS ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LOVE THY RIVAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. LOVE THY RIVAL SHALL NOT BE HELD LIABLE IN ANY WAY FOR ANY DAMAGE, LOSS, OR INJURY ASSOCIATED WITH YOUR USE OF THE PLATFORM.


YOUR USE OF THE PLATFORM MEANS THAT YOU, ON BEHALF OF YOUR SUCCESSORS, ASSIGNS, HEIRS, AND REPRESENTATIVES, AGREE TO INDEMNIFY AND HOLD HARMLESS LOVE THY RIVAL AND ITS AFFILIATES, EMPLOYEES, OWNERS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY CLAIMS OR DEMANDS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY INFORMATION THAT YOU MAKE AVAILABLE TO LOVE THY RIVAL VIA THE PLATFORM OR YOUR BREACH OF THESE TERMS OR THE USE OF ANY INFORMATION YOU MAY OBTAIN FROM THE PLATFORM.


YOU CONSENT THAT NEITHER LOVE THY RIVAL NOT ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OFFICERS AND DIRECTORS ARE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE PLATFORM OR ANY ERRORS IN THE TECHNICAL OPERATION HEREOF, EVEN IF THE COMPANY MAY BE AWARE.  


Arbitration. You agree to resolve disputes only through arbitration. By use of the Platform you expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity. 


Jurisdiction. The laws of the State of North Carolina govern these Terms and your use of the Platform without reference to conflict of laws provisions. You irrevocable consent to the exclusive jurisdiction of the courts located Mecklenburg County, North Carolina for any action arising of these Terms or your use of the Platform.


Waiver and Severability.  If any provision herein is deemed to be unlawful, void or unenforceable, the remaining parts will continue to be valid, binding and enforceable unless otherwise required by applicable law. Our waiver of a breach of any provision of these Terms will not be interpreted as of waiver of any other breach.


NOTICES. If you have any comments or questions please provide them in writing to inquiry@lovethyrival.com.

 

CONDITIONS OF SALE 

Products on the Platform offered for sale are subject to availability and acceptance by Love Thy Rival. Furthermore, Love Thy Rival reserves the right to change the Assortment of Products at any time and without notice. In case your selection is not available after you have placed your order, we will notify you by email or by telephone, at which time you will be invited to select another available product as a substitution or you may cancel your order. 

Please note that each product is unique and individually made by hand whereby subtle variations in the actual product may differ from the photographed items on the Platform. Each product is sold "AS-IS" and without conditions or warranties, express or implied, whether arising from statute, course of dealing, usage of trade or otherwise.


PRICES.  All prices of our products are in U.S. dollars, excluding applicable taxes and shipping costs. We reserve the right to modify the prices at any time without prior notice. You will be charged the prices displayed on the Platform at the time your order is confirmed subject to availability. We reserve the right to reject or to cancel your order for any reason, including, but not limited to, item availability or any errors relating to the product.


TAXES. Applicable taxes will be added to orders shipping to those States within the United States requiring payment of tax, including, without limitation, North Carolina. 


ORDERS. 


a.)        Purchases of our products can be made via the Platform or by sending a direct message to @lovethyrival via the Instagram app. You also acknowledge that you have read, accept, and agree to abide by our return policies.     

       

b.)        If you wish to purchase a product from the Platform, you may do so by clicking on the products you wish to purchase and then following the prompts that will appear on your screen.  You acknowledge that by submitting your order, you agree to abide by the Terms of Use and Privacy Notice. You shall carefully review the payment page before finalizing your order.  

     

  c.)        Receipt of your order will be acknowledged via email setting forth the details of your order and will contain an order reference number. Please note that receipt of the email or acknowledgment does not constitute acceptance of your order. Your order is deemed an offer to buy a product but does not constitute acceptance of your order by Love Thy Rival. We reserve the right to accept or decline your order for any reason. You do, however, acknowledge that by completing your order on the Platform, you enter into an obligation to pay us for the product(s). 


d.)  We reserve the right at any time after receipt of your order to accept or decline your order for any reason, irrespective of whether you have been charged for the product. If your order is declined we will issue a credit your credit card or PayPal® account for any amount charged with respect to such order and notify you that your order was declined or canceled. 





PAYMENT. 


Payment is due immediately upon placement of your order, and all orders are payable in U.S. dollars. Upon placing an order on the Platform your billing address must correspond to the address of your credit card, and we reserve the right to ship only to the billing address. You may pay for your purchase using a valid MasterCard®, Visa®, Discover®,  American Express® or via PayPal® whereby you will be re-directed to your PayPal® account to complete the purchase. All credit/debit card holders are subject to validation checks and authorization by the card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that your card issuer may charge you an online handling fee or processing fee, which fees are your sole responsibility.  Your order will only be shipped once we have verified your payment method and received authorization to process your payment. Your credit card will be charged upon placing your order.  Please note that your selected method of payment can impact the timing of your order delivery.


SHIPMENT. 


Unless otherwise specified herein, all domestic orders to the contiguous United States will be shipped via Federal Express and offer you the choice of free 2-day or overnight shipping for a fee. All orders will require a signature of an adult on delivery. In addition, please note that shipping time may vary from product to product. Shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. We do not ship to PO Boxes so please provide a physical address. All orders are subject to product availability. Note that there may be deliver delays due to circumstances beyond our control.


PRODUCTS. 


We try to ensure that the products are accurately displayed on the Platform. We reserve the right to alter or modify any information at any time without notice. We do not guarantee, whether express or implied, the accuracy or completeness of any of the information on the Platform.  Accordingly, if you have any questions about a product, please contact us at hello@lovethyrival.com prior to placing your order. We are happy to answer any questions. However, we will not be liable for any error or inaccuracy in the photographs or graphical representations of the products on the Platform. 


RETURNS POLICY. 


Returns or exchanges must be requested within 24 hours of receipt and sent back to us insured and pre-paid by you within 48 hours of receipt. Returns must be received by Love Thy Rival within seven (7) days. All products will be subject to strict quality control inspection, and the original packaging must be intact. We reserve the right to refuse a return or exchange if the piece received is determined to not be in its new, pristine and unused condition together with original Love Thy Rival packaging. All special or custom orders or items purchased outside of this Platform are final, including any and all modifications requested by client, including but not limited to sizing, engraving, personalization or made to order pieces,  cannot be returned for exchange or refund.