Terms of service

TERMS OF SALE

Last Updated: 08/21/2023

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ISMYOV INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. WITHOUTH LIMITING THE FOREGOING, IF YOU ARE UNDER 18, YOU MUST LET YOUR PARENT OR GUARDIAN KNOW ABOUT ISMYLOV INC. PRIVACY POLICY BEFORE YOU USE THIS WEBSITE.

1. Introduction

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through IS MY LOVA Fashion (the "Site"). These Terms are subject to change by ISMYLOV INC. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site available at ismylova.com. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see 18).

2. Registration and account.

Terms You can use our Site as a guest, but to use some of the services or features made available to you on this Site you will need to register for an account. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at info@ismylova.com. We may also change registration requirements from time to time. Here are the some of the benefits you’ll be able to enjoy by registering an account with us:

Track your orders and review past purchases.
Add sold out items to your Wish List so you can see if more stock arrives.
Save your address and card details.
Add a Gift Card and keep track of any store credit on your account.
Manage your account details, address book and email preferences.

To create an account, simply click on the button in the top right menu and then REGISTER ACCOUNT to fill in your details. The account password you create should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care team at info@ismylova.com. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

If you have forgotten your password, click here to change it or follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. You will be able to reset your password through a verification link sent to your email. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

3. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. Once your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

If an item is sold out, you may choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and ISMYLOV INC. will be perfected when we dispatch the goods to you at which time you will receive a second email containing your tracking number and confirming that your order has been processed and dispatched.

Notwithstanding anything to the contrary contained herein, we reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

4. Prices and Payment Terms.

- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will vary depending on the products that you have ordered and your delivery address be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We may charge and collect applicable sales or use taxes on purchases made through the Site. Even if sales or use tax is collected, your purchase may be subject to sales or use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
- We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- Terms of payment are within our sole discretion and payment must be received by us before we accept an order. The Site supports Shopify Payments for all purchases, thus accepting payments through the major credit cards, Apple Pay, Google Pay, Shop Pay, Shop Pay Installments, PayPal Express. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

5. Gifts Cards, Promotion Codes

Gifts Cards.

- - Gift Cards are redeemable towards the purchase of eligible goods and services through the Site or at the IS MY LOVA physical store. Eligible goods and services, and affiliated properties, are subject to change in our sole discretion. If a purchase exceeds the balance on your Gift Card, the remaining amount must be paid with another payment method. Upon redemption, any unused balance will remain on the Gift Card for future purchases.
  - Gift Cards cannot be returned; resold; cancelled; used to purchase other Gift Cards; used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes; redeemed for more than face value; transferred for value; or redeemed for cash or returned for a cash refund (except to the extent required by law). Gift Cards may not be applied toward the purchase of goods or outside of the United States.
  - For balance inquiries and to obtain information about Gift Cards, please make reference to your account, call 954 288 8822, or inquire at the IS MY LOVA physical store.
  - Gift Cards do not expire, and there are no fees associated with any Gift Cards.
  - If you violate these Terms, we suspect or believe that a Gift Card was obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of these Terms, or use any Gift Card in a manner that we suspect or believe is fraudulent, misleading, deceptive, unfair, or otherwise harmful to ISMYLOV INC., its affiliates, or its customers, we reserve the right, without notice to you, to cancel, hold, void, or refuse to accept such Gift Cards without a refund, suspend or terminate accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment.
  - Title and risk of loss for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or the designated recipient, our delivery to the carrier, or at the time of purchase for in-person transactions, whichever is applicable. Gift Cards must be obtained from ISMYLOV INC. You are responsible for safeguarding your Gift Card from unauthorized use. ISMYLOV INC. will not be responsible if any Gift Card is lost, stolen, destroyed, or used without your permission. ISMYLOV INC is not responsible for, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.
  - Promotion codes. Promotion codes cannot be applied to previously placed orders and cannot be combined with other discount promotional codes. Promotional codes are not transferable or redeemable for cash or credit. Promotional codes may not be applied to certain products.

6. Shipments; Delivery; Title and Risk of Loss.

- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
- Title and risk of loss pass to you upon delivery to the destination specified by you (F.O.B. Destination, freight prepaid and added). Shipping and delivery dates are estimates only and cannot be guaranteed. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we are not liable for any delays in shipments, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

7. Returns and Refunds.

Please carefully review our Returns and Refunds Policy available at https://ismylova.com/policies/refund-policy

8. Intellectual Property Rights.

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including all HTML and other code contained in this Site, shall remain at all times vested in ISMYLOV INC. and/or are the property of their respective owners. All such Content, including third-party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by ISMYLOV INC. and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

9. Content.

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. ISMYLOV INC. tries to ensure that the information on this site is accurate and complete. ISMYLOV INC. does not warrant or represent that ISMYLOV INC.’s Content is accurate, error-free, or reliable or that your use of ISMYLOV INC.’s Content will not infringe the rights of third parties. Your use of the Site is at your risk. ISMYLOV INC. does not warrant that the functional aspects of the Site or ISMYLOV INC.’s Content will be error free or that this Site, ISMYLOV INC. Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or ISMYLOV INC.’s Content results in the need for servicing or replacing property, material, equipment, or data, ISMYLOV INC. is not responsible for those costs. Without limiting the foregoing, everything on the Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. ISMYLOV INC. and its suppliers make no warranties about ISMYLOV INC. Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. ISMYLOV INC. reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that ISMYLOV INC. is not liable to you or any third party for any such withdrawal.

Opinions expressed on ISMYLOV INC. are the personal opinions of the authors and do not reflect the views of ISMYLOV INC. By posting you agree to be solely responsible for the content of all information you contribute. You also grant ISMYLOV INC. the right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hours to be displayed but ISMYLOV INC. does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please mail info@ismylova.com. ISMYLOV INC. reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Site is available to the public, information you consider confidential should not be posted to this Site.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of ISMYLOV INC. and we accept no responsibility for any such views expressed in any media.

10. No commercial use.

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

11. Your activity.

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.

12. Third party.

We may include hyperlinks on this Site to other websites or resources operated by parties other than ISMYLOV INC., including advertisers. ISMYLOV INC. has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

13. Digital Millennium Copyright Act.

We respect the intellectual property rights of others and require that the people who use the Site do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
Description of the allegedly infringing material and information reasonable sufficient to permit us to locate the material;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information for ISMYLOV INC.’s Copyright Agent is:

14. Termination.

Without prejudice to Section 13 above, You agree that ISMYLOV INC. may terminate or suspend your access to all or part of this Site, without notice, for any conduct that ISMYLOV INC., in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of another user or ISMYLOV INC. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property Rights," "Warranties, Disclaimers”, “Limitations of Liability," Indemnification," "Governing Law and Jurisdiction" and "Your Activity" Sections of these Terms.

ISMYLOV INC. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms, you agree that ISMYLOV INC. shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

15. Warranties and Disclaimers.

We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, to the fullest extent permissible by applicable law, we disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the Site. Without limiting the generality of the foregoing, we expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions. All products and services purchased on or through the Site are subject only to any applicable warranties from their respective manufacturers, distributors and/or suppliers, if any.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE MATERIALS CONTAINED HEREIN, AND ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE INCLUDING GIFTS CARDS ARE PROVIDED “AS IS” AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ISMYLOV INC. MAKES NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS; (V) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (VI) A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU DECLARE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY INCORRECT OR INACCURATE INFORMATION; (IV) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (V) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (VI) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE; (VII) FOR ANY BREACH OF WARRANTY CLAIMS; OR (VIII) FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL WE BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

16. Indemnification.

You agree to indemnify, defend and hold harmless ISMYLOV INC. and its officers, directors, agents, affiliates, licensors, and suppliers, against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of these Terms, your infringement or violation of any rights of another, or termination of your access to the Site.

17. Privacy.

We respect your privacy and are committed to protecting it. Our Privacy Policy, available at ismylova.com, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

18. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

18. Governing Law and Jurisdiction.

This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

19. Dispute Resolution and Binding Arbitration.

YOU AND ISMYLOV INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 21. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any individual consumer's arbitration fees/If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ISMYLOV INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

21. Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 22 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

22. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ISMYLOV INC.

23. No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

24. Notices.

To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to ISMYLOV INC., at 10392 Harrier street, Plantation, 33324. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

25. Severability.

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

26. Entire Agreement.

Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Terms of service

Cart

Select options