Terms of Use

Last Updated May, 2023

IMPORTANT!  PLEASE CAREFULLY READ THESE TERMS OF USE (“TOU”) BEFORE USING OUR WEBSITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These TOU only apply to our Websites which are owned, controlled and/or operated by or on behalf of Fast Fashion E-Com, Inc. (“Luvente,” “we,” “our,” or “us”), however accessed and/or used, whether via personal computers, mobile devices or otherwise (our “Website” or “Websites”), or other interactive features or protocols that are owned or operated by Luvente and are available through our Websites, that interact with our Websites or link to these TOU.  You agree to these TOU by accessing or using our Websites, registering for, purchasing or using any of the products or services offered on our Websites, or by accepting, uploading, submitting or downloading any information or content from or to our Websites.

Our Websites are intended exclusively for residents of the United States ages 18 and above.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE OUR WEBSITES.

Modifications.

We may modify these TOU at any time without notice to you by posting revised TOU on our Websites and such modification will be immediately effective upon posting by Luvente on our Websites.  If we make any changes to these TOU, we will change the “Last Updated” date above.  Your continued use of our Websites after we post revised TOU constitutes your binding acceptance of these TOU, including any modifications that we make.  Your use of our Websites will be governed by these TOU in effect on the date you access our Website.  It is therefore important that you review these TOU regularly to ensure you are updated as to any changes.

Privacy Policy.

Our Privacy Policy (“Privacy Policy”) describes our practices concerning data that you provide or that we collect about you through our Websites, and you consent to our use of data in compliance with the Privacy Policy.  Our Privacy Policy is posted on our Websites.

Website Content and Ownership.

The past, present and future content on our Websites, including, without limitation: organization, graphics, text, images, technology, applications, artwork, information, data, designs, compilations, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to our Websites, including, without limitation, the “look and feel” of our Websites (collectively, “Content”), are protected by applicable U.S. copyright laws, international conventions, other applicable copyright laws and other proprietary (including, but not limited to, intellectual property) rights and are owned or controlled by Luvente, its subsidiaries, affiliates or licensors.  Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Luvente, no rights (either by implication, estoppel or otherwise) are granted to you.  Any and all rights to use any Content not expressly granted to you under these TOU are hereby reserved for Luvente and/or its subsidiaries, affiliates or licensors.  Nothing contained in these TOU will affect, impair or limit in any way Luvente’s rights to exploit fully any or all of the Content.  Our Websites and the Content are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on our Websites for your personal use only.  No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  Except pursuant to the express limited grant of rights hereunder, you are prohibited from copying, reproduction, alteration, rearrangement, sale, leasing, licensing, renting, distributing, redistributing, modifying, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, publishing or otherwise exploiting the Content, directly or indirectly, including removing or altering the Content.  You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of our Websites (including the Content) or as Luvente may impose from time to time.  Moreover, you agree that you will not remove any proprietary notices or labels contained in or on the Content.  Copying, archiving or storing any part of our Websites for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Luvente or the applicable copyright holder as identified on our Websites.  You acknowledge and agree that you will not acquire or claim any rights in the Content, or aid or abet anyone else in doing so.  The terms of this Section do not apply to information you submit to our Websites in connection with any Upload Information addressed below.

The information contained on our Websites is intended for general information purposes only.  We have made reasonable efforts to ensure that the information on our Websites is accurate at the time of posting, however there may be inaccuracies and occasional errors.  We make no representations or warranties about the information provided on or through our Website, including but not limited to information obtained through links to any third-party websites, and we do not assume any responsibility for updating information provided on or through our Websites.  We accept no liability for any inaccuracies or omissions in our Websites and any decisions based on information contained in our Websites are the sole responsibility of the user.

Restrictions; Termination.

You agree not to use our Websites, including without limitation, posting any User-Generated Content (as defined below) to:

• Promote surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• Upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
• Use any material or information, including images or photographs, which are made available through our Websites in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• Restrict or inhibit any other user from using and enjoying our Websites;
• Harvest or otherwise collect information about others, including e-mail addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of misleading others; or
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of our Websites or other user or usage information or any portion thereof.

We reserve the right, at any time and without notice, to modify, alter, suspend or terminate all or any part of our Websites and to restrict or prohibit access to them.  Luvente shall not be liable to any party for such modification, alteration, suspension, restriction or termination.  If you object to any of the terms set forth in these TOU, you may discontinue use of our Websites.

These TOU will survive any termination of your access to our Website, whether we terminate your access or you voluntarily discontinue your use.

You agree that we will not be liable to you or any third party for taking any of these actions.

User Generated Content.

If and to the extent that we elect to accept user-generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Website (“User Generated Content”) that may be accessible and viewable by the public.  We do not claim ownership of User Generated Content.  However, by posting User Generated Content, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, royalty-free license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform and otherwise exploit your User Generated Content, in whole or in part, for any purpose, including for promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you.  We will own all right, title and interest in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Content (but not your original User Generated Content). You waive any moral rights you may have in and to your User Generated Content.  With respect to User Generated Content posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Content that you post on the Website. 

If and to the extent that we elect to accept User Generated Content, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Content posted on the Website, at any time and for any reason, without notice, including to ensure that all such User Generated Content complies with these Terms of Use.  We do not endorse any User Generated Content and the User Generated Content posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Content and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Content.  We take no responsibility and assume no liability for any User Generated Content that you or any other user or third-party posts or sends on or through the Website, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. 

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other users.   Notwithstanding our rules with regard to User Generated Content, you may be exposed to content on the Website that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Use.  We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Content on the Website, whether or not it violates our Terms of Use. 

If and to the extent that we elect to accept User Generated Content, please choose carefully the information you post on the Website and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity.  You assume all risks associated with dealing with other users with whom you come in contact through the Website, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Content posted on the Website and from any claims related to the conduct of any other users.

Compliance with Law.

You shall not use our Websites for any illegal purposes. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages and/or interfere with the operation of our Websites or with the enjoyment of our Websites by other users.

Links to Third-Party Sites.

The presence of links to third-party sites does not constitute or imply endorsement by Luvente of the opinions or views expressed by these linked websites, and Luvente does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites.  Furthermore, Luvente is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by or through such third-party sites.  To the extent that third-party sites collect personally identifiable information from you, please be advised that in no event shall Luvente assume or have any responsibility or liability for the manner in which such information is collected or for any claims, damages or losses, whether in contract, tort (including negligence) or otherwise, arising out of it in connection with your access to and/or use of those sites.  In no event will Luvente be liable to you for any direct, indirect, incidental, consequential, or special loss or other damage arising out of or in connection with your use of any such third-party site.

Copyrights and Copyright Agent.

If you believe that material posted on our Websites infringes your copyrights, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”):  (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of copyright infringement on or regarding our Websites can be reached as follows:

Berkowitz Trager & Trager LLC
8 Wright Street
Westport, Connecticut 06880
Attention: Jamie Kim, Esq.

 

Upon receipt of a Notification, our service provider will take such action as appropriate under the DMCA.

Registration; Other Information.

• Registration. Joining and registering on our Websites is free.  To become a registered member (“Member”), we ask you to provide certain Personal Information, as further described in our Privacy Policy.  You agree to provide accurate, complete and up-to-date Personal Information during the registration process, and to maintain the accuracy of such information while you use our Websites.  When you sign up to become a Member, you will be asked to choose a username and password, which will enable your access to our Websites.  You are solely responsible for any and all use of your username and password and for maintaining their confidentiality.  You agree not to provide your username and password to any other person or to use another member’s username and password at any time.  You agree to notify us immediately if you suspect any unauthorized use of or access to your username and/or password.  You are responsible for any use or misuse of your account or our Websites resulting from any third party using a password or username issued to you.  
• Taxes. We will charge you applicable taxes, if any.  All fees and currency amounts are quoted in U.S. Dollars.

Products and Product Availability.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to the unavailability of a product.  Products may sell quickly and there may be a short period of time after an order has been submitted but where the product is no longer available.  We may cancel your order after you have received an order confirmation without penalty.  On very rare occasions, you may receive shipping confirmation from us, but the product is no longer available.  We may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.  If you are interested in a piece of jewelry that is currently on backorder, call us and we can tell you when the item will be back in stock.  Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on our Websites. If this happens, we will contact you directly to discuss possible options.

Products may appear on the Website larger or smaller than their actual size.  Due to the variation in computer monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, all diamond, precious and semi-precious stone weight can have a variance of 5% from stated weight.  In compliance with industry standards and FTC regulations, gold weight can have a variance of 5% stated weight.  Color and clarity grades are expressed as an average depending on the number of diamonds.  If expressed as an average, collectively the quality is equal to or exceeds the grade stated.

Pricing.

Data, including prices, may be inaccurately displayed on our Websites due to system or typographical errors. While we make every attempt to avoid these errors, they may occur.  We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices.  If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation.  If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices.  Our prices are also subject to change without notice.  We apologize for any inconvenience that this may cause.  We do not negotiate prices on our products and all our prices are final.

Payment Information.

After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have.  By entering your payment information and submitting your order, you authorize us and our third-party payment processors to charge the amount of the order to your selected payment method.

Trademarks.

Any product or service name or slogan contained in our Websites are trademarks of Luvente and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Luvente or the applicable trademark holder.  You may not use any metatags or any other “hidden text” utilizing “Luvente” or any other name, trademark or product or service name of Luvente without our prior written permission. All other trademarks, registered trademarks, product names and Luvente or logos mentioned in our Websites are the property of their respective owners.

Your Conduct on our Websites.

If we request registration information from you, you will provide us with true, accurate, current and complete information.  If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account.  You will promptly update your registration to keep it true, accurate, current and complete.  If we issue you a password, you may not reveal it to anyone else.  You may not use anyone else’s password.  You are responsible for maintaining the confidentiality of your accounts and passwords.  You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security.  You also agree to exit from your accounts at the end of each session.  We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

Indemnification.

You agree to defend, indemnify and hold harmless Luvente, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, members, owners, vendors, partners, contractors, agents, attorneys, licensors, successors, assigns or other representatives of each of them (“Luvente Parties”), with respect to any and all actions, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, deficiencies, interests, penalties, fines, costs and expenses of whatever kind, including reasonable attorneys’ fees arising out of or in connection with these TOU, including, without limitation:  (a) your use of our Websites; (b) your violation of these TOU, any Additional Terms or any law, rule or regulation, including, without limitation, those relating to intellectual property infringement, defamation or authorization; (c) your use of the Content.  You will cooperate as fully and reasonably as required by Luvente in the defense of any claim.  Notwithstanding the foregoing, Luvente retains the exclusive right to assume the exclusive defense and control of any matter for which you are required to indemnify us and/or settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Luvente herein under the terms and provisions of this Section and in no event shall you settle any such claim in any way that is adverse to Luvente or requires any payment or admission of fault by Luvente without Luvente’s prior written approval.

Disclaimers.

We disclaim any responsibility for the deletion, the failure to store, the misdelivery or the untimely delivery of any information or material.  We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our Websites.  We disclaim any responsibility for, and you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our Websites, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, pandemic or any other cause beyond our reasonable control.

OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM OUR WEBSITES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LUVENTE MAKES NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) OUR WEBSITES; (B) THE CONTENT ON OR AVAILABLE THROUGH OUR WEBSITES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH OUR WEBSITES; (D) THE MESSAGES AND INFORMATION SENT FROM OUR WEBSITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO, HYPERTEXT LINKS; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR WEBSITES OR ANY LINKED SITE.  LUVENTE DOES NOT REPRESENT OR WARRANT THAT: (I) OUR WEBSITES, ANY OF OUR WEBSITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; OR (III) OUR WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LUVENTE DOES NOT REPRESENT OR WARRANT THAT YOUR ACTIVITIES OR USE OF OUR WEBSITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND IN ANY EVENT, LUVENTE SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF OUR WEBSITES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE OUR WEBSITES OR THE CONTENT.  FURTHER, LUVENTE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.  YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.  LUVENTE AND ITS DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR THE USE OF OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT LUVENTE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF OUR WEBSITES AS SET FORTH BELOW:

• TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LUVENTE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, CONSEQUENTIAL, OR STATUTORY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) OUR WEBSITES OR THE CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF OUR WEBSITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LUVENTE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF OUR WEBSITES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN OUR WEBSITES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF LUVENTE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF OUR WEBSITES), OR UNDER FEDERAL OR STATE STATUTES OR REGULATIONS. IN NO EVENT SHALL LUVENTE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL LUVENTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
• THE LUVENTE PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
• YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITES OR THE CONTENT.
• BY ACCESSING ANY OF OUR WEBSITES, 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 EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT 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.

Children’s Online Privacy Protection Act Notification.

You may only use the Website if you are 13 years of age or older.  To register for an account, purchase products via the Website, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over.  If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Website.   To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

Pursuant to 47 U.S.C. Section 230(d) as amended, Luvente hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Governing Law, Venue and Jurisdiction.

THESE TOU, WITH THE EXCEPTION OF CERTAIN MATTERS GOVERNED BY THE FEDERAL ARBITRATION ACT AS SPECIFIED BELOW, SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OTHERWISE MAY BE APPLICABLE.  YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL ACTION OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO OUR WEBSITES, YOUR USE OR ACCESS THEREOF, OR THESE TOU, TO THE EXTENT THE ACTION OR PROCEEDING IS NOT SUBJECT TO ARBITRATION, MUST BE EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK, AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THESE COURTS LOCATED IN NEW YORK, NEW YORK FOR ANY SUCH LEGAL PROCEEDING.

Authority.

You represent that you have all requisite legal capacity, power and authority to agree to be bound by these TOU, and to perform all of the acts and obligations set forth in these TOU.

Dispute Resolution.

PLEASE READ THIS CAREFULLY.  IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING OUR WEBSITE, YOU AND LUVENTE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.  YOU AND LUVENTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING.  ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS.  CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

You and Luvente agree that any and all claims and disputes arising from or relating in any way to the subject matter of these TOU, your use of our Website, or your and Luvente’s dealings with one another in connection with our Websites shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this Section.  This agreement to arbitrate is intended to be interpreted broadly.  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. The arbitration will be conducted using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with Section 5 of the Federal Arbitration Act (“FAA”).  For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Luvente must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.  If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in the County of New York, the State of New York.  The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

There is no judge or jury in arbitration.  Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.  Neither you nor Luvente will be able to have a court or jury trial or participate in a class action or class arbitration.  You and Luvente each understand and agree that by agreeing to resolve any dispute through individual arbitration. 

YOU AND LUVENTE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL.  ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING.  THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, YOUR USE OF OUR WEBSITE, OR YOUR AND LUVENTE’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH OUR WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES.  AFTER SUCH TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You and we agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator.  Notwithstanding any provision in these terms to the contrary, if the class action waiver above is deemed invalid or unenforceable, neither you nor are we entitled to arbitration.  If the arbitration provision in this Section is found unenforceable or to be not applicable for a given dispute, then the proceeding must be brought exclusively in the state and federal courts of competent jurisdiction located in the County of New York, the State of New York, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these TOU.  This arbitration agreement will survive termination of your use of our Website.  This arbitration agreement involves interstate commerce and, therefore, shall be governed by the FAA, and not by state law.  Information on AAA and how to start arbitration can be found at www.adr.org.

If you wish to opt-out of the agreement to arbitrate, within forty-five (45) days after when you first use our Websites or submit through our Websites a request for information, you must send Luvente a letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following address:

Fast Fashion E-Com, Inc.
49 West 23^rd Street, 7^th Floor
New York, New York 10010
Email: info@luvente.com

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or federal courts of competent jurisdiction located in the County of New York, State of New York and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these TOU.

Miscellaneous.

We may be required by state or federal law to notify you of certain events.  You hereby acknowledge and agree that such notices will be effective upon our posting them on our Websites or delivering them to you via email.  You may update your email address by visiting our Websites where you have provided contact information.  If you do not provide us with accurate information, we will not be responsible for failure to notify you.  These TOU constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.

Luvente’s failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

These TOU, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Luvente and govern your use of our Websites, superseding any prior agreements that you may have with Luvente.

If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the TOU shall continue in effect.