This policy was last updated on: June 23, 2023

 

OVERVIEW

 

This website is operated by Izzy & Liv. Throughout the site, the terms “we”, “us” and “our” refer to Izzy & Liv. Izzy & Liv offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our service (our service may be referred to as “Service” or “The Service”) and you agree to be bound by the following terms and conditions (“Terms” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, guests, and/or contributors of content.

 

Please read these Terms carefully before accessing or using our website, or placing an order. By accessing or using any part of the site, you agree to be bound by these Terms.

 

IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE, USE ANY OF OUR SERVICES, OR MAKE ANY PURCHASES FROM US.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

 

If these Terms are considered an offer, acceptance is expressly limited to these Terms.

 

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE USE

 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

You further agree that any orders being placed are for end-user, non-competitive, and non-regulatory use.  Any orders for competitive, analysis, regulatory, or non-end-user use shall not be placed through the Site but must be emailed to info@izzyandliv.com  with “COMPETITIVE OR NON-END-USER ORDER” in the subject line.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy located at https://www.izzyandliv.com/pages/shipping.

 

SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party, and you agree to indemnify us against all claims made against us due to any violation of this Section by you.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated into these Terms by reference. To view our Privacy Policy visit https://www.izzyandliv.com/pages/privacy-policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - PRICES AND PAYMENT TERMS

 

Unless otherwise noted, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and order confirmation email. 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 and/or withdraw any order confirmation arising from such occurrences.

 

Terms of payment are within our sole discretion and full payment must be received by us before our acceptance of an order. We accept most major credit cards for all purchases. You represent and warrant that (i) the credit card and other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card and/or other payment method for the purchase, (iii) charges incurred by you will be honored by you or 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.

 

SECTION 14 - THIRD-PARTY ALTERNATIVE INSTALLMENT PAYMENTS 

 

For your convenience we may offer you the ability to pay for our goods and services in installments through third-party services and platforms such as Klarna, Affirm, ShopPay Installments, Afterpay, etc. By using these third-party services, you agree that we shall in no way be liable for any issues that may arise in connection with your use of those services.  You further agree that you will be fully responsible to pay the full amount of any monies owed to us, regardless of an alternative payment method being chosen by you.

 

SECTION 15 - 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 our transfer of the products to the carrier unless you choose shipping protection insurance.  By opting out of shipment protection, you are declining coverage for lost, damaged or stolen orders.

 

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

Signature confirmation upon delivery may be required when the full amount of the order (including shipping and taxes) is $750 or more.

 

For more information please see our shipping policy located at https://www.izzyandliv.com/pages/shipping.

 

SECTION 16 - RETURNS AND REFUNDS

 

Please see our return policy located at https://www.izzyandliv.com/pages/shipping.

 

SECTION 17 - PROMOTIONS

 

Any Promotions made available through the Site may be governed by rules that are separate from these Terms.  If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

SECTION 18 - MANUFACTURER'S WARRANTY AND DISCLAIMERS

 

EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ITS PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

 

SECTION 19 - THIRD PARTY PRODUCTS WARRANTY

 

We do not manufacture or control any of the third-party products or services offered on our Site. The availability of third-party products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to those products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

 

ALL THIRD-PARTY PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” 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.

 

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

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

SECTION 20 - GOODS NOT FOR RESALE OR EXPORT

 

You represent and warrant that you are buying products or services from the Site as an end-user for your own personal or household use only, and not for resale, export, or other uses beyond those of an individual consumer. You further represent and warrant that all purchases are intended for final delivery to locations within the US, unless you notate otherwise in the “Ship To” section of your order.

 

SECTION 21 - 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, pandemic, 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.

 

SECTION 22 - SMS POLICY

 

We may allow several different opportunities, such as a entering a phone number online, to opt-in to SMS services.  The opt-in received may include verbiage such as “TEXT JOIN to 94602 to sign up to receive Notifications from Izzy & Liv.” 

 

By agreeing to this Policy and providing us with your mobile phone number when you opt into the Service, you are providing written consent for us to contact you by text message at your mobile phone number using an automatic telephone dialing system or device, or any other computer assisted technology as applicable.  This consent overrides any previous requests you may have made to be listed on the Telephone Consumer Protection Act’s (“TCPA’s”) Do Not Call registry.  You may receive recurring messages regarding promotions, sales, new products, and information regarding your orders.

 

You can cancel the Service at any time by texting "STOP" to 94602. After you send the SMS message "STOP" to us, we will send a message to you confirming that you have been unsubscribed.  After this, you will no longer receive SMS messages from us unless you subscribe to our SMS service again in the future. 

 

We do not send unsolicited messages to individuals who have not actively subscribed to our SMS text message list.  We also do not send messages that contain confidential information, threats of violence, hate speech, or graphic violence, or messages that pertain to alcohol to age-verified subscribers.

 

Although not guaranteed, we can deliver messages to most mobile phone carriers.

 

Under no circumstances will we or your mobile phone carrier be liable for delayed or undelivered messages.

 

Message and data rates may apply for any messages sent to you from us and to us from you, and we are not liable for the cost of those messages. If you have any questions about your text plan or data plan, or the cost of text messages, you must contact your wireless provider. For other questions about the Service provided, you can send an email to info@izzyandliv.com.  

 

You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Service, and you agree that we will not be liable to you if this occurs.

 

You understand that you are not required to consent to the Service to receive any other services from us.

 

SECTION 23 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Izzy & Liv, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 24 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Izzy & Liv and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 25 - SEVERABILITY

 

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 26 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 27 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

These Terms and any policies or operating rules posted by us on this site or in respect to The Service and our products constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 28 - GOVERNING LAW

 

These Terms and any separate agreements whereby we provide you Services, all related documents, including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the state of New Jersey, U.S.A.

 

SECTION 29 – DISPUTE RESOLUTION AND BINDING ARBITRATION

 

YOU AND IZZY & LIV ARE AGREEING TO GIVE UP 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.

 

Unless exclusive remedies have been explicitly provided for otherwise in this Agreement and the aggrieved party seeks to enforce its rights in accordance with those remedies, and unless an action seeking only injunctive relief or an action to enforce an arbitrator’s award is sought, the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this Agreement shall be those contained in this Dispute Resolution and Binding Arbitration section.

 

1. FOR ANY DISPUTE, CLAIM OR CONTROVERSY UNDER $25,000 IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS SMALL CLAIMS RULES & PROCEDURES EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
2. FOR ANY DISPUTE, CLAIM OR CONTROVERSY $25,000.00 OR MORE IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS FASTTRACK RULES & PROCEDURES FOR CLAIMS OVER $25,000 EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
3. IF ANY PARTY IS REASONABLY CONSIDERED UNAMENABLE TO U.S. JURISDICTION, ALL PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, SHALL BE DETERMINED BY ARBITRATION ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”) IN ACCORDANCE WITH ITS INTERNATIONAL ARBITRATION RULES. THE NUMBER OF ARBITRATORS SHALL BE ONE. THE ARBITRATOR SHALL BE LICENSED TO PRACTICE LAW IN THEIR JURISDICTION AND POSSESS A MINIMUM OF TEN (10) YEARS OF EXPERIENCE AS AN ARBITRATOR. THE ARBITRATOR SHALL HAVE THE ABILITY TO GRANT PRELIMINARY, INJUNCTIVE, AND INTERIM RELIEF. THE PLACE OF THE ARBITRATION SHALL BE VIA SECURE VIDEO CHAT, WHENEVER POSSIBLE.  IF ELECTRONIC ATTENDANCE IS NOT AVAILABLE, THE PLACE OF ARBITRATION SHALL BE IN ANY SUITABLE FACILITY LOCATED IN MONMOUTH COUNTY, NEW JERSEY.   THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH.  THE LAWS OF THE STATE OF NEW JERSEY, U.S.A. SHALL APPLY.
4. Each Party hereby expressly consents to any such disputes being so resolved by these arbitration terms, and that all proceedings be exclusively conducted electronically via secure video chat, when available. If electronic attendance is not available, all arbitration hearings shall be conducted in any suitable facility located in the Middlesex County, New Jersey area.  The Parties consent to electronic service of process, with service to be made to you at the email address we have on file for you, and to Izzy & Liv at the following email addresses: legal@izzyandliv.com; info@izzyandliv.com.
5. Each Party expressly agrees that
   1.     videoconferencing constitutes an acceptable means of communication permitted by the applicable rules, including those at the juridical seat of the arbitration;
   2.     the parties have agreed to the use of videoconferencing as the means for conducting the arbitral hearing; and
   3.     no party will seek to vacate any resultant arbitral award on the basis that the arbitral hearing was not held in person.
6. The Parties agree to split all arbitration fees evenly, excluding any professional fees paid by each Party to their respective legal counsel.
7. Judgment on the award rendered in any arbitration hearing shall be binding and entered in any court having jurisdiction. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.  The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as a contract independent of the other terms of the Terms. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
8. All parties shall be obligated to the arbitration procedures contained herein and understand that decisions rendered by the arbitrator(s) are non-appealable. If neither party demands arbitration, or in the event that arbitration is inapplicable or impossible, the Parties agree that Middlesex County, New Jersey will be the sole agreed venue for litigation necessary to enforce the agreements set forth herein.
9. Nothing in this Agreement shall prevent either Party from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to prevent immediate loss. Either Party shall also be entitled to file in any court having jurisdiction any suit necessary to enforce a decision or award resulting from any arbitration or other proceeding.
10. The arbitrator or 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 terms contained in this Dispute Resolution and Binding Arbitration section shall survive termination of the Agreement.

 

SECTION 30 - CHANGES TO TERMS
 
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
 
SECTION 31 - CONTACT INFORMATION
 
Questions about the Terms should be sent to us at info@izzyandliv.com.