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Terms of Service

Last Updated January 18, 2021

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Welcome to Love From One Inc. The following are the terms and conditions of this website (hereby referred to as the Site or Service). All visitors agree that access to and use of this Site and the Service provided by Love From One Inc. are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms, you should not use or access this Site or Service.  Love From One Inc. reserves the right to revise these terms at any time by updating this agreement.

 

PROPRIETARY RIGHTS

The entire content included in this site is collectively the property of Love From One Inc. and is protected by copyright, trademark and other property rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is prohibited.

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PERMITTED USE OF THE SITE

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ACCEPTABLE CONDUCT

All users of the Service must use the Service responsibly and with respect for all persons. Your use of the Service, including, without limitation, posting Materials (as defined below) to and using and sharing Materials through the Service, and your use of the Products must be lawful, ethical, and respectful of the legal rights and interests of all other persons, including without limitation Love From One Inc, and its affiliates.

Without limiting the above, the following rules apply to your use of the Service:

 

LAWFUL USE:

Your use of the Service and/or the Products must be lawful and must comply with all applicable domestic and foreign laws, regulations, rules, policies, treaties and tariffs, whether civil, criminal or otherwise.

 

NON-COMMERCIAL USE:

The Service may be used by you only for personal, non-commercial purposes and must not be directly or indirectly used in connection with any commercial activities, including: (a) selling or offering to sell any goods or services, including reselling the Products; (b) soliciting for advertisers or sponsors; (c) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to users; (d) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; or (e) soliciting for donations.

 

SECURITY AND PERFORMANCE:

The Service must not be used by you with any action, device, software or routine which could directly or indirectly interfere (or attempt to interfere) with the proper working of the Site, compromise the security measures for the Site or impose an unreasonable or disproportionately large load or burden on the system on which it is stored and/or hosted or its infrastructure. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or the software underlying or offered on the Site or through the Service, or delete, obscure or modify any proprietary notice contained on the Site or assist others in undertaking any of the foregoing. You may not use the Site to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, political campaign materials, spam, chain letters, pyramid schemes or any other form of solicitation.

 

OTHER PERSON'S RIGHTS:

Your use of the Service must not infringe the legal rights of any other person (including privacy and personality rights, copyright, trade-mark, trade secret, patent, moral rights, and other proprietary rights). You may not use the Service in any manner that may be indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or that may otherwise be objectionable. You may not use the Service in any way that is harmful to minors. You are prohibited from using the Site or the Service in any manner that invades or infringes the privacy of any other person.

 

NO DATA COLLECTION:

Your use of the Site must not involve any data matching or data mining, including without limitation the collection or use of information about other members and other users (including their email addresses).

Love From One Inc. reserves the right, in its sole discretion, to determine whether any use by you of the Site or the Service is in contravention of these Terms and Conditions. We may monitor, review and examine any Materials (as defined below) that you post using the Service and if in Love From One Inc’s sole judgment and discretion, any Materials violate the terms of this Agreement or if there exists any potential violations of law, may take any action it deems appropriate including reporting such violation of law to the appropriate enforcement authorities or refusing to process any orders containing any such Materials and removing any such Materials from the Service.

 

SECURITY AND FRAUD

Users are prohibited from violating or compromising, or attempting to violate or compromise the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," including without limitation any distributed denial of service attack; or (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

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Users are prohibited from using this Site by way of fraudulent activity, including but not limited to any unauthorized or illegal activity.

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Violations of system or network security, or fraudulent cases may result in civil or criminal liability. Love From One Inc. will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted through the Site or Service. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate the Site.

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PRIVACY AND PERSONAL INFORMATION

Love From One Inc’s personal information practices with respect to the Service, including the collection, use and/or disclosure of your personal information, are governed by Love From One Inc’s Privacy Policy. This policy includes consent to receiving electronic messages and information regarding Third Party providers. Please review this privacy policy. You agree to immediately notify Love From One Inc. of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Love From One Inc. will not be liable for any loss or damage arising from your failure to comply with the above requirements.

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AUTO-RENEWAL

Love From One Inc’s gift boxes are an auto-renewing subscription service. All subscriptions automatically renew on the date of purchase every three months for the following quarterly shipment. By purchasing a box through the Service, you accept responsibility for all recurring charges prior to cancellation and you hereby authorize Love From One Inc. to bill your payment method provided.

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CANCELLATION

You may cancel your subscription any time by sending an email to contact@lovefromone.com or through the form on our Cancellation Policy. Because we product source in advance, cancellation requests will take effect up to 45 days from the date of cancellation. This means you may be charged for and sent a box even after your submitted cancellation request.

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Love From One Inc. does not accept requests for returns or exchanges.

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ADDRESS CHANGES

You can change your recipient’s delivery address at any time by sending an email to contact@lovefromone.com. You must submit your address change prior to your next renewal billing. Love From One Inc. is unable to provide refunds for any address changes that come in after the renewal date.

 

USE OF PRODUCT

Love From One Inc. varies the products that are provided in the gift boxes and as such, they may contain nuts or other allergens. Use of any and all products should be at the discretion of the recipient. Love From One Inc. disclaims any and all warranties and liabilities, express or implied, and shall not in any way be held responsible for any outcome of any person’s use of any product available through the Service.

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LICENSE AND COPYRIGHTS

Love From One Inc does not claim ownership rights of any of the digital images that you access, use, create or modify using the Service (the “Materials”). For the sole purpose of allowing Love From One Inc. to provide the Service, you grant Love From One Inc.  (i) a non-exclusive, royalty-free license to use, copy, distribute and display those Materials (the “Materials License”), and (ii) the right to use your name in connection with the Materials. Love From One Inc’s use, copying, distribution and/or display of any Materials in connection with such Materials License shall be subject to Love From One Inc’s Privacy Policy. For the avoidance of doubt, Love From One Inc. will not, without your prior consent, use, display or modify any of your Materials (i) other than in accordance with any activity initiated by you (e.g. sharing Materials, printing or producing photos or photo gifts, designing photo gifts and/or projects), or (ii) in any advertisements or promotions.

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You represent and warrant to Love From One Inc. that (a) Love From One Inc’s use of the Materials, as contemplated herein, does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any applicable laws; and (b) you have all the rights necessary to grant all permissions, rights and licenses set forth above.

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TRANSACTION AGREEMENTS

All transactions initiated and/or conducted through the Service (each a "Transaction") are governed by this Agreement and any applicable transaction agreement (the "Transaction Agreements") of third party providers. By participating in a Transaction, you signify your agreement and acceptance of the applicable Transaction Agreement. Love From One Inc. may modify the terms of this Agreement from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Love From One Inc. you represent that you have accessed, read and accepted the Transaction Agreements applicable to and governing that order.

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FEES, CHARGES AND TAXES, AVALIABILITY, PRICES, MISPRINTS AND ERRORS, AND ORDERS

All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to the use of the Service or your acquisition of the Products, as well as charges related to goods and services acquired through the Service. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Service or acquisition of the Products and any such use or acquisition by any person using your account. All fees will be charged in Canadian dollars to your selected method of payment before the product is shipped.

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In the event that an item is listed at an incorrect price due to an error in pricing, Love From One Inc. will have the right to reject or cancel any orders placed for products listed at the incorrect price. In the event that an item is mispriced, Love From One Inc. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Love From One Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment processed. If payment has already been processed, Love From One Inc. shall issue a credit to your method of payment in the amount of the incorrect price.

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The prices, fees and charges associated with any of the Products, including without limitation any goods and services available through the Service, are subject to change at any time and from time to time without any notice or any liability to you or any other person. Love From One Inc. also reserves the right at any time and in its sole discretion to reject, correct, cancel or terminate any order made through the Service.

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In the event that Love From One Inc. rejects an order, Love From One Inc. will have no obligation to fulfill your order and you will have no obligation to pay for the order. Love From One Inc. also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Love From One Inc. may also require additional verifications or information before accepting any order. Love From One Inc. will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Love From One Inc. or if additional information is required to accept your order.

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Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order, which may include subscription auto-renewal. Your order shall be deemed to be accepted when the Service sends an order acceptance e-mail to your e-mail address or Love From One Inc. otherwise fulfills your order and provides you with confirmation of the foregoing. The order acceptance may provide you with confirmation of the terms of the transaction and may also provide you with certain information regarding availability and/or delivery of the relevant Products.

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If any payment due is not made by you, Love From One Inc. may, in addition to any other remedies it may have, and at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and revoke your Account and your access to and use of the Service, or (b) terminate this Agreement, revoke your Account and your access to and the use of the Service. If legal action is necessary to collect any amount which you owe, then you agree to reimburse Love From One Inc. for any and all expenses incurred in collecting such amount, including without limitation all legal fees, all costs and all disbursements.

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MODIFICATIONS

Love From One Inc. reserves the right, at any time, to modify, suspend, or discontinue the Site or its Services or any part thereof with or without notice and you agree that Love From One Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

 

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to defend, indemnify defend and hold harmless Love From One Inc. and any of its subsidiaries, officers, directors, contractors, suppliers, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third party service providers harmless from and against any and all losses, actions, claims, damages, costs and expenses, including legal fees and disbursements, arising from or related to your violation, negligent or wrongful conduct, use or misuse of the Site or Service (regardless of whether or not such use is permitted under these Terms and Conditions), including without limitation (i) any Materials you submit or post using the Service, (ii) the Products, (iii) any violation of these Terms and Conditions, (iv) the use or misuse of the Site or Service by you or any other person who accesses the Site using your Account, and (v) any violation of any rights of a third party including intellectual property and privacy rights. This provision shall survive the termination of this Agreement or your right to use this Site or Service and remain in full force and effect forevermore after any such termination.

 

LIMITATION OF LIABILITY

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise shall Love From One Inc., any of its affiliates and any of their respective employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, direct, special, incidental or consequential losses or damages of any nature, including and not limited to physical ailment, arising out of or in connection with the use of, or inability to use the service, goods purchased through the Site, any unauthorized access to or alteration of your data or any product or materials on or from the Service or related to any misprints or errors on the Service, including the unavailability of any product you order, any delay in the availability of goods or services, or any changes in the price of goods or services, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or computer failure or malfunction, even if Love From One Inc, or any of its affiliates has been advised or should have known of the possibility of such losses or damages. The liability of Love From One Inc. towards any person for any transaction shall be limited to and not exceed the purchase price of your transaction. This provision shall apply to you to the maximum extent permitted by applicable laws.

The above disclaimer shall survive the termination of the agreement or your right to use this Site or Service and remain in full force and effect forevermore after any such termination.

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WARRANTY DISCLAIMER

This Site and the materials and products on this Site are provided As Is and without warranties of any kind, whether express or implied. The Site and all goods and products provided by using this Service are to be used at your own risk. Love From Onc Inc. makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials or products included on or obtained through the Service. To the fullest extent permissible pursuant to applicable law, Love From One Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, performance, content, or durability. To the fullest extent permissible pursuant to applicable law, Love From One Inc. disclaims all warranties for the security, reliability, timeliness and performance of the Service and disclaims warranties or representations that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, that this Site or the server that makes the Site available are free of viruses or other harmful components, nor regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy or otherwise.

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Love From One Inc. further disclaims any and all warranties and liabilities, express or implied, and shall not in any way be held responsible for any outcome of any person’s use of any product available through the Service. You acknowledge and agree, by your use of the Service, that your use of the Service is at your sole risk. This disclaimer constitutes an essential part of this agreement and by your use of the Service, you acknowledge and agree to all conditions of Love From One Inc’s Terms of Service.

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The above disclaimers shall survive the termination of the agreement or your right to use this Site or Service and remain in full force and effect forevermore after any such termination.

 

TERMINATION OF THIS AGREEMENT

These Terms and Conditions outlined in this Terms of Service (of which may be amended from time to time by Love From One Inc. in its sole discretion) constitute a legally binding agreement between you and Love From One Inc, effective upon your initial access of the Service unless and until terminated by you or by Love From One Inc. Without limiting any other rights of Love From One Inc., if you breach any provision of this Agreement, Love From One Inc. may revoke your Account and terminate this Agreement and may prohibit you from using the Service and from using and/or acquiring the Products. Upon termination of this Agreement, all fees, charges, costs or amounts payable by you in conjunction with your use of the Service shall become forthwith payable and you agree to immediately remit those amounts to Love From One Inc.

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Love From One Inc. may, in its sole discretion and at any time, change, suspend, or terminate, temporarily or permanently, the Service or any part of it or any Products, for any reason, without any notice to you or anyone else and without incurring any liability to you or any other person. Love From One Inc. may at any time and for any reason, with cause and in its sole discretion, without being required to assess or otherwise determine validity or legitimacy of any complaints, issues or demands regarding your use of the Site or Service, immediately: (a) suspend or terminate (in whole or in part) your authorization to use the Service and any Account you may have; (b) suspend or terminate and permanently delete and destroy any user ID, password or account information; (c) remove you from the Service and permanently delete and destroy any Materials that you may have posted or submitted through the Service (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet and in any format through email or post) for any reason or for convenience; (d) restrict access to the Materials posted or submitted through the Service and to any account you may have; and (e) bar you from any future use of the Service; all without any prior notice or liability to you or any other person.

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If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Service; (b) Love From Onc Inc. may immediately remove and permanently delete and destroy any Materials that you may have posted or submitted to the Service without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you for unused services will not be refunded; and (d) the provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination or your right to use this Site or Service and remain in full force and effect forevermore after any such termination.

 

WAIVER OF RIGHTS

By entering into this Terms of Service agreement, you hereby irrevocably waive any and all rights you may have to form, join or participate in any class or legal procedural action or claims.

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CONTACT

Any questions or comments you have may be directed to the following contact information.

Love From One Inc.

RR 1 Lacombe, AB CAN T4L 2N1

Email: contact@lovefromone.com

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