Terms and Conditions
Last Updated: August 5, 2021
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
- PROGRAM ELIGIBILITY. In order to participate in the Program, you must be at least eighteen (18) years of age or older or have reached the age of majority in your state, province, or territory at the time of participation, be a legal resident of, and physically located within, the United States, and be able to provide a unique and valid e-mail address at the time of enrollment. Employees of LIVD Apparel and their respective licensees, parent companies, subsidiaries and affiliates, as well as their immediate family members (herein defined as spouse, parents, siblings, and children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not) are not eligible to participate. Only individuals are eligible to be Members; corporations, groups, and associations are not eligible to participate in the Program. You must be legally competent to enter into contracts to enroll in the Program. LIVD Apparel reserves the right to limit the number of Members in the Program. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Program. A Member may maintain only one Program membership account. LIVD Apparel, in its sole judgement, reserves the right to disqualify any person from participation in the Program or revoke issued Points or Rewards, for any reason, including, for example, if that person appears to be violating these Terms and Conditions, making purchases for a business or for resale, manipulating the Program, making excessive returns, engaging in fraud, abusing Rewards privileges, or otherwise acting in a manner inconsistent with the Program’s intent or for any other reason LIVD Apparel deems necessary based on its sole discretion. If a Member is disqualified, such Member will forfeit their Points and all outstanding Rewards, as those terms are defined below, with a balance that has not been redeemed at the time of such disqualification. Program void where prohibited by law.
To participate in the Program, you must create an account on the LIVD Apparel Website ("Member Account"). Eligible individuals may enroll by following the instructions at the LIVD Apparel Website to provide the requested information (e.g., an email address and password (your "Login Credentials")) and agree to the Terms and Conditions and Terms of Service. You may opt-out of the Program at any time.
Members must provide all required information to be enrolled and to be eligible to earn Points and Rewards, and must have a device that is capable of accessing the Internet in order to access and use the Rewards Program. After the Member Account is created and account information confirmed by LIVD Apparel, the Member becomes eligible to participate in the Program and earn Points to obtain Rewards. A Member may maintain only one Member Account. If more than one Member Account is opened by an individual, Member will only receive Points for the account that was opened first. Duplicative Member Accounts may be canceled and all Points and/or Rewards earned under the duplicative Member Account(s) may be forfeited.
Each Member is solely responsible for all activities that occur under Member’s Account and for maintaining the security of your Login Credentials. If your Member Account is compromised, you agree to immediately inform LIVD Apparel. Members must not disclose Login Credentials to any third party for any reason. LIVD Apparel will not be liable for any loss or damage of any kind arising from a Member’s failure to comply with the requirements of this paragraph or any Member responsibilities under the Terms and Conditions. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Rewards Program.
- EARNING/RECEIVING POINTS. After you have been enrolled in the Program, you will have the opportunity to earn and/or receive loyalty points ("Points") for every dollar of Net Purchases on the LIVD Apparel Websites. As used herein, "Net Purchases" means your purchases - less all sales tax, customs duties, shipping and handling fees, returns, price adjustments, redeemed Rewards, and other discounts. Purchase of gift certificates are not eligible to earn Points. Net Purchases paid with a gift certificate, either in part or in whole, are eligible to earn Points.
The number of Points you may earn on specific purchases may vary. LIVD Apparel may limit certain products that are eligible to earn Points. Points may also be earned for other activities (each, a "Qualifying Activity") as specified by LIVD Apparel from time-to-time. Actions taken prior to enrollment in the Rewards Program are not eligible to earn Points. For each Qualifying Activity completed, the Member will receive a pre-determined and pre-announced number of Points ("Point Value"), as determined by LIVD Apparel in its sole discretion. From time-to-time, LIVD Apparel may also sponsor contests, sweepstakes or other promotions ("Promotions") in connection with which it will identify certain actions and social media sites in the applicable official rules. Please view the Loyalty Program website for more information on how many Points can be earned for these special purchases, Promotions, and other Qualifying Activities. This list may be updated from time-to-time with additional activities and tasks; Members should check back for new tasks. LIVD Apparel reserves the right in its sole discretion, at any time during the duration of the Program, to change the number of Points awarded, or to award no Points, for purchases on the LIVD Apparel Websites or for Promotions or Qualifying Activities, to offer additional means of earning Points for a limited time or permanently, to offer point earning opportunities to select groups of Members, to delete any or all means to earn Points, and/or to limit the number of Points a Member may earn for a single transaction.
Points will be earned on each LIVD Apparel Website separately and will not be combined. Points cannot be sold, are not transferrable, and may not be combined with any other accounts or any other rewards program. Points have no cash, trade or barter value. Members have no ownership interest in accrued Points and Points are not the property of Members. There is no limit to the number of Points you can earn in a calendar year. Points earned on Net Purchases between .01 - .49 are rounded down. For example, if you spend $99.49 and receive 1 Point per dollar, you will receive 99 Points. Points earned on Net Purchases between .50 - .99 are rounded up. For example, if you spend $99.50 and receive 1 Point per dollar, you will receive 100 Points. Returns and other adjustments, such as a price adjustment, may reduce your Points balance. Points received for items that are subsequently returned may be deducted from your Points balance at the time of the return, which may result in a negative Point balance. Points received for item(s) subject to an adjustment may be deducted from your Points balance by the corresponding amount of the adjustment, which may result in a negative Point balance. If an account with a negative Points balance is cancelled or deactivated for any reason, any negative Points balance may be rolled forward indefinitely in the event that your account is subsequently reactivated. You do not accumulate Points on the portion of your purchase that is paid with Rewards. To receive your Points on the LIVD Apparel Websites you must be logged into your account before checking out. Points will be posted to your account 30 days from the date the item(s) ship. Members shall have no claim against LIVD Apparel based on failure of Points to appear in a timely manner. No Points will be awarded for purchases made on the LIVD Apparel Websites that are shipped to locations outside of the United States or are otherwise in violation of these Terms and Conditions. Points are not valid unless earned in strict compliance with the requirements of these Terms and Conditions and Program rules, as interpreted and applied by LIVD Apparel. LIVD Apparel’s determination of the number or amount of Points available to any Member hereunder shall be final and binding for all purposes. All dollar amounts referred to in these Terms and Conditions are in U.S. dollars (USD).
- LIMITATIONS AND EXCLUSIONS ON QUALIFYING ACTIVITIES. From time-to-time, Members may be able to earn Points or other Program benefits by engaging in Qualifying Activities such as uploading photos, performing posts, reviews, comments, shares, follows, Tweets, re-Tweets, or similar ("Member Content") on the LIVD Apparel Websites and/or third-party websites such as Facebook, Instagram, Pinterest, TikTok, Twitter, etc. ("Promotional Channel(s)"). All Member Content is subject to these Terms and Conditions, including the below limitations and exclusions:
- Member Content must be in English, may not include gibberish, nonsense keywords, random characters or hyperlinks to sites or content unrelated or not relevant to LIVD Apparel or its business.
- Member Content intended to promote your or another’s business activities, or which is derogatory, includes profane or vulgar language or personal attacks is prohibited.
- Inappropriate online social media activity posted in connection with the Rewards Program is prohibited, and LIVD Apparel has the sole discretion to determine what constitutes inappropriate social media activity.
- Member represents and warrants that its Member Content: (a) (other than content originally shared by LIVD Apparel with Member) is Member’s own original work, and does not contain any material that violates or infringes another’s rights, including moral rights, rights of privacy, publicity or intellectual property rights; (b) has not been submitted previously in any promotion of any kind or exhibited or displayed publicly through any means or media; (c) if a photograph, depicts Member only (if at all), and no other persons; (d) does not identify, reference or depict any competing team, franchise or brands, products or services, including by means of prominent trademarks (including words, logos or designs), other than those owned by LIVD Apparel; and (e) does not disparage LIVD Apparel or any party or agent affiliated with this Rewards Program, or include words or graphics that are offensive, lewd, hateful or defamatory of any person or group, or include any elements or gestures that, as determined by LIVD Apparel, in LIVD Apparel’s sole discretion, are negative, obscene or inappropriate. All third-party content and content unoriginal to you, other than content provided by LIVD Apparel, is prohibited.
- LIVD Apparel will not tolerate hateful or discriminatory speech, inappropriate language, or abusive activity if any kind. Any Member engaging in such activity in connection with the Rewards Program will have their Member Account cancelled and any Points or Rewards due to Member will be forfeited.
- Any statement by a Member about a product or service offered by LIVD Apparel and its subsidiaries or affiliates must be truthful, accurate and substantiated. Misrepresenting the benefits of a product is prohibited and may result in cancelation of the Member’s Account and forfeiture of any Rewards due to Member.
- Any product review or endorsement by a Member, including but not limited to tweets and other social media activity, must be a truthful and accurate representation of the Member’s opinion. Additionally, any review, tweet or other social media activity incentivized by the awarding of Points or other benefits in connection with this Program must be accompanied by the hashtag "#sponsored" or "#LIVD APPARELRewards" or such other hashtag as may be specified by LIVD Apparel on the Rewards Program Website.
- You must disclose that you are participating in this Rewards Program or any related Promotion (if applicable) in any social sharing interaction that references the Rewards Program or a Promotion, or is used to earn Points in connection with this Rewards Program or a Promotion. At a minimum, the hashtag "#sponsored" or "#LIVD APPARELRewards" should be included in all social media communications sent pursuant to the Rewards Program or a Promotion. LIVD Apparel reserves the right, in its sole discretion, to disqualify any Member who does not adequately disclose its participation in this Rewards Program or a Promotion while interacting with the Promotional Channels.
- Member Content must be publicly available.
- Member Content must comply with these Terms and Conditions and the terms applicable to users of each Promotional Channel to which it is submitted, and must be submitted by the registered subscriber of the applicable Promotional Channel account, to which the Member Content is uploaded.
- Members operating multiple accounts at a single Promotional Channel, whether in their name or handle or using alternative names or handles, will be in violation of these Terms and Conditions. For example, if a Member operates and uses multiple fake Twitter accounts to share or re-tweet Member Content, the Member will be disqualified from this Program.
- Use of fake Promotional Channel accounts, or accounts not registered to the Member using them for this Rewards Program, is prohibited.
- Creation of fake Members, via electronic or manual efforts, in order to obtain referral or recruitment Points is strictly prohibited.
- No robotic, software-generated, other automated, purchased or incomplete Qualifying Activities will earn Points. Gaming, fraud or abuse relating to the earning of Points may result in forfeiture of accrued Points as well as termination of a Member’s account and/or this Rewards Program, in LIVD Apparel’s sole discretion.
- You will not earn Points, and your Member Account may be terminated, for sharing Member Content via a Promotional Channel account on any network where the majority of Tweets or communications from that Promotional Channel account are used to earn Points, to Tweet or post repetitive messages on one or more Promotional Channel accounts, to share Member Content that is not relevant to LIVD Apparel or its business, or include multiple hashtags.
- If a friend or follower likes, comments on or retweets the same Promotional Channel post multiple times, you will earn Points only for the first action the friend or follower takes with respect to a particular post or update. If the foregoing activity occurs repeatedly or excessively, as determined by LIVD Apparel in its sole discretion, your Member Account may be terminated. No Points are earned if a Tweet, comment or shared item is more than 2 weeks old at the time a friend or follower re-Tweets it, likes it or comments in response to it.
- Member Content posted on Facebook, Twitter or other Promotional Channel, or actions on that Promotional Channel, that are posted, then deleted, or liked, then unliked will not earn Points and will disqualify the posting Member.
- Member Content, including any posts, updates or comments that refer to Points being earned or rewarding another Member with Points, is prohibited and may result in disqualification.
- In the event of a dispute over the identity of a Member, the Member will be deemed to be the Authorized Account Holder of the e-mail address identified at enrollment into this Rewards Program. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.
- EXPIRATION OF POINTS. Points you receive but which are not redeemed for Rewards will expire one (1) year from your last non-returned shipment or Qualifying Activity event, or when your participation in the Program ends, whichever is earlier. LIVD Apparel reserves the right to change the expiration date of Points received under the Program. You will forfeit all accumulated and unused Points if you close your account or your participation in the Program is terminated.
- REDEEMING POINTS FOR REWARDS. You exchange LIVD Luxe Points at a increments of 100 LUXE Points for $1.00 in Reward credits at the LIVD Apparel Website to use towards purchases on LIVDApparel.com. LIVD Apparel may limit certain brands or products that are eligible to be purchased with Rewards. Earned Rewards may only be used on the LIVD Apparel Website. When you are logged into your account on the LIVD Apparel Website, your Rewards are available at the “Your rewards” page. The value of Rewards will be applied against total purchase price, proportionally spread across the items in the purchase including applicable taxes and fees. There is no limit on the number of Rewards you may redeem during a single transaction. If the subtotal of your transaction is less than the full Reward amount, then only a portion of your Reward will be applied to the transaction and any remaining balance will be made available to you at checkout during a subsequent transaction. Rewards cannot be sold or transferred, and cannot be combined with any other account. Rewards cannot be credited to a different account, redeemed or exchanged for cash or cash equivalent, applied to past purchases, or used to purchase gift certificates. Rewards are void if sold or exchanged for cash or other consideration or if otherwise received or used in violation of these Terms and Conditions. If you return merchandise that was purchased, in whole or in part, using a Reward, the dollar value of the Reward allocated to the returned item(s) will be credited to your account in the form of a Reward, unless the return would result in your account having a negative Point balance, in which case LIVD Apparel may credit your account with the Point value of the Rewards allocated to the returned item(s). If you bought multiple items in a purchase paid in part with Rewards, your account will be credited with the dollar value of the Rewards spent on the entire purchase before any other payment method is refunded. If your Member Account is closed, cancelled or terminated, the dollar value of the Rewards allocated to the item(s) returned shall not be refunded or credited and will be forfeited. If at any time your Points balance is negative, you will not be eligible to receive Rewards until the negative balance has been corrected, and any Rewards currently in your account may be reverted back into Points to resolve the negative balance. LIVD Apparel reserves the right in its sole discretion, at any time during the duration of the Program, to change the number of Points necessary to earn a Reward and/or the amount of promotional credit given with a Reward.
- EXPIRATION OF REWARDS.LIVD Apparel reserves the right to change the expiration date of Rewards received under the Program. You will forfeit all accumulated and unused Rewards if you close your account or your participation in the Program is terminated.
- TAXES: ANY AND ALL APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES AND ALL FEES AND EXPENSES RELATED TO ACCEPTANCE AND USE OF REWARD ARE NOT SPECIFICALLY STATED HEREIN ARE THE RESPONSIBILITY SOLELY OF MEMBER.
- TERMINATION OF OR CHANGE IN PROGRAM. The Program has no predetermined termination date and may continue until such time as LIVD Apparel, at its sole discretion, elects to designate a program termination date. LIVD Apparel may, in its sole discretion, terminate the Program, in whole or in part, at any time, with or without notice, which may result in loss of accumulated Points and Rewards and the cancellation of all benefits and privileges associated with the Program. LIVD Apparel reserves the right to limit, delete, expand, modify, or change any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Changes may affect Member’s Points and/or Rewards already accumulated. Your continued participation in the Program after any changes to these Terms and Conditions or the Program signifies your acceptance of such changes. LIVD Apparel has the right to close your account for any reason. LIVD Apparel reserves the right to suspend, modify or withdraw any Rewards and/or Program benefits if LIVD Apparel believes, in its sole discretion, that Program manipulation, fraud, malfunction, error or any other cause beyond our control impairs or otherwise compromises the administration, security, fairness or integrity of the Program.
- OTHER TERMS. LIVD Apparel is not responsible for lost, destroyed, stolen or expired Rewards. Any tax liability connected with receipt or use of any Rewards is the Member’s responsibility. Program rules void where prohibited by law. Points are not transferable in the event of death, as part of a domestic relations matter, or for any other reason and may only be used by you for your personal benefit. You cannot combine your benefits with any benefits accrued by any other Program participant. Rewards are not "gift certificates" and are not intended for gift-giving purposes. Points and Rewards have no cash value and are purely promotional in nature. Rewards cannot be used retroactively for prior purchases. You do not have any right, title, or interest in your Points or Rewards and Points or Rewards do not give rise to any legal or contractual rights by you against LIVD Apparel. A Member's Points balance, as reflected in our records, shall be deemed correct. LIVD Apparel reserves the right to determine the amount of Points in any Member's account and to correct or modify the Point or Reward amount at any time based on LIVD Apparel’s internal records related to such Member's account. In the event of an inconsistency between the amount accrued in a Member's account as stated on any Member's receipt and LIVD Apparel’s internal records, LIVD Apparel’s internal records will control. The sale or barter of any Points or any Rewards is prohibited. LIVD Apparel may waive compliance with these Terms and Conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, LIVD Apparel’s failure to exercise any of its rights under these Terms and Conditions, or its failure or delay in enforcing any of the individual terms herein, shall not constitute a waiver of such rights. Events beyond LIVD Apparel’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow LIVD Apparel to suspend or terminate the Program. All dollar amounts referred to in these Terms and Conditions are in U.S. dollars (USD).
- LIMITATION OF LIABILITY. BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT LIVD APPAREL AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, INCLUDING ANY REWARDS AND/OR POINTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, CORRESPONDENCE, POINTS, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF POINTS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES/AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF POINTS AND/OR REWARDS TO/FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, EPIDEMIC, PANDEMIC, OR ANY ACT OR OMISSION OF A THIRD PARTY. THE SOLE REMEDY AVAILABLE TO YOU IN CONNECTION WITH THE PROGRAM (WHETHER YOUR CLAIM IS BASED IN LAW OR EQUITY) SHALL BE THE CREDITING OR RE-CREDITING TO YOUR PROGRAM ACCOUNT OF POINTS IN AN AMOUNT NO GREATER THAN THE NUMBER OF POINTS AT ISSUE. BY PARTICIPATING IN THE REWARDS PROGRAM, OR THE USE OF ANY REWARD, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION WILL SURVIVE TERMINATION OF MEMBER'S PARTICIPATION IN THE PROGRAM.
- DISCLAIMER OF ALL WARRANTIES. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE, POINTS, AND REWARDS, ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER LIVD APPAREL OR ITS AGENCIES, AGENTS, SUPPLIERS OR REPRESENTATIVES WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THIS REWARDS PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THIS REWARDS PROGRAM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. A MEMBER’S USE OF THE REWARDS PROGRAM IS SOLELY AT THE MEMBER’S OWN RISK. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- GOVERNING LAW AND DISPUTES. All issues and questions concerning the construction, validity, and enforceability of these Terms and Conditions, or the rights and obligations of any participant and LIVD Apparel in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Please contact our Legal Department at hello@LIVDApparel.com if you have a dispute regarding the Program.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. As used in this arbitration provision, a "Rewards Dispute" means any claim or controversy between us that in any way arises from or relates to the Program, including, but not limited to, these Terms and Conditions, the issuance or redemption of Rewards, Points, or other services and events access, disputes based upon contract, tort, consumer rights, fraud and other intentional torts, agency, statute or constitution, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief), as well as disputes about the validity, enforceability or scope of this arbitration provision. Unless you send us the rejection notice herein, this provision will apply to you and, as a result, any Rewards Dispute between us will be resolved by binding arbitration. This means that: (1) a court or jury will not resolve the Rewards Dispute; (2) you will not be able to participate in a class action or similar proceeding to resolve the Rewards Dispute; and (3) your appeal rights during and after arbitration will be limited. The Federal Arbitration Act and federal arbitration law apply to this agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: LIVD Apparel Group, Inc., Attention: Legal Department, 12889 Moore Street, Cerritos, CA 90703. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s Consumer Arbitration rules are available at www.adr.org or by calling 1.800.778.7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. Each party shall bear its own costs, fees, and expenses (including attorneys’ fees and costs) of arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, represented or collective action basis ("Class Action Waiver"). If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. If you do not want this arbitration provision to apply, you must reject it in writing by mailing us a written rejection notice containing your name legibly printed and email address you provided when you enrolled in the Program, a statement that you reject the arbitration provision, and your signature. The rejection notice must be sent by you to us at LIVD Apparel Group, Inc., Attention: Legal Department, 12889 Moore Street, Cerritos, CA 90703. Your rejection notice is effective only if it meets the above requirements, is signed by you and received by us within sixty (60) calendar days after the date we first provide you with the Program Terms and Conditions containing the arbitration provision. Subsequent republications or delivery of the Terms and Conditions will not trigger another right to reject the arbitration provision. Your rejection of this arbitration provision will not affect any other provision of the Terms and Conditions. This arbitration provision will survive the termination of the Program or your relationship with us.
- WARNING. Any attempt to deliberately damage, abuse, defraud, manipulate, or undermine the legitimate operation of the Program or the Websites may be a violation of criminal and civil laws. Should such an attempt be made, LIVD Apparel reserves the right to seek damages or other remedies to the fullest extent permitted by law. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to card revocation and will affect eligibility for further participation in the Program.
- SEVERABILITY. The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any portion of these Terms and Conditions should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Terms and Conditions to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by LIVD Apparel, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality, or enforceability of any of the remaining provisions.
- HOW TO OPT OUT OF THE PROGRAM. A Member can opt out of the Program at any time. To opt out, please submit an opt out request form to the LIVD Apparel website. By submitting a request to opt out, you will be opted out of the Program for all LIVD Apparel Websites. Points, Rewards, and benefits will be forfeited. If a Member has a negative Point balance at the time of opt-out, or the Member’s membership is otherwise terminated for any reason, the negative Point balance will remain indefinitely; if the Member rejoins the Program, the negative Point balance will still appear in the Member’s account.
- CHANGES TO YOUR ACCOUNT. You must advise LIVD Apparel of any change in your name or the address, phone number, and/or email address associated with your account(s) on the LIVD Apparel Websites. You may contact LIVD Apparel’s Customer Service Team to let LIVD Apparel know about any changes. LIVD Apparel is not liable for Rewards sent to the email address associated with your account.
- ADDITIONAL INFORMATION ABOUT THE PROGRAM. If you have any questions regarding the Program, you may contact our Customer Service team via e-mail at hello@LIVDApparel.com.