Terms and Conditions

TERMS OF SERVICE

Last updated November 12, 2025

THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND LOVE+WAR AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. YOU HAVE THE RIGHT TO OPT OUT. VIEW THESE TERMS BELOW.

Welcome to Love+War. L & W Apparel LLC, DBA Love+War (the “Company”), as well as our website at inloveandwar.com (the “Website”) and our social media platforms are collectively referred to as our “Platform”). The Platform is operated by (the “Company,” “we,” “us,” “our”). Each person who accesses and/or uses the Platform (each a “User,” “you,” or “your”) should please read these Terms of Service (“Terms of Service”) carefully before using the Platform.  

By accessing or using the Platform or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understand and agree to be bound by these Terms of Service and to the collection and use of your information as set forth in our Privacy Policy (our “Privacy Policy”), regardless of whether you are a registered user of the Platform. If you do not agree to these Terms of Service, please do not use the Platform.  This Agreement applies to all visitors, users, and others who access our Service (collectively, “Users”).  

Subject to the terms and conditions specified herein, Company offers Users information regarding our products and allows Users to purchase products through the Platform. The Platform also allows Users to establish an account, post reviews (or other user generated content), gift, sign up for product waitlists and/or our newsletter, participate in a contest or promotion, submit feedback or user comments, complete optional surveys, contact customer service or otherwise interact with the Company (the “Services”).

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. We may modify or update these Terms of Service at any time by posting the amended terms on the Platform and such terms shall be effective for all uses of the Platform and Services (as defined below) immediately once they are posted. Your continued access to and/or use of the Platform or the Services provided through the Platform following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all of the features of the Platform or Company's Services at any time, without notice.

Our Service

This is a contract between you and the Company. You must read and agree to this Agreement before using our Service. If you do not agree to this Agreement, you may not use our Service. You may use our Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.  Our Service is not available to any Users who have been suspended, blocked by or removed from our Service.

Your access to and Use of our Service is subject to your compliance with the terms and conditions of this Agreement. You may access and use our Service solely for your personal, non-commercial use. We reserve all rights not expressly granted by this Agreement in and to our Service and our Intellectual Property (defined below). We may suspend or terminate your access to our Service at any time for any reason or no reason.

Some of our Services allow or require Users to provide personal information, as detailed in our Privacy Policy.

1. PERSONAL INFORMATION AND USER ACCOUNTS

Using Love+War products and Services may require you to create a User Account (including setting up an ID and password). You are responsible for maintaining the confidentiality of the information you use for your account, including your personalized password, and for any and allactivity that occurs within your account as a result of any failure to secure your information. You agree to notify the Company promptly if you suspect or know of any unauthorized use of your account or password, or any other security breach.  Company is not responsible for any loss or damage arising from your failure to comply with our requirements.

Our Platform is intended solely for Users who can form legally binding contracts under applicable law and are of legal age of majority.  You represent by using the Platform that you meet these criteria.  Use of or access to the Platform by anyone who does not meet these criteria is unauthorized, unlicensed and in violation of these Terms of Service. Our Platform is not directed to children under 13, and we do not knowingly collect personal information from children.

Under certain circumstances, we may permit different types of User Accounts for different types of Users. If at some point we permit you to open a User Account on behalf of a company, organization, or other entity, then (i) “you” and “your” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to our Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.  

By using the Services, you may also be required to provide certain personal information, such as contact and payment information (collectively, “Customer Data”). Your submission of personal information to us is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Service. By using the Platform and the Services, you also agree to our Privacy Policy. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

2. PRODUCT INFORMATION AND RETURNS

All products offered through our Platform are covered by our Return Policy, which applies in addition to any statutory rights you may have.

If you are located in the European Union or the United Kingdom, you have a legal right to withdraw from or cancel your purchase within fourteen (14) days of receiving your order, no explanation required. This withdrawal period ends 14 days after you (or someone you authorize, other than the carrier) takes physical possession of the goods, or, if your order ships in multiple parts, the final item in that order. To exercise this right, email us at help@inloveandwar.combefore the withdrawal period expires.

We may refuse service or discontinue any product at any time, for any reason. We also reserve the right, at our discretion, to:

We may also limit or cancel orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. This includes orders placed under the same customer account, credit card, billing address, or shipping address. If we refuse or cancel an order, we will make reasonable efforts to notify you using the contact information provided at checkout.

We do our best to keep all product information on the Platform accurate and up to date, but sometimes, mistakes happen. Products may be mispriced, described inaccurately, or temporarily unavailable due to delays in updating the Platform or third-party listings. Measurements and other descriptions are provided for convenience and may be approximate. We cannot guarantee that the color you see on your screen precisely matches the product, since display settings vary.

We do not guarantee the accuracy, reliability, currency, or completeness of the information on the Platform, including prices, product images, descriptions, specifications, and availability. We may update or correct such information, including after you have submitted an order, at any time, without prior notice.

Unless required by law, we are under no obligation to update or revise information on the Platform. The presence of a specific date or update does not imply that all details have been modified.

3. PROPRIETARY RIGHTS

Between you and us, all rights, title, and interest in and to the Platform, the Services, and all materials contained on or made available through them belong exclusively to us. This includes, without limitation, all text, images, photographs, audio, video, graphics, icons, software, code, data, information, layouts, designs, reports, charts, logos, widgets, applications, and other materials (collectively, the “Platform Content”), as well as the overall look and feel, structure, and arrangement of the Platform and Services. All associated copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights are owned by us or our licensors. Your use of the Platform does not give you any ownership or proprietary rights in any part of it.

All trademarks, logos, service marks, and trade dress displayed on the Platform are either our property or the property of third parties. You may not use any of these without the prior written consent of the respective rights holder. Nothing on the Platform or in the Services should be interpreted as granting, by implication or otherwise, any right or license to use any trademark, logo, service mark, or trade name without express permission. References to third-party marks do not imply endorsement by us or of us by those third parties.

Except as expressly permitted in these Terms, no Platform Content may be copied, reproduced, distributed, republished, uploaded, posted, transmitted, or otherwise used in any form or by any means without our prior written authorization in each case. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and view the Platform and its Content on your personal device, and to print or download portions for your personal, non-commercial use (such as placing an order).

Any other use, including but not limited to modifying, redistributing, reproducing for commercial purposes, performing, displaying, scraping, or using automated data-gathering tools, is strictly prohibited without our prior written consent.

4. USER SUBMITTED CONTENT

When you share any content through the Platform, such as reviews, photos, videos, comments, or other materials (each, a “Submission”), you represent and warrant that:

You may also choose to, or we may invite you to submit, comments or ideas about our Service or Platform, including without limitation about how to improve our Service, products, or Platform (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

By submitting any content, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, display, perform, distribute, and otherwise exploit your Submission in any media, whether now known or later developed, with or without attribution. You also waive any moral rights or similar rights of attribution or integrity to the fullest extent permitted by law.

In addition, you acknowledge and agree that:

5.  Either now or at some time in the future, some areas of the Service allow you to post content such as profile information, reviews, comments, questions, videos, photographs, Love+War™ customer success story(s) and other content or information (collectively “your Content”). We claim no ownership rights over your Content. Your Content remains yours; however, by sharing your Content through the Service, you agree to allow others to view, edit, and/or share your Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to remove any of your Content that is shared via the Service.

You agree that your Content will not include any content or materials that violate this Agreement or that may (i) create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) create a risk of any other loss or damage to any person or property; (iii) harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) constitute or contribute to a crime or tort; (v) be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) be illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contain any information or content that you know is not correct and current. You agree that your Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy.  We reserve the right, but we are not obligated, to reject and/or remove any of your Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

We take no responsibility and assume no liability for any of your Content. You shall be solely responsible for your Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of your Content.

Remember, be kind to others. You are solely responsible for your interactions with other Love+War Users. While we have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the website or related websites, by agreeing to our Services you acknowledge and agree that we have the right to monitor the publicly available websites, discussion boards, chats, and materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

When you tag your Content and link or refer to Love+War or to the Love+War™ customer success stories (“Tagged Content”), we may review such Tagged Content for various reasons. Love+War may review Tagged Content and select certain Tagged Content for posting on our website and/or social media; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with this Agreement, other applicable terms of use and applicable laws. If your Tagged Content is posted to our website or other social media pages, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by emailing with the reference line “Tagged Content Removal”.

6. REFERRAL AND GIFTING PROGRAMS

From time to time, the Company may, at its sole discretion, offer opportunities for you to refer new customers to the Company (the “Referral Program”) and/or to participate in a gifting program designed for selected customers and affiliates (the “Gifting Program”).

By submitting referrals, you represent and warrant that you have the legal right to make such referrals, that the referrals do not infringe upon the privacy, publicity, or other rights of any third party, and that your participation complies with these Terms of Service. Participation in the Referral Program is voluntary and may be modified, suspended, or terminated by the Company at any time, with or without notice. If the Referral Program is terminated, the Company will have no further obligation to provide any rewards, credits, or other consideration in connection with past or pending referrals.

The Gifting Program may allow approved affiliates and customers to provide complimentary or discounted products to third parties under guidelines determined by the Company. Participation in the Gifting Program is subject to Company approval and may be limited to certain products, quantities, time periods, or geographic regions. You agree to comply with any instructions or restrictions provided by the Company regarding the use or distribution of gifts. The Company may modify, suspend, or terminate the Gifting Program at any time, with or without notice, and without any obligation to continue offering gifts or associated benefits.

Affiliates, influencers, and any participants in our referral or gifting programs must comply with all applicable laws and regulations, including but not limited to the FTC Endorsement Guides, by clearly and conspicuously disclosing any material connection to Love+War when promoting products. The Company reserves the right to terminate participation for noncompliance.

7. RESTRICTIONS AND PERMISSIONS ON USE

As a condition of your use of the Services and Platform, you warrant to Love+War that you will not use the Services or Platform for any purpose that is unlawful or prohibited by this Agreement.  You also agree you will not, and you will not assist, permit or enable others to, do any of the following:

a.Use the Services or Platform in any manner that could damage, disable, overburden, or impair the Services or Platform or interfere with any other party’s use and enjoyment of the Services or Platform;

b.Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services or Platform;

c.Use our Service for any purpose other than as expressly set forth herein;

d.Disassemble, reverse engineer, decode or decompile any part of our Service;

e.Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Service;

f.Copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our Intellectual Property;

g.Remove any copyright notices or proprietary legends from our Service;

i.Use our Service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;

j.Use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;

k.Use our Service for benchmarking or competitive analysis of our Service;

l.Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

m.Attempt to interfere with, override, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Service;

n.Transmit viruses, worms, or other software agents through our Service, or use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by Love+War;

o.Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Love+War’s website;

p. Impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Service for any invasive or fraudulent purpose;

q.Share passwords or authentication credentials for our Service or attempt to deceive the Love+War technology and/or system to access Love+War giveaways and discounts that you are not qualified to receive based on personal use of the Services or Platform;

r.Bypass the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service or the content therein, including without limitation features that prevent or restrict use or copying of any content;

s.Identify us or display any portion of our Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;

t.Identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under this Agreement, without our express written consent;

u.Upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status;

v.Use any information received through the Services or Platform to attempt identify other customers, to contact other customers, to “stalk” or otherwise harass another, or for any forensic use.

Additionally, by using our Services or Platform, and providing the required informed consent at purchase, you are granting permissions to Love+War and/or our affiliates (“Love+War Affiliates”) (subject to our) for the following and you expressly agree to, acknowledge, and represent that:

a.Love+War, its partners, contractors, successors and assignees are permitted to analyze your submitted sample(s) and to disclose the results of analyses to you;

b.By providing any sample or using the Services or Platform, having your information processed, accessing your Personalized User Data, or providing information, you acquire no rights in any research or commercial products that may be developed by Love+War or its Love+War Affiliates. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Personalized User Data or Feedback (as defined below);

c.You will follow the user conduct guidelines, as described below at all times.

8. WAIVER

You hereby waive and release Love+War and Love+War Affiliates, to the maximum extent permitted by law, from any claim, action, suit or demand arising out of or in connection with the use of the Services or Platform (including with respect to any physical injury or death). You acknowledge that neither Love+War nor the Love+War Affiliates will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service or Platform. You agree that this release is binding upon you and your heirs, executors, administrators, successors and assigns.

The foregoing release is intended to apply to all claims not known or suspected to exist, with the intent of waiving, if applicable, the effect of California Civil Code Section 1542 (which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor) and other analogous laws or legal principles of any jurisdiction requiring the intent to release future unknown claims. 

9. LINKED SITES AND THIRD-PARTY RESOURCES

For your convenience, the Platform may feature links that lead to external websites, applications, or other online resources operated by parties other than the Company. These links may guide you away from our Platform, for example, to complete a purchase, access additional services, or explore complementary offerings.

Please note that these third-party sites and applications operate independently. We do not control, endorse, or take responsibility for the content, products, services, advertising, or other materials that may appear on or be accessed through them. The inclusion of any link should not be interpreted as a partnership, joint venture, agency, guarantee, or endorsement, explicit or implied, between the Company (or its affiliates) and any third party.

Because these sites and resources are outside our control, we cannot accept responsibility for their accuracy, availability, legality, or the content they contain. Your interactions with third parties, including any transactions, communications, or engagement with their services, are solely between you and those parties. We disclaim all responsibility and liability for any loss, harm, or dispute arising from your use of, or reliance upon, third-party content, products, or services.

Each third-party site or application is governed by its own terms and privacy policies. We encourage you to review those carefully before sharing personal information or engaging with their services.

10. TEXT MESSAGING AND EMAIL POLICY

From time to time, and where permitted by applicable law, we may communicate with you through text messages (SMS/MMS) and email for purposes such as providing updates, promotional offers, order information, or other service-related communications. By choosing to participate in our messaging programs, you agree to the terms set forth below. Your participation is entirely voluntary, and you may withdraw at any time.

10.1 Modifications

We may update or modify these Messaging Terms at any time, subject to applicable law. Any changes will take effect on the date they are posted, and your continued use of our messaging services after the effective date constitutes your acceptance of those changes.

10.2 Opt-Out and Assistance

You may discontinue receiving text messages from us at any time by replying “STOP” to any message you receive from Love+War. This will unsubscribe you from future SMS communications. To request help or additional information, you may reply “HELP” to any message or contact our support team at concierge@inloveandwar.com.

For email communications, you may unsubscribe at any time by clicking the “unsubscribe” link at the bottom of any promotional email, or by contacting us directly at the same support address.

10.3 Fees and Mobile Carriers

Love+War does not charge any additional fees for sending or receiving text messages. However, message and data rates may apply depending on your mobile carrier plan. Please consult your wireless provider for details on any charges that may apply.

We support most major U.S. carriers, including but not limited to AT&T, Sprint, T-Mobile®, Verizon Wireless, Metro PCS, U.S. Cellular®, and many regional carriers. Neither Love+War nor your mobile carrier is liable for delayed or undelivered messages. Message delivery depends on effective transmission by your wireless service provider and is beyond our control.

10.4 Privacy and Data Use

We respect your privacy. The information you provide in connection with text messaging or email will be used solely to send you the communications for which you have opted in, and to comply with legal obligations. We reserve the right to disclose information as required by law, regulation, or governmental request, or as reasonably necessary to protect our rights, property, or safety.

Text messages transmitted through your wireless carrier may not be encrypted or secure. Please consider the content you choose to share through text communications accordingly. For more details on how we collect and protect your information, please review our Privacy Policy.

11. DISCLAIMERS

You acknowledge that using the Platform and the Services involves the transmission of communications and data across various networks. Because no method of internet transmission is fully secure, timely, uninterrupted, or error-free, we cannot guarantee the flawless operation of the Platform. Accordingly, the Company shall not be liable for any delays, deletion, mis-delivery, failure to store, or other issues affecting the transmission of data, content, or information sent through or to the Platform.

The Platform and the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties and conditions, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, the Company does not represent or warrant that:

Platform operation may be affected by numerous factors beyond our control, including interruptions in telecommunications networks. The Company will not be responsible for any failures of the internet, telecommunications systems, or related infrastructure.

While we have taken reasonable steps to build a secure and reliable environment, we do not guarantee the sufficiency of our security measures and disclaim any responsibility for damages, actual, incidental, consequential, or special, that may result from security breaches, technical failures, or lapses in compliance with our Privacy Policy. You are solely responsible for determining the accuracy, completeness, and usefulness of the information available through the Platform.

The Company and its affiliates will not be liable for delays or failures caused by circumstances beyond their reasonable control, including but not limited to acts of God, actions of users, acts of military or civil authorities, government orders, fires, natural disasters, labor disputes, weather events, epidemics, pandemics, wars, riots, terrorism, network interruptions, or computer viruses. Periodic maintenance or other operational needs may also result in temporary unavailability of the Platform.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOVE+WAR, OR OUR LOVE+WAR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (VII) YOUR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LOVE+WAR, OR OUR LOVE+WAR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LOVE+WAR HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. INDEMNIFICATION

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS PAST, PRESENT, AND FUTURE PARENT ENTITIES, AFFILIATES, AND SUBSIDIARIES, TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SERVICE PROVIDERS, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “INDEMNITEES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, DAMAGES, PENALTIES, FINES, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, INCLUDING THOSE INCURRED IN ENFORCING THIS PROVISION) ARISING OUT OF OR RELATING TO (I) YOUR USE OR MISUSE OF THE PLATFORM, THE SERVICES, OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORM; (II) YOUR ACTUAL OR ALLEGED VIOLATION OF THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER APPLICABLE POLICY POSTED ON THE PLATFORM; (III) ANY SUBMISSION YOU PROVIDE; OR (IV) YOUR VIOLATION OF ANY LAW, REGULATION, RULE, OR THIRD-PARTY RIGHTS. YOU AGREE TO COOPERATE FULLY WITH THE INDEMNITEES IN DEFENDING OR SETTLING ANY INDEMNIFIED CLAIM.

14. TERMINATION

We reserve the right, at our sole discretion and without prior notice, to take any action we deem appropriate with respect to your account and access to the Platform. This may include issuing warnings, temporarily or permanently suspending your account, terminating your access entirely, or restricting your use of any portion of the Platform. We may take such actions for any reason or no reason at all, and we shall not be liable to you or any third party for doing so.

If your account is terminated, we may, at our discretion, remove or retain data associated with your activity on the Platform. Upon termination, any rights granted to you under these Terms will immediately cease, and the Company will have no further obligations to you.

Without limiting the foregoing, we may suspend or terminate your account if you breach these Terms of Service (including the Privacy Policy incorporated by reference), violate any other agreement with the Company, or engage in conduct that we determine in our sole discretion may harm the Company, the Platform, or other users. We may also delete your profile, remove any content you have posted, and block or restrict your future access to the Platform, with or without notice.

You acknowledge and agree that we will not be liable to you or any third party for any modification, suspension, or termination of your account or access to the Platform.

These Terms of Service remain in effect until terminated by either you or us. You may end this agreement at any time by ceasing all use of the Platform. Any obligations or liabilities incurred prior to termination will survive and continue to apply after termination for all relevant purposes.

15. GOVERNING LAW; DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles.

Informal Dispute Resolution.  We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any dispute with Love+War, you agree to first contact us at support@inloveandwar.com and attempt to resolve the dispute with us informally. Your notice of dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The notice of dispute also must explain the facts of the dispute as you understand them and tell us what you want us to do to resolve the issue. The parties shall use their best efforts to settle any dispute directly through consultation and good faith negotiations, and you agree that a notice of dispute containing all the information required above, followed by at least 60 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of dispute will not be valid unless it contains all the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant notice of dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the notice of dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.  

b.Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within sixty (60) days from the date the informal dispute resolution is pursued pursuant to the Initial Dispute Resolution section above, then unless an Exception applies as stated below, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services, the Privacy Policy, or this Agreement, including but not limited to its formation, performance, breach or alleged breach thereof, and regardless of whether the dispute is based in contract, statute, regulation, ordinance, or tort (collectively, “Claims”), by binding arbitration.  

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Except in the event of a Mass Arbitration (as defined below), the parties agree that all Claims shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures as modified by this Agreement, but excluding any rules or procedures that permit arbitration on a class-wide basis (collectively, the “JAMS Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.  The seat of the arbitration will be decided pursuant to the JAMS Rules. You or Love+War may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live. 

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Rules. Except as expressly stated to the contrary below, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all arbitrability issues, as well as all issues or Claims arising out of or relating to the interpretation, applicability, or enforceability of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. In any arbitration before JAMS, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous and not in bad faith, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith, in which case the arbitrator may award us our attorney’s fees, expert witness fees, arbitration fees and/or costs. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

c.  Class Action and Class Arbitration Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. You and we each further agree to waive our respective right to file a class action or seek relief on a class basis. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

d.  Exceptions to Arbitration. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction provisions in Section 15(h) below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

e.Exception - Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

f.30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions above by sending written notice of your decision to opt-out by emailing us at arbitrationoptout@inloveandwar.com. The notice must be sent within thirty (30) days of your first use of the Service following the effective date of this Agreement; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

g.Term for Cause of Action. To the fullest extent permitted by law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.  You further agree that the limitations of damages as set forth herein are fundamental elements of the basis of the bargain between you and Love+War.

h.Exclusive Venue for Litigation Not Subject to Arbitration. To the extent that the arbitration provisions set forth above do not apply or if you have opted out of arbitration, you and we agree to submit to the personal jurisdiction of the state and federal courts located in Orange County, California and Washtenaw County, Michigan, and you and we agree that any litigation shall be filed exclusively in state or federal courts located in Orange County, California or Washtenaw County, Michigan (except for small claims court actions which may be brought in the county where you reside). In the event of litigation not subject to this Agreement to Binding Arbitration, you and we agree to waive, to the maximum extent permitted by law, any right to bring a class action or any right to a jury trial, except where a class action or jury trial waiver is not permissible under applicable law.

16. ASSIGNMENT

We reserve the right to assign or transfer our rights and obligations under this Agreement. If Love+War or any Love+War Affiliate is acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), you agree that Love+War and Love+War Affiliates may share your Personalized User Data and/or Feedback with that entity. These Terms will continue to apply to the Services and Platform until you receive notification otherwise. You may not assign or transfer any of your rights and obligations under these Terms without Love+War’s written consent. There are no third-party beneficiaries to these Terms. Any attempted transfer or assignment in violation hereof shall be null and void.

17. CONTACT US

For any questions or comments, or to report violations of these Terms of Service, including receipt of spam from a User, contact the Company at: privacy@inloveandwar.com with “Terms of Service” in the subject line of your email.

18. NOTICE TO CALIFORNIA RESIDENTS

For California Residents, the provider of our Service is L & W Apparel LLC. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

19. NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain notifications as required under applicable laws or as described in this Agreement or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of our Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any part of this Agreement or any future Terms of Use, do not use or access (or continue to access) our Service.

20. PROMOTIONS AND SWEEPSTAKES PROGRAM TERMS AND CONDITIONS

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. 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 this Agreement, the Promotion rules will govern.

21. SALES TAX, DUTIES, AND INTERNATIONAL ORDERS

All prices displayed on the Platform are shown in U.S. dollars unless otherwise indicated. Applicable sales tax will be added to your order based on the shipping address and as required by applicable law. You are responsible for any sales, use, VAT, customs, duties, or other governmental taxes or fees that may apply to your purchase, and these are not included in the prices listed unless expressly stated.

For international orders, you are solely responsible for any customs duties, tariffs, import taxes, or additional charges imposed by the destination country. These fees are typically collected by the carrier at the time of delivery and are not charged by the Company. Customs policies vary widely, so you should contact your local customs office for more information.

International shipments may be subject to customs clearance procedures, which can cause delays beyond our original delivery estimates. We have no control over these processes and are not responsible for any delays, holds, or additional costs resulting from customs clearance.

22. RESALE AND ANTI-DIVERSION

Our products are intended for sale to end consumers only and are not authorized for resale or redistribution. You may not purchase products from the Platform for the purpose of resale, distribution, or export. We reserve the right, in our sole discretion, to limit, cancel, or refuse any order that we believe may be placed for resale, redistribution, or diversion.

Without limiting the foregoing, you agree not to sell, resell, distribute, list, or offer our products through any third-party marketplace (including, without limitation, Amazon, eBay, Walmart Marketplace, Etsy, or similar platforms) or through any unauthorized website, retail store, or channel without our prior written consent.

We reserve the right to take any action we deem appropriate to prevent unauthorized resale, diversion, or distribution of our products, including but not limited to: limiting or cancelling orders; deactivating promotional codes; suspending affiliate or influencer accounts; refusing future orders; and pursuing legal remedies.

Any breach of this provision constitutes a material violation of these Terms and may result in immediate termination of your access to the Platform and any associated programs, without notice.

23. MISCELLANEOUS

This Agreement (including, without limitation, any prior versions of these Terms of Service), together with any amendments and any additional agreements you may enter with us in connection with our Services or Platform, shall constitute the entire agreement between you and us concerning our Services and Platform. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of our Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.  Except for the class action waiver set forth in Section 15 et seq, if any other provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The provisions of Sections 2-8, and 11-24 shall survive any termination of these Terms of Service.