A & K LOVE TERMS OF SERVICE, USE AND PURCHASE
Welcome to A & K LOVE! This website located at www.anklove.com (this “Site”) is owned and operated by A & K LOVE LLC. (the “Company”). A & K LOVE provides website features and other products and services to you when you visit, shop or purchase items from this Site, use A & K LOVE services, access this Site from your mobile devices, or use software provided by A & K LOVE in connection with any of the foregoing (collectively, ” A & K LOVE Services”). A & K LOVE provides its products and services subject to these Terms of Service.
By using A & K LOVE Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other A & K LOVE product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of A & K LOVE. A & K LOVE may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the A & K LOVE Services or enrollment as a A & K LOVE Exclusive Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any A & K LOVE Services and immediately cancel your A & K LOVE Exclusive Membership by calling one of our customer service representatives at 1-801-634-5301. You must be at least 18 years old to use this Site or Services.
When you use any A & K LOVE Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other A & K LOVE Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A & K LOVE MEMBERSHIP
A & K LOVE offers members the opportunity to participate in its membership rewards program (the “Exclusive Membership Program”). As a A & K LOVE Exclusive Member you will receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued A & K LOVE Exclusive Member, you will enjoy exclusive VIP Member-only pricing and dedicated promotions. You may cancel your A & K LOVE Exclusive Membership at any time by calling one of our customer service representatives at 1-801-634-5301.
EXCLUSIVE MEMBER PERKS
As a A & K LOVE Exclusive Member, you will be able to purchase A & K LOVE branded items including, but not limited to, apparel and fashion items at exclusive member only discounted prices. You will also receive free shipping on all order. Exchanges are also free and returns are easy!
In addition, A & K LOVE will occasionally collaborate with premier trendsetting partners to offer specialty items at exclusive members-only prices. As a A & K LOVE Exclusive Member you will also have access to exclusive member-only sales and discounts, and special collections. A & K LOVE is always striving to create the best shopping experience to its Exclusive Members so additional benefits and perks may be added.
A & K POINTS
For every $10 dollars you spend with us, ONE point will be issued to your account automatically, every month you will get an email with the statement of your points and instructions and or options how to cash your points (1 point = $1 dollar) if they are unused following the twelve (6) months of issuance, you will loss the cash reward program rights. This is an Exclusive Membership future. A & K POINTS can be used by you to purchase identified merchandise at a price below the regular retail price if you are an Exclusive Member at the time of redemption. Non Exclusive Members can also use A & K POINTS to purchase A & K LOVE merchandise at the regular retail price. Additionally, A&K POINTS are freely transferable and can be broken and applied across multiple purchases on this Site or the A & K LOVE Services.
As of April 1, 2017, A & K LOVE shall be the sole issuer and legal obligor with respect to all A & K POINTS, including any Brand Ambassador credits issued prior to such date and converted into A & K POINTS. A & K LOVE is responsible for the management and operation of the membership credit conversion and A&K POINTS program. A converted membership credit or A & K POINTS constitutes a contract between you and A & K LOVE. By agreeing to be bound by these Terms of Service, you expressly release the Company from any liability with respect to your converted membership credits and A & K POINTS. You acknowledge that any such liability is the sole responsibility of A & K LOVE.
If you have any questions regarding our A&K POINTS policies please send all inquiries to A & K LOVE LLC, 79 B Street, Dracut, MA 01826, Attention: Customer Service, or contact our representatives at 801-634-5301 or email us at firstname.lastname@example.org.
Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Rates are calculated as follows:
|Subtotal Amount||48 Contiguous
|$39.00 and over||FREE
4-10 Business Days
7-10 Business Days
30 Business Days
6-10 Business days
|Under $39.00||$4.95 Flat Rate
4-10 Business Days
7-10 Business Days
30 Business Days
6-10 Business days
|Subtotal Amount||48 Contiguous
Puerto Rico, APO
|$39.00 and over||$8.95
2-3 Business Days
2-3 Business Days
*All delivery times above are based on average in-transit time. Orders shipped to Canada, P.O. Boxes and APOs/FPOs do not qualify for Rush Shipping.
As soon as your order ships, you will be provided with a tracking number via email. You can also find your order details and tracking information on the Order History tab within the My Account section. We do not guarantee any specific delivery dates or times.
RETURNS & EXCHANGES
If for any reason, you are not happy with your selection, you can exchange an item for another item, or return it for a credit or refund, subject to the following terms and limitations.
You can exchange your Exclusive Membership monthly selection for another item, or return it for a credit or a refund. You can exchange any additional items purchased in a given month, or return it (them) for a credit or a refund, unless you acquired it (them) with a A & K LOVE credit. Any items acquired with a A & K LOVE credit can only be exchanged or returned for a credit.
We only accept returns or exchanges up to 20 days from the original date of shipment. Any item to be returned or exchanged must be in new, unused and resalable condition. Any exchange or return should be sent back in the original, undamaged packaging, plus any accessories or extras that may have been included with the shipment. The panty protector must be in place at return. Due to our A & K LOVE pricing, we are required to charge a $5.95 restocking fee for all items returned for a refund. Items exchanged for another item or returned for a credit are not charged a restocking fee.
To make a return or exchange, please follow these steps:
- Obtain a Return Merchandise Authorization (RMA) number. This allows us to process your return. You can obtain a RMA number by calling our Fashion Consultants by dialing our toll-free number at 1-801-634-5301. Our Fashion Consultants will email you our pre-paid return shipping label. Alternatively, you can obtain a RMA number online by clicking on the link in the ‘My Order History’ section in your Boutique.
- Send the item back in the original, undamaged box and packaging.
- Attach the pre-paid return shipping label to your shipment and drop it off at any USPS,UPS or FedEx locations.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the A & K LOVE Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. A & K LOVE does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, A & K LOVE does not take title to the refunded item.
A & K LOVE is required by law to collect sales tax on orders shipped to California, and Kentucky. If your order is shipping to these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. A & K LOVE reserves the right to collect sales tax in any other jurisdictions if A & K LOVE believes that such collection is required by law.
To make purchases through the A & K LOVE Services or to become an A & K LOVE Exclusive Membership you must submit credit card information. You represent and warrant to A & K LOVE that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize A & K LOVE to use any updated credit card information submitted by your credit card company directly to A & K LOVE. If you dispute any charges, you must inform A & K LOVE within twenty (20) days upon receipt of A & K LOVE’s invoice. We reserve the right to change A & K LOVE prices, fees or the number of Member Credits required to purchase items. Your continued use of the A & K LOVE Services after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the A & K LOVE Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. A & K LOVE shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the A & K LOVE Services is in compliance with these Terms of Service. You further acknowledge and accept that A & K LOVE shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any A & K LOVE Services, which is defined as a matching and current member sign-in and user password. You shall notify A & K LOVE immediately of any unauthorized access to your Account or any other unauthorized use of any A & K LOVE Services.
You agree that A & K LOVE may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which A & K LOVE believes is harmful to its business interests: or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the A & K LOVE’s sole discretion and that A & K LOVE shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all A & K LOVE Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to A & K LOVE, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. A & K LOVE specifically prohibits any use of the A & K LOVE Service, and requires all users to agree not to use the A & K LOVE Services, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Creating multiple accounts for the same user;
- Accessing data not intended for you or logging on to a A & K LOVE server or account, which you are not authorized to access;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of this Site, A & K LOVE’s provision of services to any other visitors to this Site, A & K LOVE hosting provider or A & K LOVE networks, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “mailbombing” or “crashing” this Site;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any A & K LOVE Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to A & K LOVE and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. A & K LOVE will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. A & K LOVE shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. A & K LOVE retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the A & K LOVE Services, you can choose whether or not, you wish to share content or information related to your Account on Facebook. You agree that A & K LOVE is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the A & K LOVE Services and its social features, you agree to respect other users of the A & K LOVE Services in your interactions with them. A & K LOVE reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold A & K LOVE and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and A & K LOVE reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although A & K LOVE has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and A & K LOVE cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. A & K LOVE is not responsible for typographical errors regarding price or any other matter.
All orders placed through any A & K LOVE Services are subject to A & K LOVE’s acceptance. This means that A & K LOVE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, A & K LOVE will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any A & K LOVE Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to A & K LOVE and all rights thereto are specifically reserved. As between you and A & K LOVE, (or any other company whose marks appear on any of the A & K LOVE Services), A & K LOVE (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the A & K LOVE Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The A & K LOVE logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, ” A & K LOVE Intellectual Property”) are owned by A & K LOVE and may be registered in the United States and internationally. You agree not to display or use the A & K LOVE Intellectual Property in any manner without A & K LOVE’s prior written permission. Nothing contained on this Site or in any of the A & K LOVE Services should be construed to grant any license or right to use any A & K LOVE Intellectual Property without the prior written consent of A & K LOVE.
Except as otherwise provided herein, use of the A & K LOVE Services does not grant you a license to any materials, content or features you may access on this Site or via the A & K LOVE Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the A & K LOVE Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by A & K LOVE. If you make use of the A & K LOVE Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the A & K LOVE Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMERS AND LIMITATION OF LIABILITY
A & K LOVE publishes information within the A & K LOVE Services as a convenience to its visitors. While A & K LOVE attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the A & K LOVE Services at any time without notice. The A & K LOVE products described in the A & K LOVE Services may not be available in your region. A & K LOVE does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the A & K LOVE Services will be available for purchase in all jurisdictions.
YOUR USE OF THE A & K LOVE SERVICES ARE AT YOUR SOLE RISK. THE A & K LOVE SERVICES AND THE PRODUCTS OFFERED THROUGH THE A & K LOVE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A & K LOVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
A & K LOVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE A & K LOVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE A & K LOVE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
A & K LOVE NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE A & K LOVE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH A & K LOVE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF A & K LOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A & K LOVE NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE A & K LOVE SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. A & K LOVE SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD A & K LOVE.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONALRIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE A & K LOVE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE A & K LOVE SERVICES. IF A PRODUCT OFFERED THROUGH THE A & K LOVE SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
A & K LOVE makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the A & K LOVE Services. Hyperlinks are included solely for your convenience, and A & K LOVE makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. A & K LOVE does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the A & K LOVE Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold A & K LOVE and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the A & K LOVE Services by you or any other person accessing the A & K LOVE Services using your Account; (b) the use of, or connection to, the A & K LOVE Services by you or any other person accessing the A & K LOVE using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
Use of the A & K LOVE Services, membership in the A & K LOVE VIP Membership Program, any purchases made through the A & K LOVE Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the A & K LOVE Services, your membership in or purchases through the A & K LOVE Services, A & K LOVE Exclusive Membership Program and/or your Account, or products purchased through the A & K LOVE Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to A & K LOVE or the A & K LOVE Services must be commenced within one (1) year after the claim or cause of action arose.
Class Action Waiver
Both you and A & K LOVE waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the A & K LOVE Services, your membership in or purchases through the A & K LOVE Exclusive Membership Program and/or your Account, or products purchased through the A & K LOVE Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as “the class action waiver.”)
Agreement to Pre-Arbitration Notification These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). A & K LOVE and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or A & K LOVE shall send a letter to the other side briefly summarizing the claim and the request for relief. If A & K LOVE is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to A & K LOVE LLC., Attn: General Counsel, 79 B ST, Dracut MA 01826. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
Agreement to Arbitrate Claims
Except to the limited extent noted below, use of the A & K LOVE Services, membership in the A & K LOVE Exclusive Membership Program, any purchases made through the A & K LOVE Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the A & K LOVE Services, your membership in or purchases through the A & K LOVE Exclusive Membership Program, or products purchased through the A & K LOVE Services shall be resolved by final and binding arbitration between you and A & K LOVE.
The arbitration shall take place in Middlesex County, Massachusetts in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Dracut to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, A & K LOVE will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, A & K LOVE will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of A & K LOVE’s last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then A & K LOVE will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and A & K LOVE waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Opting out of Dispute Resolution and Class Action Waiver
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to A & K LOVE LLC., c/o Legal Department, 79 B St, Dracut, MA 01826, that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if A & K LOVE makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to A & K LOVE’saddress), you may reject any such change by sending a letter to A & K LOVE within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
These Terms of Service constitute the entire agreement between you and A & K LOVE and govern your use of the A & K LOVE Services, and they supersede any prior agreements between you and A & K LOVE. You also may be subject to additional terms and conditions that are applicable to certain parts of the A & K LOVE Services. A & K LOVE may terminate this Agreement and deny you access to the A & K LOVE Services at any time, immediately and without notice, if in A & K LOVE’s sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between A & K LOVE and you as a result of this Agreement or your use of the A & K LOVE Services.
The failure of A & K LOVE to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without A & K LOVE’s express written consent. The Terms inure to the benefit of A & K LOVE’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.