Live Love Fruit

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Terms of Service


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to LiveLoveFruit.com (the “Website”). The following Terms of Use (the “Agreement”) govern your use of this Website and any content associated with this website. The Website is owned and operated by LiveLoveFruit.com (Live Love Fruit).

By using this website, including purchasing products from this website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms & Conditions. If you do not agree to these terms of use, you may not use this website.

You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.

Terms of Service

Live Love Fruit, LiveLoveFruit.com and associated companies grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the website for your personal use.

This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or its contents; any downloading or copying of information; or any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LiveLoveFruit.com. You may not use any meta tags or any other “hidden text” utilizing LiveLoveFruit’s name or trademarks without the express written consent of LiveLoveFruit.com. Any unauthorized use terminates the permission or license granted by LiveLoveFruit.com and associated companies.

Live Love Fruit and LiveLoveFruit.com reserve the right to change any information, features and functions of this website without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.

As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website.

The owner of this website does not consent to the content on this website being used or downloaded by any third parties for the purposes of developing, training, or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication). Absent such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached these Terms of Service.

Copyright and Intellectual Property Ownership

The entire contents of the Website, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under Canada and other copyright laws, and is the property of LiveLoveFruit.com and is protected by copyright and other intellectual property or proprietary rights. 

All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Live Love Fruit and LiveLoveFruit.com, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Live Love Fruit and LiveLoveFruit.com under the copyright laws of Canada and other countries. Live Love Fruit may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. Live Love Fruit reserves all rights not expressly granted in and to the Website and the Content.

Live Love Fruit Trademark

Unless otherwise noted, Live Love Fruit and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of Live Love Fruit and LiveLoveFruit.com. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of Live Love Fruit and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited. 

Proper use of the Live Love Fruit name and trademarks is important. You may use the Live Love Fruit trademark to accurately describe or refer to Live Love Fruit’s website, goods and services. You may use the Live Love Fruit registered marks and trademarks to direct your visitors to the LiveLoveFruit.com homepage or other pages on LiveLoveFruit.com.

No Professional, Medical or Legal Advice

The information on this website has not been evaluated by the Food and Drug Administration (FDA) and is not intended to diagnose, treat, prevent, or cure any disease. This site is for educational and informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or product. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website or it’s Forum. If you suspect you have a medical problem, or should you have any health care related questions, please call or see your health care practitioner as soon as possible.

Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

In addition, the information on this website should not be construed as legal advice. Always seek the advice of a licensed attorney in your state with any questions you may have about the law.

NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.

Products and Services

The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products and services without obtaining Live Love Fruit and LiveLoveFruit.com’s prior written consent. LiveLoveFruit.com may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. We may revise and discontinue products at any time. Prices and promotions are subject to change without notice.

Billing and Payment

Terms of payment are within our sole discretion, and unless otherwise agreed to by us in writing, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. All payments must be made in United States dollars. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website.

Accounts

Some services on the Website permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at [email protected] of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any of the Website. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account and your ability to use any of the Websites or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

Content Submitted by Users

Sometimes users submit content to our website. If you submit content, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Users who submit material agree that this license includes the right for us and other users of our services to make the content available to others for publication, distribution, syndication, or broadcast on other media and services, subject to our terms and conditions for content use. These additional uses by us or others may be made with no compensation paid to the user who submitted it.

Users also represent, warrant and agree that they have not and will not contribute any content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that is incorrect, misleading, or deceptive; (6) contains other people’s private or personally identifiable information without their express authorization and permission; and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right to remove any content, suspend, remove or terminate access to our services at any time, or pursue any other remedy or relief available under equity or law. The best thing to do before submitting content is to ask yourself beforehand if what you submit could potentially harm someone else (or their computer) or violate anyone else’s rights. If you think it might, don’t do it.

Public Forums and Communication

“Forum” means an area, site or feature offered as part of this Website that offers the opportunity for users to distribute Submissions for viewing by one or more Website users, including but not limited to the comment section of any blog post, instant messaging, mobile messaging, and social media pages (Facebook, Twitter, Google+, Youtube, Instagram, Pinterest, Linkedin, etc.).

You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Additionally, you grant Live Love Fruit and LiveLoveFruit.com the right to reprint, publish or otherwise use in a public manner any information posted in forums or comment sections of this Website or associated social media.

You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. Refer to the comment policy for specific policies. By way of example, and not as a limitation, you agree that when using a Forum (including the comment section of any blog post), you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying a Forum.
  • Violate any code of conduct or other guidelines (including the comment policy and terms of service) which may be applicable for any particular Forum.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • You are and will remain solely and completely responsible for the Submissions you Distribute through the website under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion.

Links on this website direct visitors to various food, beverage and dietary supplement products on third party websites. These products are not intended to diagnose, treat, cure, or prevent any disease. Live Love Fruit and LiveLoveFruit.com and the administrators of this website and any Forum on this website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act.

We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute on this Website.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

Disclaimers

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Live Love Fruit and LiveLoveFruit.com and all associated companies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LiveLoveFruit.com AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LiveLoveFruit.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Live Love Fruit, LiveLoveFruit.com AND ASSOCIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF Live Love Fruit OR ASSOCIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright

The entire contents of the Website (including all information, software, text, displays, images, graphics, digital downloads, data compilation, code, video and audio) and the design, selection and arrangement thereof, is property of LiveLoveFruit.com and is protected by Canada and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. The collective work includes all works that are licensed to LiveLoveFruit.com Copyright © 2018, Live Love Fruit and LiveLoveFruit.com.

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining written consent from LiveLoveFruit.com.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site are transferred to you, and all rights not expressly granted are reserved by Live Love Fruit and LiveLoveFruit.com. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Indemnification

You agree to indemnify, defend and hold harmless Live Love Fruit, LiveLoveFruit.com, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, resulting from any violation of this Agreement, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the Website.

Trademarks

The Website name, the Website logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Website or its affiliates or licensors. You must not use such marks without the prior written permission of the Website. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Corrections Policy

Accuracy in content is given high priority. News and information tips from readers are encouraged and validated. Valid corrections are always welcome.

Third-Party Links

The website may link to websites operated by third parties. Live Love Fruit and LiveLoveFruit.com have no control over these linked sites, all of which have separate privacy and data collection practices, independent of LiveLoveFruit.com. Live Love Fruit and LiveLoveFruit.com is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Live Love Fruit and LiveLoveFruit.com are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

CAN-SPAM Act

In accordance with the Controlling the Assault of Non- Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Live Love Fruit follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member area, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email [email protected] and your account will be permanently removed from our system.

DMCA Notice

LiveLoveFruit.com complies with the provisions of the Digital Millennium Copyright Act (DMCA). All content on LiveLoveFruit.com is the original work of the author, unless otherwise noted, cited or quoted. If you have a concern regarding the use of copyrighted material on the Website, please contact us using the following procedure:

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

  1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit this information electronically to: [email protected]

LiveLoveFruit.com will respond to any DMCA complaints in a timely manner, and will remove any material that is found to be a copyright infringement.

Binding Arbitration (“Arbitration Agreement”)

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to:

PO Box 58014 RPO Bishop Grandin, Winnipeg
Manitoba R2M 2R6 Canada

You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

Consent to Data Collection.  These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications.  You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein).  You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.

Limitations on Liability. YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Please also read the official Live Love Fruit Full Disclaimer, Privacy Policy and Affiliate Disclosure. Using LiveLoveFruit.com indicates acceptance of these policies.