Terms of service

Welcome and thank you for visiting https://loveyourmelon.com/ (the “Site”), a website operated by BOGO LLC d/b/a Love Your Melon (hereinafter, “Love Your Melon” or “LYM”). By accessing or using this Site, you agree to be bound by the following terms and conditions (these “Terms”). Please read these Terms carefully before using this Site. These Terms are a legally binding agreement between you and Love Your Melon. These terms do not purport to supersede any legally binding agreements between you and Love Your Melon which are independent from your use of the Site.

BY ACCESSING OR USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THIS SITE.

This Terms also cover your purchase of any goods or services through the Site. Additional terms specific to purchases are included in Section 12 below.


1. Use of this Site.

a. Eligibility. You must be at least sixteen (16) years or older to access the Site.

b. License. On the condition that you comply with all of your obligations under these Terms, Love Your Melon grants you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license to access this Site with a generally available web browser to view information and use this Site. Any other use of this Site is strictly prohibited and a violation of these Terms. Love Your Melon and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property, and all other rights and interests in this Site and all related items.

c. Revision of these Terms. Love Your Melon may revise these Terms at any time with or without additional notice to you. Such revised Terms will be effective when posted on this Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of this Site after the effective date of changes to these Terms indicates your acceptance of such revisions.

d. Cessation of Service. Love Your Melon reserves the right to modify, terminate, and suspend the operation of this Site, as well as the provision of any or all products or services offered through this Site, without notice or liability, at any time and for any or no reason in its sole and absolute discretion.

e. Inherent Risks. You understand that your use of the Site involves submission of information over the internet and that communications distributed by this Site may be distributed by electronic mail, both of which by their nature are insecure and unreliable. Transmission of information over the internet, including by electronic mail, is subject to interception, misdirection, and loss. In addition, an electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by this Site may access the hyper-links to files contained on this Site, as this Site does not authenticate or validate the identity or authority of any person following a hyper-link contained in any such message.


2. User Accounts.

  1. Security. If you create an account on the Site, you shall not transfer or share your login information to or with any third party. You shall be solely responsible for any authorized or unauthorized use of your username, password, and access to your account by any person, including any purchases made therefrom.  You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password.  LYM and its affiliates, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
  2. Prices and Payment. You are responsible for paying any and all fees associated with your use of the Site, including any products purchased through the Site and associated shipping, handling, and similar fees and costs. All prices are shown in U.S. dollars except as otherwise expressly stated. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law. You acknowledge that LYM may change its prices and available products at any time. All sales are subject to availability and LYM reserves the right to limit the products and quantity available, and to reject all or part of any order without notice, regardless of whether the affected order has been placed or accepted. Your payment information for any purchases you make through the Site will be processed and stored through a third-party payment processor and you hereby authorize the use of such third-party services and authorize us to share your information for the purposes of performing obligations under these Terms.
  3. Product Descriptions. LYM endeavors to provide information regarding its products and services that are as accurate as possible. However, LYM cannot guarantee that all information, descriptions, pricing, or other information are current, complete, or error-free. In the event of any discrepancy or error, we reserve the right to correct such error, revise your order, or reject the order without providing prior notice, even if you have already submitted and LYM has accepted the order and/or payment. The sole and exclusive remedy in such circumstances shall be an account credit or refund.


3. Prohibited Uses.

You agree that:

  1. you will not violate these Terms or any of Love Your Melon’s or its licensors’ rights or use this Site to violate the rights of any third party such as copyright or trademark rights;
  2. you will copy information from this Site only as necessary for your personal, non-commercial use to view, save, print, fax, or e-mail such information;
  3. you will not otherwise reproduce, modify, distribute, display, or provide access to this Site or its content;
  4. you will not create derivative works from, decompile, disassemble, or reverse engineer any portion of this Site;
  5. you will not upload to or distribute through this Site or the Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit, or harm the functionality of a computer or device;
  6. you will not record, process or mine information about other customers, Site visitors, or access, retrieve, or index any portion of this Site;
  7. you will not remove or modify any copyright or other intellectual property notices that appear on this Site;
  8. you will not access or use this Site in any manner that could damage, disable, overburden, place an unreasonable load on, interfere, or attempt to interfere with the proper working of, or impair, this Site, its computer systems, or network;
  9. you will not attempt to gain unauthorized access to any parts of this Site or any of this Site’s computer systems or networks;
  10. you will not use this Site in any way that is unlawful, harms Love Your Melon’s business, Love Your Melon’s service Love Your Melons, licensors, representatives, or any other user, or breaches any policy or notice on this Site;
  11. you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s user name, password or other account information, or another person’s name, likeness, image or photograph;
  12. you will not charge any person for access to any portion of this Site or any information on this Site;
  13. you will not access this Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Site) without Love Your Melon’s prior express written permission;
  14. you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Site; and
  15. you will not assist, encourage or enable others to do any of the preceding prohibited activities.


4. Representations and Warranties.

You represent and warrant that:

a. the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties;

b. you will use the Site and services provided by the Site for lawful purposes only and subject to these Terms;

c. you agree that Love Your Melon will not be liable for any losses incurred as a result of a third party’s use of the Site and services provided by the Site associated with your use, regardless of whether such use is with or without your knowledge and consent;

d. you will not use the Site and services provided by the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with use of the Site or services by others;

e. any information submitted to the Site or Love Your Melon by you is true, accurate, and correct;

f. you understand that, except at expressly stated in these Terms, these Terms do not grant you any license to use, reproduce, distribute, display, or provide access to any portion of this Site on third-party websites, or otherwise;

g. you will not attempt to gain unauthorized access to the Site or services provided by the Site, computer systems, or networks under the control or responsibility of Love Your Melon through hacking, cracking, password mining, or any other unauthorized means;

h. you are not a competitor of Love Your Melon or its licensors and are not using the Site or services provided by the Site for reasons that are in competition with Love Your Melon or its licensors;

i. if you use this Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms; and

j. you understand that, to the extent that you create an account to use the Site, you are responsible for security of your username and password, and you will notify Love Your Melon in the event that the security of your username and/or password is compromised.



5. Intellectual Property.

a. Content of this Site. Love Your Melon or its licensors own all of the content that is made available in connection with this Site (the “Site Content”), including visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software, and all other elements and components of this Site. Love Your Melon or its licensors also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with this Site and the Site Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws.

b. Restrictions. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Site Content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by these Terms, neither Love Your Melon nor any of its licensors grant you any express or implied rights, and all rights in and to this Site and the Site Content are retained by their holders.

 

6. SMS Terms

  1. By opting in to receive SMS messages from Love Your Melon, subscribers will receive promotional marketing messages. Message Frequency varies.

  2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

  3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at care@lym.com.

  4. Carriers are not liable for delayed or undelivered messages

  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

  6. By participating in the Program, you agree to receive auto dialed or prerecorded marketing mobile messages (including cart reminders). Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, including cart reminders.

  7. If you have any questions regarding privacy, please read our privacy policy: https://loveyourmelon.com/policies/privacy-policy

7. Indemnification.

You agree to indemnify, defend, and hold Love Your Melon, as well as Love Your Melon’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, officers, directors, employees, agents, and representatives of each of them (collectively, the “Love Your Melon Parties”) harmless from any and all claims, liability, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to:

a. your access to or use of this Site; or

b. your violation of these Terms, including without limitation your breach of any representation or warranty.

Love Your Melon reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Love Your Melon Parties, and you agree to cooperate with Love Your Melon’s defense of such claims. You agree not to settle any such matter without Love Your Melon’s prior written consent. Love Your Melon will use reasonable efforts to notify you of any such claim, action or proceeding when Love Your Melon becomes aware of it. Each of the Love Your Melon Parties is an express third party beneficiary of this indemnification provision, with full rights to enforce its terms.


8. Third Party Services.

This Site may include links to third-party products, services and websites, as well as materials provided by third parties (collectively, “Third-Party Content”). Neither these Terms nor this Site endorse or take responsibility for any Third-Party Content. You agree that the Love Your Melon Parties are not responsible for the availability or contents of Third-Party Content. You understand that the Love Your Melon Parties have no obligation to, and generally do not, approve or monitor materials provided by third parties through this Site. Your use of Third-Party Content is at your own risk.


9. Limitations of Liability.

a. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS,” AND LOVE YOUR MELON: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THIS SITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF LOVE YOUR MELON TO ANY THIRD PARTY. USE OF THIS SITE IS AT YOUR SOLE RISK. LOVE YOUR MELON MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, Love Your Melon does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets, and Love Your Melon does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of the Site or rights granted or provided by Love Your Melon hereunder.

b. No Consequential Damages. Love Your Melon shall not be liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage of any kind, including without limitation, lost business or profits, whether arising in tort (including negligence), equity, breach of contract, or otherwise (and whether or not such damages are foreseeable or Love Your Melon has been advised of the possibility of such loss or damage). In no event will any of the officers, trustees, directors, partners, employees, consultants, beneficiaries, joint venturers, members, stockholders, or other principals or representatives of Love Your Melon, ever be personally liable to you under, arising out of, or related to these Terms (including for direct or consequential damages), and you hereby waive the right to recover damages from any such persons.

c. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE LOVE YOUR MELON PARTIES’ MAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. If applicable law limits the application of the above limitation of liability, Love Your Melon’s liability will be limited to the maximum extent permitted by law.

d. Reliance on Information Posted. You acknowledge and agree that the information and documents made available by Love Your Melon, including through the Site, is solely for general information purposes. Unless expressly stated otherwise, Love Your Melon does not warrant the accuracy, completeness, or usefulness of information or documents provided through the Site. None of the information or documents made available by Love Your Melon to you should be construed as financial advice. Any reliance you place on such information or documents is strictly at your own risk.


10. Confidentiality.

The information available on the Site relates to Love Your Melon, its affiliates and partners (collectively, the “Disclosing Parties”), and may include highly confidential information. You hereby agree to maintain any information provided to you that is non-public or marked as confidential in strict confidence and acknowledge that such information is proprietary and confidential, that the Disclosing Parties and their affiliates derive independent economic value from such information not being generally known, and that such information is subject to reasonable efforts by the Disclosing Parties to maintain its secrecy. You hereby agree that this confidential information available on the Site constitutes trade secrets and that the disclosure of any such information will cause substantial and irreparable competitive harm, as well as financial and strategic damage to the Disclosing Parties, their affiliates and/or the investment funds and opportunities managed by the Disclosing Parties or their affiliates. The reports available on the Site are for use by investors and potential investors or their authorized designees, and you hereby agree that this information shall only be used by you in connection with an evaluation or the monitoring of any investments. In addition, you agree that any information on this Site shall not be disclosed to any other person or entity or reproduced in any manner (by print, by electronic means or otherwise) without the express written authorization of the applicable Disclosing Party; provided, that such information may be disclosed on a need-to-know basis to other employees of your organization and to your investment advisers (so long as (i) they are bound by an obligation to maintain the confidentiality of such information that is at least as protective as your obligations under these Terms, and (ii) such other employees and investment advisers are not given your password to access this Site) or as explicitly required by applicable law. You agree to be responsible for the consequences of dissemination of any information from the Site by such employees and investment advisers.


11. Miscellaneous 

a. Governing Law. These Terms shall be governed by the laws of the State of Minnesota regardless of conflict of laws principles.

b. Disputes. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in the State of Minnesota. You irrevocably submit and consent to the venue in and the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in the State of Minnesota. If you access the Sites, Software or the Services from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota and you are solely responsible for compliance with all local laws.

c. No Assignment. These Terms, and any rights or obligations under these Terms, are not assignable, transferable, or sublicensable by you except with Love Your Melon’s prior written consent, but may be assigned or transferred by Love Your Melon without restriction. Any attempted assignment by you shall violate these Terms and be void.

d. Beneficiaries. Nothing in these Terms is intended to, nor will be deemed to, confer rights or remedies upon any third party.

e. Amendments; Waivers. Love Your Melon may modify these Terms as provided in Section 1(c) (Revision of these Terms). These Terms may not be modified, amended, terminated, or waived, in whole or in part, by you except by a written instrument signed by Love Your Melon. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.

f. Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.

g. Notices. To send notices to Love Your Melon, or if you have any questions regarding these Terms, please contact Love Your Melon at legal@lym.com.  Love Your Melon may provide you with notices, including notices of changes to these Terms, by electronic mail, regular mail, or communications through this Site.

h. Entire Agreement. These Terms contain the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous representations, promises, agreements, and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such services.

i. Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.

j. Equitable Relief. You acknowledge and agree that any breach or threatened breach of Sections 5 and/or 10 would cause irreparable harm to Love Your Melon for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, Love Your Melon will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

k. Disclaimer. The information contained in this website is for informational purposes only and is not intended, and should not be used or construed, as an offer to sell, or a solicitation of any offer to buy, any security. No such offer or solicitation may be made prior to the delivery of definitive offering documentation. The information in this website is not intended and should not be construed as investment, financial or other advice.


12. Additional Terms of Sale

  1. Shipping. All shipping items are described in more detail during the checkout process. Unless expressly stated otherwise in writing, shipping is not included in the purchase price and such costs are the responsibility of each customer. LYM offers international shipping options, but all import duties are also the responsibility of each customer. Please allow up to 5-7 business days for your orders to be processed and for the initial shipment to take place. You may email care@lym.com with any questions. LYM endeavors to respond to all emails within 3-5 business days, but due to volume, LYM cannot guarantee that all emails will be responded to within this time frame.
  2. Cancellations. Your order can be cancelled if it has not been processed and shipped. All cancellations are final and we cannot guarantee your desired items will be available when you place another order. If you would like to cancel your order and it hasn’t shipped yet, please email care@lym.com as soon as possible.
  3. Returns and Exchanges. All orders may be returned or exchanged up to fourteen (14) days after the delivery of the order. Except in the case of manufacturing defects, you are responsibility for shipping costs to return or exchange such products. Please contact care@lym.com with your order information to initiate a return or exchange. Such orders can be shipped back to our warehouse at the address below:

Geodis

Attn: LYM

1101 West Taylor Road

Romeoville, IL 60446


We reserve the right to deny any returns or exchanges if the item does not meet our requirements and we are not responsible for any lost returns. Unless expressly agreed otherwise in writing, any refunds for returns will be refunded through the original form of payment.

  1. Manufacturing Defects, Incorrect/Missing Items. If your product has a manufacturing defect, email care@lym.com with photos of your product. We will review the information and work with you to resolve.
  2. Gift Cards. Any gift cards purchased through the Site are redeemable only for merchandise provided for sale on the Site. Cards may not be redeemed for cash value except to the extent required by applicable law. There are no service fees or fees for non-use. There are no expiration dates. Purchases with gift cards will be deducted from the balance until such cards reach $0. Gift cards are non returnable and non-refundable. It is your responsibility to protect gift cards and you should not share the gift card information with any third party. LYM is not responsible for any lost, stolen, or destroyed cards, nor any use made by a third party without your permission.
  3. Additional Terms and Information. These Terms are subject to change. For additional information regarding our Terms of Sale, please see our Frequently Asked Questions page at www.lym.com/pages/faq.



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