LOVE LANGUAGE BRAND DIGITAL CONTENT TERMS OF USE
Last Updated Date: [MARCH 11, 2024]
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR, PURCHASING, OR OTHERWISE USING DIGITAL CONTENT FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT.
LOVE LANGUAGE BRAND IS WILLING TO LICENSE THE DIGITAL CONTENT TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE AGREEING TO IT. BY CLICKING TO ACCEPT OR AGREE TO THIS AGREEMENT OR PURCHASING OR USING ANY DIGITAL CONTENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
YOU MAY NOT ORDER OR OBTAIN DIGITAL CONTENT FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH LOVE LANGUAGE BRAND, (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW, (D) DO NOT HAVE THE LEGAL CAPACITY TO AGREE AND COMPLY WITH THE TERMS OF THIS AGREEMENT, (E) PLAN TO ACCESS THE SITE THROUGH AUTOMATED OR NON-HUMAN MEANS, WHETHER THROUGH A BOT, SCRIPT, OR OTHERWISE; OR (F) USE THE SITE FOR ILLEGAL OR UNAUTHORIZED PURPOSES.
These Digital Content Terms of Use (this "Agreement") applies to the use of Digital Content (defined below) purchased through the Love Language Brand website located at 5lovelanguages.com (the "Site"). You should review this Agreement prior to purchasing any Digital Content available through the Site. This Agreement is subject to change at any time, by Love Language Brand (referred to as "LLB", "us", "we", or "our" as the context may require) in our sole discretion, without prior written notice.
We may revise and update this Agreement from time to time in our sole discretion. Any changes to this Agreement will be in effect as of the "Last Updated Date" referenced above, and your continued use of the Digital Content after the "Last Updated Date" constitutes your acceptance of the new terms. Once the new terms are effective, they will apply to all access to and use of the Digital Content (including Digital Content you have purchased in the past) and all subsequent purchases, until we notify you of further changes. If you do not accept any updated Agreement terms, then you should not purchase new Digital Content or use Digital Content already purchased.
2. Definitions. For the purposes of this Agreement:
(a) "Application" means software that permits users to download, access, or use the Digital Content on a Device.
(b) "Device" means a mobile, computer, or other electronic device.
(c) "Digital Content" shall mean a product in digitized form purchased or otherwise ordered from the Site and made available to you by download, including without limitation, reports, results, photographs, quizzes, assessments, eBooks and audiobooks, and any electronic or other file containing the same.
3. Digital Content.
(a) License to Use Digital Content. (i) Subject to the terms of this Agreement and upon your payment of any applicable fees (including all applicable taxes), LLB grants you a nonexclusive, non-assignable, non-transferable, non-sublicenseable, limited license to access, view, and use the Digital Content on up to ten (10) Devices only and solely for your personal, noncommercial use.
(ii) Digital Content is licensed, not sold, to you by LLB. Unless otherwise indicated, the Site is LLB’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “Digital Content”) and the trademarks, service marks, and logos therein (the “Marks”) are owned or controlled by LLB or licensed to LLB, and are protected by copyright or trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Title, ownership rights, and intellectual property rights in and to the Digital Content shall remain in LLB or its licensors. You agree to abide by the copyright and trademark laws and all other applicable laws of the United States.
(iii) We may include additional terms for use within certain of the Digital Content. Those terms will also apply and will govern in the event of a conflict with this Agreement. This license to use the Digital Content is conditioned upon your compliance with the terms of this Agreement.
(b) Restrictions of Use. You will not, directly or through others:
(i) Sell, rent, time-share, share, lease, give, distribute (including, without limitation, by group-wide email, news groups, file or discussion areas, web pages or otherwise), broadcast, sublicense, transmit, copy, disclose, translate, display, communicate, modify, including without limitation for the purpose of disguising or changing any indications of ownership or source of Digital Content, or otherwise transfer or assign or provide access to the Digital Content or any portion or copies thereof or any rights associated therewith to any third party.
(ii) Remove, erase, delete, or modify any trademark, logo, copyright notice, watermarks or other legal or proprietary notices or labels on or included in any Digital Content.
(iii) Make derivative works of the Digital Content or any part thereof.
(iv) Use the Digital Content as part of any service for sharing, lending or multi-person use, including without limitation classroom use, or for the purpose of any institution.
(v) Use the Digital Content for any promotional purposes.
(vi) Make printed copies of the Digital Content.
(vii) Access, view or use the Digital Content for any business or commercial use.
(viii) Tamper with, bypass or alter any security features of the Digital Content.
(ix) Commercially exploit the Digital Content by marketing, licensing, selling, distributing, or transferring the Digital Content to a third party.
(x) Disassemble, reverse engineer or decompile the Digital Content or software used to furnish the Digital Content to you.
(c) Basic Use Requirements. To access or use the Digital Content, you will need a Device and Application that meet the system and compatibility requirements for the relevant Digital Content, which may change from time to time, as well as working internet access. Your ability to use the Digital Content may be affected by these factors. Such system requirements are your responsibility.
(d) Free Content. LLB may allow you to download or use Digital Content or parts thereof free of charge. Any terms and conditions that apply to purchased Digital Content will apply to free Digital Content. LLB may impose limitations on your access and use of free Digital Content.
4. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are calculated in U.S. dollars and are subject to change without notice. The price charged for Digital Content will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes. All applicable taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical or other errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) The following terms may be used by us to communicate pricing information:
(i) "List Price" references our suggested retail price.
(ii) "Your Price" refers to a reduced price for a product or service.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, Discover, Diners Club, and JVC credit cards, as well as major bank Visa and MasterCard debit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
(d) Coupon codes will be applied to your purchase provided a valid coupon code is entered during the checkout process on the shopping cart page prior to entering your payment information and prior to expiration of such coupon code. Coupons are valid until 11:59 pm Central Standard Time (CST) on the date of expiration.
5. Delivery. After completing a purchase for Digital Content from us, you will receive an email containing a URL link to the location where you will be able to download any such Digital Content.
6. Returns and Refunds.
(a) Except for any Digital Content designated on the Site as final sale or non-returnable, we will accept a return of Digital Content for a refund of your purchase price, provided such return is made within 7 days of your purchase with valid proof of purchase and provided you have not already downloaded the Digital Content. Following LLB's provision of a refund to you, the transaction will be reversed, and you will no longer have the right to access the applicable Digital Content.
(b) WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LOVE LANGUAGE BRAND BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO STUDY, TEACH OR LEARN, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE DIGITAL CONTENT. IN ALL EVENTS, LOVE LANGUAGE BRAND'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IN THE AGGREGATE IS THE REPLACEMENT OR REPAIR OF THE DIGITAL CONTENT OR A REFUND OF THE PURCHASE PRICE PAID FOR THE DIGITAL CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION IS APPLICABLE TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE LIABIITY OF LOVE LANGUAGE BRAND, ITS OFFICERS, EMPLOYEES, TRUSTEES, AGENTS, CONTRACTORS, AGENTS AND REPRESENTATIVES TO YOU OR ANY OTHER PARTY OR PERSON ARISING OUT OF OR RELATED TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LESSER OF TEN DOLLARS OR THE PURCHASE PRICE PAID BY YOU TO LOVE LANGUAGE BRAND FOR THE DIGITAL CONTENT IN THE LAST TWELVE MONTHS.
8. Disclaimer. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE DIGITAL CONTENT, IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR PURCHASED FROM LOVE LANGUAGE BRAND MAY NOT BE AVAILABLE OR ACCESSIBLE TO YOU ON ALL APPLICATIONS AND/OR DEVICES AND ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU PURCHASE DIGITAL CONTENT IN A FORMAT THAT IS COMPATIBLE WITH THE DEVICE AND APPLICATIONS OWNED OR ACCESSIBLE BY YOU, AND LOVE LANGUAGE BRAND SHALL HAVE NO OBLIGATION TO REFUND ANY PURCHASE OF DIGITAL CONTENT BECAUSE SUCH DIGITAL CONTENT IS NOT ACCESSIBLE ON A SPECIFIC DEVICE OR APPLICATION. NEITHER LOVE LANGUAGE BRAND NOR ANY PERSON ASSOCIATED WITH LOVE LANGUAGE BRAND MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE DIGITAL CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER LOVE LANGUAGE BRAND NOR ANYONE ASSOCIATED WITH LOVE LANGUAGE BRAND REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE DIGITAL CONTENT, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY CONTENT OR SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE DIGITAL CONTENT OR OTHER FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
LOVE LANGUAGE BRAND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
9. Termination.
(a) You may terminate the license granted in Section 3(a) of this Agreement at any time by destroying your copy of the Digital Content.
(b) Your rights under this Agreement will automatically and immediately terminate if you fail to comply with any term of this Agreement. In the event of termination of this Agreement, (i) all the sections of this Agreement will survive except for Section 3(a) and (ii) you agree to cease all use of the Digital Content, destroy all electronic copies of the Digital Content, and return to LLB any hard copies of the Digital Content or any components thereof.
10. Compliance with Laws. You agree to comply with all applicable laws, rules, and regulations, including, without limitation, all copyright laws.
11. No Waiver. LLB's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
12. Privacy. Our Privacy Policy, 5lovelanguages.com/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
13. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14. Assignment. You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
15. Governing Law and Jurisdiction. This Agreement is entered into in Chicago, Illinois and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois. Venue for any legal actions related to this Agreement shall be exclusively in state or federal courts located in the City of Chicago, Cook County, Illinois.
16. Entire Agreement. Subject to the foregoing, this Agreement sets forth the entire agreement between you and LLB pertaining to the license of the Digital Content and supersedes in its entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
17. Severability. If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.
18. Notices.
(a) To You. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide to us or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check the Site periodically for such Notices.
(b) To Us. To give us notice under this Agreement, you must contact us by personal delivery, overnight courier or registered or certified mail to Love Language Brand, Attn: Vice President of Publishers, CC: General Counsel, 820 N. LaSalle Blvd., Chicago, IL 60610,. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
19. Corrections. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
20. Indemnification.
(a) You agree to defend, indemnify, and hold Love Language Brand harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
(b) Notwithstanding the foregoing, Love Language Brand reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. Love Language Brand will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.