Terms and Conditions
Terms and Conditions
Earring Support, LLC reserves the right to update or modify these Terms and Conditions at any time. When changes are made, we will make the revised version available on this webpage, and will update the “Last Updated” date, copied below. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from Earring Support, LLC or otherwise use the Site. By using this Site, you agree to be bound by the Terms and Conditions posted on the Site at the time of your access.
These Terms and Conditions form a legally binding contract between you and us. By using our Site, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions, and to abide and comply with these Terms and Conditions.
Everything on or used in connection with our Site, including but not limited to Levears’(”Levears”) name and logo, product images and descriptions, Site design, the look and feel of the Site, text, graphics, button icons, images, audio clips, page headers, trademarks, content, the selection and arrangement thereof, and all software belongs to or is licensed to Earring Support, LLC, and is protected by U.S. and international laws, including laws governing copyrights and trademarks. Permission is granted to electronically copy and to print in hard copy portions of the Site for purposes of placing an order with Earring Support, LLC or for non-commercial uses. Any other use of the materials on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Earring Support, LLC is strictly prohibited. Use of any materials on the Site in connection with any product or service that is not offered by Earring Support, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Earring Support, LLC, is also prohibited.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Site or frame any portion of the Site. You may not circumvent any mechanisms included in the Site for preventing the unauthorized reproduction or distribution of the content or materials contained on the Site.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Earring Support, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
While we make reasonable efforts to ensure the information provided on the Site is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Site. The content on the Site is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. The information contained on the Site may be compiled from a variety of sources. See the “Disclaimer” Section below for more details.
Proper Use of the Site
You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of these Terms and Conditions and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Site in order to (a) determine whether a violation of these Terms and Conditions has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
Certain parts of the Site may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
Third Party Links
Earring Support, LLC may from time to time provide links to other websites or applications (collectively, “Third Party Websites”) as a service to those interested in this information. Earring Support, LLC does not monitor, approve or have any control over any content located on Third Party Websites. The inclusion of any links to Third Party Websites does not imply any association or relationship between Levears’ and the Third Party Website, and Earring Support, LLC does not guarantee, endorse or adopt the accuracy or completeness of content on any Third Party Website. Earring Support, LLC is not responsible for updating or reviewing content on Third Party Websites. You use Third Party Websites at your own risk. Links to Third Party Websites do not imply legal authority to use any protected rights of others reflected in the links. If you use any of these links, you will leave the Site.
Children Under 13
The Site is not intended for children. We do not knowingly collect personally identifiable information from children, and our Site is not designed to attract children. Children under 13 may look at the Site, but are not permitted to make a purchase, create an account, enter a promotion, submit a customer survey or sign-up for emails. If we discover someone under the age of 13 has created an account or has otherwise provided us with their personal information, no matter how adorable they might be, we will remove their personally identifiable registration information from our records. If you are under 13 and would like to make a purchase, please ask a parent or legal guardian to place the order for you.
Use of Products and Services
The products and services available on the Site, including any samples Earring Support, LLC may provide to you, are for personal use only. All material and information presented by Earring Support, LLC is intended to be used for personal educational or informational purposes only. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the composition of products to avoid potential allergic reactions.
You may not sell or resell any of the products or services you purchase or otherwise receive from Earring Support, LLC. Earring Support, LLC reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you where Earring Support, LLC, in its sole discretion, believes may result in the violation of these Terms and Conditions.
We think you’ll enjoy Levears as much as we do, but if you’re not completely pleased for any reason, just contact our customer service to return the containers within 30 days of receipt. You’ll get a full refund of the purchase price (minus shipping and handling).
EARRING SUPPORT, LLC IS PROVIDING THE SITE AND ITS CONTENTS ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EARRING SUPPORT, LLC DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EARRING SUPPORT, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. EARRING SUPPORT, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US RELATING TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE REGARDING ANY PRODUCT PURCHASED ON THE SITE IS A REFUND OF THE PRICE PAID OR REPLACEMENT OF THE PRODUCT, AS MORE SPECIFICALLY DESCRIBED IN THE PURCHASE TERMS.
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE OR ANY PRODUCT ADVERTISED OR SOLD ON THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITE OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Earring Support, LLC via its Site designated copyright agent (listed below) with the following written information in accordance with the Digital Millennium Copyright Act (17 U.S.C. 512 et seq.): 1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner; 2. A description of the copyrighted work claimed to have been infringed; 3. A description of the material that you claim is infringing, and where it is located on the Site; 4. Your address, telephone number, and email address; 5. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement that you consent to the jurisdiction of the United States District Court for the judicial district pertaining to your address, or if your address is outside of the United States, for any judicial district in which Earring Support, LLC is located, and that you will accept service of process from the person who provided notification or an agent of such person; and 7. A statement by you, made under penalty of perjury, that the above information is accurate, and that you are authorized to act on behalf of the copyright owner.
If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Earring Support, LLC’s Designated Agent for claims of copyright infringement can be reached at:
C/O Earring Support, LLC
888 E Las Olas Blvd
Fort Lauderdale, FL 33301
You agree to defend, indemnify and hold harmless Earring Support, LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site; (b) your violation of any term of these Terms and Conditions; (c) a breach of these Terms and Conditions; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content that you submitted to the Site caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Site.
Governing Law and Jurisdiction
These Terms and Conditions and all questions relating to the performance, interpretation, breach or enforcement of these Terms and Conditions, or the rights, obligations and liabilities of you and us under them are governed by the laws of the State of Florida.
You agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Site will be decided by binding arbitration. All disputes between you and Earring Support, LLC of any kind or nature arising out of your use or enjoyment of the Site, shall be submitted to Judicial Arbitration and Mediation for binding arbitration in the State of California, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. Earring Support, LLC reserves the right to refuse to process an order or refund due to suspected fraud or unauthorized or illegal activity. If such is the case, Earring Support, LLC may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts, refuse to ship to certain addresses, or withhold refunds or concessions due to suspected fraud or unauthorized or illegal activity. Earring Support, LLC takes these measures to protect Earring Support, LLC’s customers as well as Earring Support, LLC from fraud or other unauthorized or illegal activity.
No Reseller Activity
The products and services available on the Site, including any samples Levears may provide to you, are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from Earring Support, LLC. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or withhold refunds or concessions, in our sole discretion, to those individuals we believe may be engaged in suspicious reseller activity or are otherwise violating these Terms and Conditions. Among other things, we may suspect reseller activity based on factors such as order frequency, amount and quantity.
Comments, Feedback and Other Submissions
We welcomes your comments and feedback regarding the Site, and Levears products and services. Any information, materials, suggestions, ideas or comments sent to Earring Support, LLC will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Earring Support, LLC an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever. Unless required by law, Earring Support, LLC will not use your full name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.
The failure of Earring Support, LLC to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term. Further, it shall not impact Levears’ ability to enforce any other provision in these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Effective Date: 12/15/2014
Last Updated: 12/15/2014