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Terms of Service

Terms

Referral + Rewards Program

Privacy Policy

ABLE (“we,” “us,” or “our”) thanks you for visiting this website (“Site”). The following terms of service including the privacy policy below (collectively, the “Terms”) govern your use of our site. Any use of our Site constitutes full acceptance of our Terms. If you do not agree to these Terms, please do not use this Site. ABLE reserves the right to modify these Terms at any time without prior notification. Site users agree upon and abide by these changes accordingly without notice. Please review this page periodically for changes.

Site Content

All of the content that appears on the ABLE web site, including all text, audio and video clips, are subject to copyright protections and intellectual property rights or licenses held by ABLE. The entire content of the ABLE web site is copyrighted as a collective work under U.S. copyright laws. ABLE grants you a limited license to access and make personal use of the content on this website. Content of the ABLE website is intended solely for the personal, noncommercial use by users of our Site.

Notice(s)

ABLE may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

Product Variation

Subtle variations can add to the uniqueness of each product. Our products may be handmade, each different than the next, and be limited in quantity and availability. We have done our best to display our items as accurately as possible. Please be aware, however, that variations in color, size, shape and look may occur. If you are not satisfied your purchase, please review our returns page for further assistance.

Pricing & Discounts

We are a US company and all prices are in U.S. Dollars (USD). If you are located in another country, or your bank or card provider processes transactions in another currency, the price you are charged is subject to applicable conversion rates and fees. The terms of this paragraph apply to all of our promotional offers unless otherwise specifically provided in the applicable terms of a particular promotional offer: Only one discount or coupon code can be applied per purchase. Offers cannot be redeemed for cash or applied to past orders. All offers are valid while supplies last. We reserve the right to substitute any product at our discretion and the right to limit quantities and discounts without notice. No discounts are valid for bulk orders or for gift card purchases. Free or discounted shipping offers are only valid for orders within the United States.

Site Use

You are prohibited from accessing or using the ABLE Site for any illegal or unauthorized purpose and agree to comply with all laws and regulations in the use of the Site and any programs related to it. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. While ABLE cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent. You further agree that no comments or other user submissions submitted by you will violate any right of any third party, including copyright, trademark, privacy or other rights. You further agree that no comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. ABLE may terminate its site at any time, and you will still be bound by your obligations under these Terms. ABLE shall not be liable to you or any third-party for any termination of your access.

Submissions

User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to ABLE on or by this Site shall be and remain ABLE property. Users assign all property rights and interests to ABLE allowing our company unlimited use, commercial or otherwise, of any comments. ABLE shall be under no obligation to maintain any comments in confidence, pay users any compensation for any comments or respond to any comments.

Errors

The information on the ABLE website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing, color, style and availability. We shall have the right to terminate any orders involving errors or inaccuracies.

Indemnity

You indemnify, defend and hold ABLE (its employees, officers, directors, agents, subsidiaries, members, shareholders, partners and joint ventures) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms or any activity related to your account or use of this Site (including negligent or wrongful conduct).

Third Parties

ABLE may use and promote services provided by outside third parties. However, even if the third party is affiliated with ABLE, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, ABLE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE SITE AND ANY PRODUCTS SOLD BY THE SITE BY A USER ARE AT THE USER’S SOLE RISK.

LIMITATION OF LIABILITY

ABLE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, PRODUCTS AND SERVICES ON OR SOLD THROUGH THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF ABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

ABLE (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: 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, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at shopify@livefashionable.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Nashville, Tennessee before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ABLE’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

Referral and Rewards Program

Our rewards and referral program ("Program") is subject to the Terms including but not limited to the above paragraph on discounts and the following:

Your participation in the Program is expressly conditioned upon your compliance with the Terms. By creating an account with us and participating in the Program, you (“you” or “Member”) agree that you have read, understand and agree to be bound by the Terms and to comply with all applicable laws and regulations. Program terms and conditions are void to the extent where prohibited by law. Taxes may apply where required by law. Your participation in the Program is subject to present and future Program terms and conditions. The Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. If you do not agree to by bound by the Terms, our website Privacy Policy, and our website Terms of Use, you cannot participate in the Program.

The Program is offered at our sole discretion. Membership is open to individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. Membership in the Program is voluntary. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups, as well as wholesale purchasers (whether a business or individual), may not participate in the Program. Employees of ABLE are not eligible to participate in the Program. ABLE reserves the right to limit the number of participants in the Program.

Eligible individuals may enroll in the Program by creating an account with our site and following the Program prompts to participate in the Program. Participation in the Program includes but is not limited to using the refer-a-friend links and functionality, redeeming points for Rewards (as defined below) such as gift card or discount codes, and taking actions to earn points such as entering your date of birth. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Members must provide the required information to be enrolled and to be eligible for benefits and rewards, such as ABLE products, discounts, gift cards, and samples (“Rewards”). Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of the Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. To redeem points for a Reward, you must have a valid physical address linked to your Member account.

You may earn points for dollars you spend on each ABLE online transaction, excluding federal, state, and local taxes, shipping charges, employee discounts, commercial account purchases, charitable donations, returns, refunds, and items purchased with a gift card, merchandise credits or any Rewards or other awards (“qualifying purchases”). For your purchase to qualify to earn points, you must be signed into your Member account at the time of purchase or provide your Program member identification (that is, the email address you registered under the Program) when making a qualifying purchase. ABLE may also, at its sole discretion, provide additional points in connection with certain transactions and promotions. If you return items from a qualifying purchase, the appropriate number of points will be automatically deducted from your account balance. You are able to earn points and may be able to reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn points and reach a certain loyalty tier, you may be eligible for certain Rewards applicable to that tier, which may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (for example, in marketing communications and social media). Login to your account to learn more about earning points and reaching the Program loyalty tiers, if any.

ABLE may also, at its sole discretion, provide points in connection with referrals to new customers. In such event, only referred friends that have created an account after clicking on a valid referral link and made a purchase meeting the applicable purchase threshold (e.g. making a minimum purchase of $40 or as otherwise set from time to time) will constitute a referral. A referred friend may only use one referral link. If a referred friend receives referral links from multiple Members, only the corresponding Member referral link used by the referred friend will receive points. In the event a referred friend clicks on multiple links, we reserve the right to award no points to any Member, select a single Member to reserve all the applicable points, or award partial points to multiple Members, at our sole discretion.

Points have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate points or Rewards. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, sold or otherwise transferred for consideration, other than by ABLE or as expressly provided for in the Terms, and any receipt or use of points in violation of the terms and conditions herein will render such points void. Neither accounts nor Rewards or points may be shared or combined. Points earned are not eligible for redemption until after a review period, which unless otherwise stated in writing is the longer of 3 business days or ABLE’s applicable return period for the product purchased. Points are not capable of being combined or transferred to any other type of ABLE promotion or award. After 12 months of inactivity, points may expire. Inactivity is defined as a period in which a Member earns no points, makes no purchases, and redeems no points.

The number of points necessary to earn a Reward is determined by ABLE in its sole discretion and may be changed without prior notice to you. You may redeem points on the Site by signing into your online account or providing your Program member identification. Points used to redeem a Reward will be deducted from the total points available in your Member account. Points may not be used towards sales taxes. Credits from multiple accounts may not be aggregated unless authorized by ABLE. We reserve the right to change Rewards, how you earn Points and reach each Program tier and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Program, or any combination thereof. Rewards can only be redeemed on the Site, unless otherwise expressly authorized by ABLE. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. The products and services available through the Program and any samples that we may provide to you are for your personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled or any products or services to provide to you that we believe, in our sole discretion, may result in a violation of the Terms.

Privacy Policy

What information do we collect?

We collect information from you when you register on the Site, surf the Site, place an order, enter a contest, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our Site. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

How do we use your information?

We may use the information we collect from you as follows: to personalize your Site experience and allow us to deliver the type of content and product offerings in which you are most interested; to allow us to better service you in responding to your customer service requests; to quickly process your transactions; and to administer a contest, promotion, survey or other Site feature. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below.

Do we use “cookies”?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enable a site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better Site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct, advertise and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Safari, Firefox or Internet Explorer) settings. Each browser is a little different, so look at your browser help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Site experience more efficient and some of our services will not function properly.

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include our business, hosting providers and other parties who assist us in operating our Site. We may also release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect our or others’ rights, property or safety. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses.

How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know through our Contact pageor by clicking on the “unsubscribe” button at the bottom of any email you receive from us. Please note that due to email production schedules you may receive emails already in production. Please note that we may maintain information about sales transactions in order to service transactions and for record keeping.

Questions and Feedback

We welcome your questions, comments and concerns about privacy. Please send us feedback by visiting our contact page.