Terms of Use

Welcome to Honeylove, a website located at www.honeylove.com (the “Site”) and operated by Honeylove Sculptwear, Inc. (“Honeylove”, “us”, “our”, and “we”). Honeylove provides the Site and services provided through the Site (“Services”) including an online store where customers can purchase clothing and associated items (“Products”).

These Terms of Use (“Agreement” or “Terms”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent that you have the right, authority, and capacity to enter into this Agreement. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.

We may amend or modify this Agreement at any time by posting the revised agreement on the Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.

PLEASE BE AWARE THAT SECTION 16 (DISPUTE RESOLUTION) AND APPENDIX 1 OF THIS AGREEMENT CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND HONEYLOVE. AMONG OTHER THINGS, APPENDIX 1 INCLUDES AN AGREEMENT TO ARBITRATE THAT REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  APPENDIX 1 ALSO CONTAINS A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A FORUM SELECTION CLAUSE.  PLEASE READ SECTION 16 AND APPENDIX 1 CAREFULLY.

1. Privacy Policy

The Company respects the privacy of its Service users.  Please refer to the Company’s Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to this Privacy Policy.

2. Accounts

Account Creation. In order to use certain features of the Services, you may be required to register for an account with us (“Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with Section 14 of these Terms.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3. Products and Product Listings

Honeylove has made every reasonable effort to display on the Site as accurately as possible a description of the Products. However, some slight variations may occur from time to time between the colors and the appearance of the Products and the images on the screen. We cannot guarantee that your computer monitor's display of any color will be accurate. Also, sizes and material specifications may slightly vary each time. We are not responsible if information made available on this Site is not accurate, complete or current.

Certain Products or Services may be available exclusively online through the Site.  Returns and exchanges are governed by our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products, including pricing, are subject to change at any time without notice, at the sole discretion of Honeylove. We reserve the right to discontinue any product at any time. Any offer for any Product or Service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

4. Delivery

Honeylove aims to deliver your Products as soon as possible after you place your order.  International orders may take longer to arrive.  You are responsible for ensuring the address listed on your order is correct.  In no event shall we be liable for any damages or penalties arising from a delivery delay.  Risk of loss, damage, or destruction of the Products will pass to you at the time of shipment, and we will not be liable for loss, damage, or destruction of the Products after that time.

5. Payments

Payment Terms.

Pricing for our Products may vary at the sole discretion of Honeylove. Payment will be processed upon purchasing Products from our Site. All information you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay all applicable taxes relating to any such purchases, transactions or other monetary transaction interactions. You are responsible for all fees, including taxes, associated with your use of the Services.

Express Checkouts.

We may offer (in our sole discretion) express checkouts through services like PayPal, Amazon Pay, or Google Pay (“Express Checkouts”). Use of Express Checkouts signifies your consent to share the payment information and other account information you provided to such services with Honeylove in order to process your payment.

Chargebacks.

If you have a dispute concerning any payment transaction, please contact us at support@honeylove.com. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be closed and any files, data, or content contained in your Account may be deleted. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, Customer must pay Honeylove upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.

6. Rights and Licenses

License to Use Site.

We grant you a non-transferable, non-exclusive, right to access and use the Services for non-commercial purposes.

Certain Restrictions.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Services will be subject to this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies.

Modification.

We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services,.

No Support or Maintenance.

You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Services.

Ownership of the Services.

Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site, are owned by us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to the intellectual property rights. We reserve all rights not granted in this Agreement.

7. User Content

User Content.

“User Content” means any and all information and content that a user submits to or posts on: (a) the Site or (b) social networking sites where we have a page or presence. You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on the Site and our social networking sites. You are solely responsible for the User Content that you post, upload, link to or otherwise make available on the Site and our social networking sites.  We reserve the right to remove any User Content from the Site or our social networking sites at our discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content, you agree as follows:

• You are solely responsible for your Account and the activity that occurs while signed in to or while using your Account;
• You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to submit such content;
• You will abide by our Acceptable Use Policy below; and
• You affirm we have the right to determine whether any of your User Content is appropriate and complies with these Terms, remove any and/or all of your User Content and terminate your Account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of you posting User Content on the Site or our social networking sites is solely your responsibility.  We are not responsible for any public display or misuse of your User Content.  We do not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Services.

License.

You grant, and you represent and warrant that you have the right to grant, to us an irrevocable, non-exclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy.

Your permission to use the Services is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances:

• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• Use the Services for any unlawful purpose or for the promotion of illegal activities;
• Harass, abuse or harm another person or group or attempt to do any of the foregoing;
• Use another user’s Account without permission;
• Provide false or inaccurate information or impersonate another person when registering an Account;
• Interfere or attempt to interfere with the proper functioning of the Services;
• Make any automated use of the Site or Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• Use the Site or any of its contents to advertise or solicit, for any commercial purpose or to compete, directly or indirectly, with the Products or Services;
• Bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or
• Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Feedback.

If you provide us any feedback or suggestions regarding the Site, Services or Products (“Feedback”), you assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

8. SMS/MMS Mobile Message Marketing Program

You agree to our Messaging Terms and Messaging Privacy Policy.

9. Indemnification

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, Services or Products, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations while using the Site, Services or Products. We 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 with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. Errors, Inaccuracies, Omissions

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information regarding the Services or on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information regarding the Services or on the Site, including without limitation, pricing information, except as required by law.

11. Links to Other Sites and/or Materials

Third-Party Sites and Third-Party Applications, Software or Content.

As part of the Services, we may provide you with convenient links to third-party website(s) (“Third-Party Sites”) as well as tools, content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”), such as Express Checkouts. These links are provided as a courtesy to users. We have no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. If you decide to leave the Site and access the Third-Party Sites or use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site. You acknowledge and agree that we provide access to such Third-Party Sites and Third-Party Applications, Software or Content ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such Third-Party Sites or Third-Party Applications, Software or Content.

Links to Our Site.

You are permitted to link to our Site for non-commercial purposes, provided that you do so in a way that is fair and legal and does not damage our reputation. You may not link to our Site in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw permission for any link.

Release.

You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Services users, tools, Third-Party Sites, Third-Party Applications, Software or Content, and advertisements from third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12. Disclaimers

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) WILL BE TO YOUR SATISFACTION.

13. Limitation on Liability

TO THE FULL EXTENT PERMISSIBLE BY LAW, HONEYLOVE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL HONEYLOVE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNTS YOU’VE PAID HONEYLOVE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

14. Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

15. Copyright Policy

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act’s (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our Services that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner

(collectively, “Notification of Claimed Infrigement”).

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in the Notification of Claimed Infringement automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our designated Copyright Agent is:

Honeylove Sculptwear, Inc.

ATTN: Legal

360 East 2nd Street, 8th Floor

Los Angeles, CA 90012

legal@honeylove.com

If you receive a notification from Honeylove that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Honeylove with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, be provided to Company's Designated Copyright Agent through one of the methods identified above, and include substantially the following information:

• A physical or electronic signature of the subscriber;
• 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;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.

16. Complaints and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HONEYLOVE HAVE AGAINST EACH OTHER ARE RESOLVED.

Service of Process.

Honeylove requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process.  By accepting service of a legal document, Honeylove does not waive any objections we may have and may raise in response to such document.

Initial Complaint Process.

If you have a complaint with Honeylove, you agree to first contact Honeylove through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through Honeylove support, you agree to use the Formal Complaint Process (described below) before filing any arbitration claim or small claims action as described further in Appendix 1 below. You must complete the Formal Complaint Process before filing any arbitration or small claims action. If you do not complete it, then you agree that your claim or action must be dismissed from arbitration or small claims court.

Formal Complaint Process.

In the event that the dispute is not resolved through your contact with Honeylove support, you agree to submit a written document describing your complaint, how you would like us to resolve the complaint, and any other relevant information. The document may be sent by email to legal@honeylove.com or by mail to:

Honeylove Sculptware, Inc.

ATTN: Legal

360 E. 2nd Street, 8th Floor

Los Angeles, CA 90012

Please include as much information as possible in describing your complaint and how you would like us to resolve the complaint. We will acknowledge receipt of your complaint after you submit it. A Honeylove team member will review and evaluate your complaint based on the information you have provided and information in the possession of Honeylove. The Formal Complaint Process is completed when Honeylove responds to your complaint or forty-five (45) business days after the date we receive your complaint, whichever occurs first.

Arbitration, Class Action Waiver, Jury Trial Waiver and Forum Selection Clause. YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND FORUM SELECTION CLAUSE IN APPENDIX 1 TO THIS AGREEMENT.

17. General

Entire Agreement.

This Agreement, Appendix 1 and our Privacy Policy comprise the entire understanding and agreement between you and Honeylove as to the subject matter hereof, and supersede any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these documents) between you and Honeylove. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

Assignment.

We reserve the right to assign our rights without restriction, including without limitation to any Honeylove affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. In the event that Honeylove is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. You may not assign any rights and/or licenses granted under this Agreement. Any attempted transfer or assignment by you in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Severability.

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

Survival.

All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement, including but not limited to Sections 9, 11-13 and 16, shall survive the termination or expiration of this Agreement.

Non-Waiver of Rights.

This Agreement shall not be construed to waive rights that cannot be waived under applicable laws. In addition, our failure to insist upon or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

Governing Law.

You and we agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the Agreement and any Dispute, except to the extent governed by the Federal Arbitration Act or other applicable federal law.

Copyright/Trademark Information.

Copyright © 2020-2025 Honeylove Sculptwear, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third-party which may own the Marks.

APPENDIX 1: DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER AND FORUM SELECTION CLAUSE)

Disputes Defined.

“Disputes” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interactions with Honeylove, its agents, and its present and future subsidiaries, affiliates, and designees – including, but not limited to, your use of the Site, your use of the Services, your purchase of any Product, your communications with Honeylove, the Terms, and any other Honeylove policies or procedures – whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.  The provisions below describe which Disputes belong in arbitration, small claims court, or a court of general jurisdiction.

Pre-Filing Formal Complaint Requirement.

Before an arbitration demand or small claims action is filed, you and we agree to exhaust the Formal Complaint Process. See Section 16 above.

Arbitration Agreement.

You and we agree to arbitrate all Disputes in binding arbitration except for the following types of Disputes:

1. Disputes about whether the Dispute is arbitrable. You and we agree that any Disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including Disputes about the enforceability, revocability, scope, or validity of the Arbitration Agreement, shall be resolved in a court of competent jurisdiction, not arbitration. This includes, but is not limited to, any dispute about whether the Batch Arbitration provision applies to the Dispute.

2. Disputes that are within the jurisdiction of a small claims court. You and we agree that if a Dispute could be brought in a small claims court in the county or parish in which you reside, then it must be brought in that small claims court, not arbitration, provided that it remains in that court and is not removed or appealed to a court of general jurisdiction.

3. Disagreements about whether a Dispute is within the jurisdiction of a small claims court. You and we agree that any disagreement about whether a Dispute is within the jurisdiction of a small claims court will be resolved by the small claims court in the first instance. Disagreements about whether a Dispute is within the jurisdiction of a small claims court may otherwise be resolved in a court of competent jurisdiction, but only after you or we have exhausted resolution from the small claims court.

4. Disputes about or related to infringement or misuse of intellectual property (“IP”) rights (e.g., trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You and we agree that you or Honeylove must resolve IP Disputes outside of arbitration (e.g., in a court of competent jurisdiction). This means, for example, if you have a Dispute that contains an IP cause of action, which is not arbitrable under this Agreement, and other causes of action that are arbitrable, then the arbitrable causes of action must proceed in arbitration and the IP cause of action must proceed outside of arbitration. You and we agree that all IP Disputes shall not be stayed solely on the grounds that there exists a pending arbitration of arbitrable causes of action.

Arbitration Procedure.

You and we agree that arbitration under this Arbitration Agreement will, depending on the circumstance, be administered by the American Arbitration Association (“AAA”) subject to the AAA’s Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. If the AAA is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, or if the Dispute is part of a Batch Arbitration, you and we agree that JAMS will administer the arbitration subject to the JAMS Rules and Procedures then in effect, including any Mass Arbitration Procedures and Guidelines applicable to the Dispute, except as modified by this Arbitration Agreement. You and we agree that if JAMS is unable or unwilling to administer the arbitration consistent with the Arbitration Agreement, and the parties cannot agree on an alternative provider that will do so, then you or we may petition a court of competent jurisdiction to appoint an administrator that will do so. The AAA and JAMS rules are available at https://adr.org/Rules and https://www.jamsadr.com/adr-rules-procedures/. You and we agree that the Terms evidence a transaction involving interstate commerce and notwithstanding any other provision with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and federal arbitration law (not state arbitration law) will govern any proceedings regarding enforcement of this Arbitration Agreement. Any applicable limitations periods (including statutes of limitations) shall apply in arbitration like in court. You and we agree that an arbitral award shall have no preclusive effect in any other proceeding involving other Users. You and we (and your and our counsel, if represented) agree to work together in good faith to ensure that arbitration remains efficient and cost-effective for all parties. The arbitrator shall have the authority to award sanctions against parties and their counsel consistent with the standard set forth in Federal Rule of Civil Procedure 11.

Severability.

You and we agree to sever arbitrable Disputes (which shall be resolved in arbitration) from Disputes that are not arbitrable (which shall be resolved in court),  You and we also agree that if any provision of this Arbitration Agreement is found unenforceable, then that portion of the Arbitration Agreement shall be severed and the remainder of the Arbitration Agreement shall continue to control. Notwithstanding the foregoing, if the “Batch Arbitration” provision would otherwise apply to the Dispute, but a court of competent jurisdiction determines that the “Batch Arbitration” provision is unenforceable as to the Dispute or a portion of the Dispute (and all appeals have been exhausted or the ruling is otherwise final) or JAMS or a JAMS arbitrator refuses to apply all of the provisions of the Batch Arbitration provision as written, then the affected Dispute or portion of the Dispute cannot proceed in arbitration and may proceed in a court of competent jurisdiction unless the parties agree otherwise in writing.

Confidentiality.

You and we agree that any information exchanged between us in an arbitration may be used solely for that arbitration. You and we agree that we may not, for example, use information you or we obtained from the other party in one arbitration proceeding in another arbitration proceeding. You and we also agree to keep any information exchanged between us in any arbitration proceeding confidential between us, you, your and our attorneys, and the arbitrator. To the extent additional persons require access to information exchanged for purposes of the arbitration, you and we agree to negotiate in good faith for the entry of a protective order that will impose similar confidentiality obligations.

Arbitrator Appointment.

Any arbitrator appointed under the Arbitration Agreement will be selected by the parties from the AAA’s or JAMS’s roster of arbitrators. If the matter is proceeding before JAMS, then you and we agree that the arbitrator shall be appointed in accordance with JAMS’s strike and rank process set forth in Rule 15 of the Comprehensive Arbitration Rules & Procedures. If the matter is proceeding before AAA, you and we agree that the arbitrator will be appointed through a strike and rank process consistent with the approach taken by JAMS in Rule 15 of the Comprehensive Arbitration Rules & Procedures.

Attorneys’ Fees and Costs.

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Dispute was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Honeylove need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Formal Complaint Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Waiver of Class, Collective, Representative, Mass Actions, and Other Non-Individualized Relief.

YOU AND HONEYLOVE AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION PROVISION SET FORTH BELOW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, LITIGATED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION (SUCH AS A MASS ARBITRATION) BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED, LITIGATED, OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this provision entitled “Waiver of Class, Collective, Representative, Mass Actions, and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Honeylove agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in a court of competent jurisdiction.

Waiver of Jury Trial.

YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A JURY TRIAL. To the extent that any Dispute proceeds in court, and to the maximum extent permitted by applicable law, you and we agree to waive any right to a jury trial and have such matter resolved by a judge (also known as a bench trial).

Forum Selection Clause.

Unless you and Honeylove agree otherwise, to the maximum extent permitted by applicable law, the state and federal courts in Los Angeles, California (except for small claims courts, in which case you and we agree to resolve our Disputes in a small claims court of competent jurisdiction) will have exclusive jurisdiction over any Dispute that is not subject to arbitration. You and Honeylove consent to the exclusive jurisdiction of these courts and waive any objections as to: (1) personal jurisdiction, or (2) the laying of venue in such courts because of inconvenient forum or any other basis or right to seek to transfer or change venue of any such action to another court.  For Disputes that are subject to arbitration, arbitration shall take place in Los Angeles, California. 

Batch Arbitration.

You and we agree to abide by this Batch Arbitration provision in the event that: (a) there are twenty-five (25) or more individual arbitration demands of substantially similar nature filed by us against you and other customers or by you and others against us and (b) such arbitration demands are filed with the assistance of the same law firm, group of law firms, or organizations. You and we agree that arbitration demands will not be deemed “substantially similar” if they involve claims seeking relief in connection with alleged losses arising from different facts and circumstances. Arbitration demands that trigger the application of this Batch Arbitration provision can be administered only pursuant to the provisions of this Batch Arbitration Provision.

1. If this Batch Arbitration provision is triggered, then JAMS shall:

  a. administer the arbitration demands in batches;

  b. appoint a single, different arbitrator for each batch unless the parties agree otherwise; and

  c. provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one in-person or video hearing (if any) in a format to be determined by the arbitrator that shall be convenient for the parties.  

2. You and we agree that if the Dispute is subject to this Batch Arbitration process, you will personally appear at any hearing (with counsel, if you are represented).

3. The number of batches will depend on the number of arbitration demands that were filed. The batching methodology is set forth below:

  a. If there are more than 25 but fewer than 2,000 arbitrations, then there will be 20 batches.

  b. If there are 2,000 or more arbitrations, then they will be batched into batches of 100 arbitrations per batch.

  c. In deciding which arbitration demands will go in which batch, JAMS shall make the batches as equal as possible in terms of cumulative amount demanded and number of arbitration demands. 

3. You and Honeylove (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each Batch, as well as any steps to minimize the burdens and costs of arbitration. You and Honeylove (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve Disputes.

4. You and we agree that arbitrations administered pursuant to this Batch Arbitration provision may be administered concurrently to the extent administratively feasible.

5. Arbitrators appointed pursuant to this Batch Arbitration provision shall issue separate awards for each Honeylove user involved in a batched proceeding.

6. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Contact Information:

Honeylove

Email: support@honeylove.com

Last Updated June 16th, 2025