Legal

Terms of Service

Overview. This website is operated by IVY AND MILES LLC. Throughout the site, the terms “we”, “us” and “our” refer to IVY AND MILES LLC. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. Please read them carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and Services to you. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to this page; it is your responsibility to check periodically for changes.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, 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 and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 — General Conditions

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements; credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

Section 3 — Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.

Section 4 — Modifications to the Service and Prices

Prices for our products are subject to change without notice. Unless otherwise stated, all prices are listed in US dollars (USD) and include all applicable import duties, taxes, and customs fees. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice, and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 — Products or Services

Certain products or Services may be available exclusively online and may have limited quantities; they are subject to return or exchange only according to our Refund Policy. We have made every effort to display our products as accurately as possible but cannot guarantee that your monitor’s display of any color will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, and to limit the quantities of any products or Services we offer. All product descriptions and pricing are subject to change at any time without notice.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us, and may limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your account and other information so that we can complete your transactions and contact you as needed. For more details, please review our Refund Policy.

Section 7 — Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

Section 8 — Third-Party Links

Certain content, products and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content and do not warrant and will not have any liability for any third-party materials or websites. Please review carefully the third party’s policies and practices before you engage in any transaction.

Section 9 — User Comments, Feedback and Other Submissions

If you send us creative ideas, suggestions, proposals, plans, reviews, or other materials — whether in the form of text, photos, images, or video, and whether online, by email, by postal mail, or otherwise (collectively, “comments”) — you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, reproduce, display, and otherwise use them in any medium. We are under no obligation to maintain any comments in confidence, to pay compensation, or to respond. You agree that your comments, including any text, photos, images, or video, will not violate any right of any third party (including copyright, trademark, privacy, or publicity rights) and will not contain unlawful, abusive, defamatory, or obscene material. You are solely responsible for any comments you make and their accuracy.

Section 10 — Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 — Errors, Inaccuracies and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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 in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

Section 12 — Prohibited Uses

You are prohibited from using the site or its content: for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulations, rules or laws; to infringe upon our or others’ intellectual property rights; to harass, abuse, insult, harm, defame or discriminate; to submit false or misleading information; to upload or transmit viruses or malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Section 13 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. The Service and all products delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind. In no case shall IVY AND MILES LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the Service or any products procured using the Service, to the maximum extent permitted by law.

Section 14 — Indemnification

You agree to indemnify, defend and hold harmless IVY AND MILES LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Section 15 — Force Majeure

We are not liable for any failure or delay in performance — including delays in processing, shipping, or delivery — resulting from events beyond our reasonable control, including but not limited to acts of God, natural disasters, severe weather, epidemics or pandemics, war, civil unrest, governmental or regulatory actions, customs or border delays, carrier or logistics disruptions, labor disputes, or failures of telecommunications, payment, or internet networks.

Section 16 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity and enforceability of any remaining provisions.

Section 17 — Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. If in our sole judgment you fail to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Section 18 — Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements.

Section 19 — Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully — it affects your legal rights.

Informal resolution first. Most concerns can be resolved quickly. Before starting an arbitration, you agree to first contact us at support@ivyandmiles.com and give us 30 days to resolve the matter informally.

Binding arbitration. If we cannot resolve a dispute informally, you and IVY AND MILES LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as set out below. The arbitration will be conducted in the English language, and judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class proceeding.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. Nothing in this section limits any non-waivable rights you may have under the mandatory consumer-protection laws of your country, and where such laws prohibit pre-dispute arbitration or class-action waivers, those provisions do not apply to you to that extent.

Section 20 — Governing Law

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law provisions. Subject to the arbitration provisions above, you agree that the exclusive venue for any dispute shall be the state or federal courts located in Santa Clara County, California.

Section 21 — Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

Section 22 — Contact Information

Questions about the Terms of Service should be sent to us at support@ivyandmiles.com. Our registered business information is below: