Effective Date: May 15, 2025
PLEASE READ THIS LIFETIME CREATIONS, INC. USER AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND LIFETIME CREATIONS, INC. (“LIFETIME CREATIONS”).
SECTION 18 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN YOU AND LIFETIME CREATIONS TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 18 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
1. Definitions.
1.1. “Account” means the user profile created through the registration process in order to access and use certain features of the Services, such as placing orders or submitting Content.
1.2. “Content” means Lifetime Creations Content, Your Content and any other materials made available via the Services by other users of the Services.
1.3. “Feedback” means any ideas, suggestions, comments, proposals, documents, materials, or other information that you submit to Lifetime Creations related to the Services or Lifetime Creations’ business, including, without limitation, improvements to products, services, features, processes, or marketing strategies.
1.4. “Lifetime Creations Content” means all text, graphics, logos, images, audio clips, digital downloads, software and any other materials provided by Lifetime Creations through the Services.
1.5. “Lifetime Creations Parties” means Lifetime Creations, Inc. and its affiliates, and their officers, directors, employees, agents, representatives, partners, licensors and contractors.
1.6. “Personalization Content” means any of Your Content that you provide to Lifetime Creations for use in connection with the personalization of any Product, including but not limited to words, phrases, designs, and other images.
1.7. “Product” means any product you order from Lifetime Creations using the Services.
1.8. “Services” means any online website or mobile application provided by Lifetime Creations, as well as any content, information, services, features, resources, or functionality available or enabled by Lifetime Creations, including the ability to browse, register an account, interact with Lifetime Creations, or purchase goods.
1.9. “Shipping & Returns Policy” means that document found at Shipping and Return Policy as amended from time to time, in effect as of the date you place an order for Products.
1.10. “Supplemental Terms” means any additional terms, conditions, and policies separately posted through the Services, including specific promotional rules, service-specific terms, or return and refund policies.
1.11. “Your Content” includes all text, graphics, logos, images, audio clips, digital downloads, and any other materials you provide via the Services, and includes Personalization Content.
2. Acceptance of Agreement
2.1. Manner of Acceptance. By accessing, browsing, or using the Services, registering an account, purchasing goods, or clicking a button or taking any other action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to it as published through the Services; (2) represent that you are of legal age in your jurisdiction of residence to form a binding contract; (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services, and (4) represent that you are not barred from using the Services under any applicable law. Except as otherwise provided in this Agreement, if you do not agree to be bound by this Agreement, you may not access or use the Services or purchase any goods.
2.2. Supplemental Terms. Your use of the Services is also subject to applicable Supplemental Terms which are hereby incorporated by reference into this Agreement.
2.3. Modifications to This Agreement. Lifetime Creations reserves the right to modify this Agreement or any Supplemental Terms at any time in its sole discretion. Modifications will become effective upon posting through the Services or as Lifetime Creations may otherwise specify. You should review this Agreement periodically, and your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to the updated terms, you must cease use of the Services
3. Accounts.
3.1. Account Creation. To access certain features of the Services, such as placing orders or submitting content, you may be required to register for an Account. When doing so, you agree to provide accurate, current, and complete information as prompted during the registration process, and to promptly update such information thereafter if it changes.
3.2. Account Responsibilities. You are solely responsible for all activities that occur under your Account, whether or not authorized by you. You agree to: (i) maintain the confidentiality of your login credentials; (ii) restrict access to your device and Account to prevent unauthorized access (including by minors); (iii) immediately notify Lifetime Creations of any unauthorized use, breach of security, or suspected fraud involving your Account, and (iv) log out of your Account after each use.
3.3. Account Restrictions. You may not register for an Account using a false identity or information or on behalf of someone other than yourself (unless you are legally authorized to do so). You may not have more than one Account at any given time. Lifetime Creations reserves the right to suspend or terminate your Account or your access to the Services if any information provided is false, misleading, or incomplete, or if you are otherwise in breach of this Agreement.
3.4. No Ownership Rights. You acknowledge and agree that you have no ownership or other proprietary interest in your Account and that all rights in and to your Account are and shall remain owned by Lifetime Creations. Your access to and use of the Account is licensed to you and is revocable at any time in accordance with this Agreement. Lifetime Creations may, in its sole discretion, reclaim any usernames at any time and for any reason.
4. Orders.
4.1. Order Acceptance. Each part of any order that you submit to Lifetime Creations constitutes an offer to purchase. If you do not receive a message from Lifetime Creations confirming receipt of your order, please contact Lifetime Creations’ customer service department before re-entering your order. Lifetime Creations’ confirmation of receipt of your order does not constitute acceptance of your offer to purchase and Lifetime Creations is only deemed to have accepted your offer to purchase once the Products you ordered have been shipped.
4.2. Order Issues. Lifetime Creations reserves the right to deny any order for any reason, including but not limited to: (i) discovery of an error in pricing or other product information, or receipt of insufficient or incorrect billing, payment, or shipping details; (ii) suspicion that the order was placed using stolen payment card information or if the order appears to be otherwise connected to fraudulent activity; or (iii) association of the order with a previous payment dispute.
4.3. Order Modifications and Cancellations. Orders for personalized or made-to-order products may not be modified or cancelled once production has begun. For all other orders, modification or cancellation requests must be made promptly and may be approved or denied in Lifetime Creations’ sole discretion.
4.4. Restrictions on Resale. To protect the intellectual property rights of Lifetime Creations and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. Lifetime Creations reserves the right to decline any order that it deems, in its sole discretion, to possess characteristics of reselling.
5. Fees and Purchase Terms.
5.1. Payment. You agree to pay all fees, charges, and applicable taxes associated with your purchase in accordance with the payment terms presented at the time of purchase. You must provide valid payment information at the time you submit an order. By providing Lifetime Creations with your payment information, you agree that (i) Lifetime Creations is authorized to immediately invoice your Account for all fees and charges due and payable to Lifetime Creations for the order, (ii) Lifetime Creations is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify Lifetime Creations of any change in your payment information. Lifetime Creations reserves the right at any time to change its prices and billing methods. Lifetime Creations reserves the right, in its sole discretion, to refuse or cancel orders that appear fraudulent or erroneous.
5.2. Product Guarantee; Returns and Exchanges. Lifetime Creations guarantees that personalized Products will be free from material defects in quality and workmanship upon delivery. If a Product is received in defective condition or is damaged during transit, you must notify Lifetime Creations at support@lifetimecreations.net within thirty (30) days of receipt and provide photographic evidence of the issue. If notice is not received within this timeframe, a replacement or refund will not be available. Returned items must be in new condition and in their original packaging. Personalized Products that are not defective are not eligible for return or exchange. Lifetime Creations is not responsible for personalization errors resulting from incorrect information submitted at the time of order. Products damaged due to normal wear and tear are also not eligible for return, exchange, or refund. The terms and conditions of the Shipping & Returns Policy are incorporated herein by reference.
5.3. Refunds. Except as provided in the Shipping & Returns Policy, all fees are non-refundable.
6. Discounts, Promotional Codes, and Promotional Offers
6.1. Lifetime Creations may, in its sole discretion, create discounts, promotional offers, and promotional codes that may be redeemed for credit in your Account, discounts on purchases, or other features or benefits. Such offers may be subject to additional or supplemental terms established by Lifetime Creations on a per-offer or per-code basis. All promotional offers and promotional codes are available for a limited time only, subject to product availability, and may be modified, suspended, or revoked at any time without prior notice and without liability to Lifetime Creations.
6.2. Promotional codes may only be used once per person and only in accordance with their stated terms. Only promotional codes distributed directly through official Lifetime Creations communication channels are valid. You agree that promotional codes: (1) must be used only by the intended recipient, for the intended purpose, and in a lawful manner; (2) may not be duplicated, transferred, sold, or made publicly available (including on any public forum), unless expressly permitted by Lifetime Creations; (3) may be disabled by Lifetime Creations at any time for any reason; (4) may only be used in compliance with applicable Supplemental Terms; (5) are not redeemable for cash; and (6) may expire prior to use.
6.3. From time to time, Lifetime Creations may also offer special promotions, such as complimentary premium items with purchase. These premium offers are available only while supplies last or for the duration indicated and may be discontinued or changed at any time at the sole discretion of Lifetime Creations. Lifetime Creations is not responsible for delays, technical issues, or other circumstances that may prevent redemption of any promotional offer or promotional code.
7. Content.
7.1. Responsible Party for Content. You acknowledge that all Content is the sole responsibility of the party from which such Content originated. Lifetime Creations has no obligation to pre-screen any Content. Your use of all Content and interaction with other users of the Services is at your own risk. Without limiting the foregoing, Lifetime Creations reserves the right, but does not assume the obligation, in its sole discretion, to pre-screen, refuse, monitor, or remove any Content. Lifetime Creations shall have the right to remove any Content that violates this Agreement or is otherwise harmful, objectionable, misleading, or inaccurate.
7.2. Ownership of Your Content. Lifetime Creations does not claim ownership of any of Your Content. You retain all ownership rights in Your Content. However, when you as a user post, upload, or otherwise make available Your Content through the Services, you represent and warrant that you have all rights and permissions necessary to grant Lifetime Creations the license set forth in the following subsection. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Services.
7.3. License to Your Content. Subject to any applicable Account settings that you select, you grant Lifetime Creations, and anyone authorized by Lifetime Creations, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, adapt, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose, including marketing and advertising. This grant includes the right to exploit any proprietary rights in Your Content, including under copyright, trademark, trade secret, patent, or other intellectual property laws. You also grant Lifetime Creations and its authorized users the right to identify you as the author of Your Content by name, screen name, email address, or location, as deemed appropriate. You acknowledge and agree that you will not receive any compensation of any kind for the use of Your Content. Other users of the Services may search for, view, use, modify, and reproduce any of Your Content submitted to public areas of the Services.
7.4. Personalization Content. You hereby grant to Lifetime Creations the same rights to Personalization Content as set forth in the preceding subsection. You represent and warrant that you own or control all rights in and to your Personalization Content and have the authority to grant these rights to Lifetime Creations for purposes of personalizing one or more Products on your behalf. You agree to defend, indemnify, and hold harmless Lifetime Creations and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to any third-party claim concerning your Personalization Content, including but not limited to claims of intellectual property infringement or violation of any third-party rights.
7.5. Ratings and reviews posted by users of the Services are Content that is not endorsed by Lifetime Creations and does not necessarily represent its views. Lifetime Creations does not assume any liability for ratings and reviews or for any claims of economic loss resulting from them. You agree: (i) to base any rating or review only on your own firsthand experience with the applicable business, product, or service; (ii) not to post a rating or review for any business, product, or service in which you have a competitive, ownership, financial, or other interest, including employment or affiliation; and (iii) that your reviews will comply with the terms of this Agreement. Lifetime Creations may, in its sole discretion, remove or exclude any review that could compromise the integrity of the ratings and reviews that appear within the Services.
8. Feedback. You agree that your submission of any Feedback to Lifetime Creations is at your own risk and that Lifetime Creations has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby assign to Lifetime Creations all rights, title, and interest in and to the Feedback, including all intellectual property rights therein. To the extent such rights may not be assigned, you grant Lifetime Creations an exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, display, distribute, modify, and otherwise exploit the Feedback without restriction and without any additional approval or compensation.
9. Ownership of and Grant of Limited Right to Use the Services.
9.1. Use of the Services. Except with respect to Content provided by users of the Services, Lifetime Creations and its suppliers own all rights, title, and interest in and to the Services and the materials provided therein. The Services and their contents are protected by copyright and other intellectual property laws. Subject to this Agreement, Lifetime Creations grants you a limited, non-exclusive license to access and use the Services solely for your personal, non-commercial use. Any future updates, modifications, or enhancements to the Services are also governed by this Agreement. Lifetime Creations and its suppliers reserve all rights not expressly granted in this Agreement.
9.2. Trademarks. The Lifetime Creations name, logos, and related graphics, marks, and trade names used on or in connection with the Services are trademarks of Lifetime Creations and may not be used without its prior written permission. Other trademarks or service marks appearing in the Services belong to their respective owners. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary notices embedded in or accompanying the Services.
10. Acceptable Use and Restrictions on Use of the Services.
10.1. You agree not to use the Services for any purpose prohibited by this Agreement or applicable law. In addition to any other limitations set forth herein, your use of the Services is subject to the following restrictions set forth in this section.
10.2. Prohibited Conduct and Content. You shall not (and shall not permit any third party to) (i) take any action or make available any Content on or through the Services that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or personal right of any person or entity; (ii) use the Services for any unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, tortious, obscene, offensive, inappropriate, or profane purpose or Content; (iii) engage in unauthorized or unsolicited advertising, junk or bulk email, or any form of spam; (iv) conduct commercial activities or sales without Lifetime Creations’ prior written consent, including but not limited to reselling, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonate any person or entity, including any employee or representative of Lifetime Creations.
10.3. Technical and Operational Restrictions. You shall not: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any part thereof; (ii) frame or use framing techniques to enclose any trademark, logo, or other proprietary content or layout from the Services; (iii) use any metatags or other “hidden text” utilizing Lifetime Creations’ name or trademarks without express written permission; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services, except where such activity is expressly permitted by applicable law; (v) use any manual or automated tools, including but not limited to spiders, robots, scrapers, crawlers, avatars, or data mining tools, to extract or scrape data from the Services, except that operators of public search engines are granted revocable permission to use spiders solely for creating publicly available searchable indices (not caches or archives); (vi) access the Services for the purpose of building a similar or competitive product, service, or website; (vii) copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means, except as expressly allowed in this Agreement; (viii) remove or alter any copyright notices or proprietary markings from the Services; (ix) interfere with or attempt to interfere with the proper functioning of the Services, or use the Services in any unauthorized manner not expressly permitted by this Agreement; (x) attempt to harm, disrupt, or compromise the Services or their security features, including but not limited to introducing viruses, worms, or malicious code, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
10.4. Termination of License. Any unauthorized use of the Services terminates the licenses granted to you by Lifetime Creations under this Agreement.
11. Third-Party Services and Links
11.1. Some features and tools accessible through the Services are provided by third-party companies and are subject to the applicable terms and conditions provide by those third-parties. These terms are separate from and may differ from this Agreement. By using any such third-party features or tools, you acknowledge and agree that your relationship with the third-party service provider is governed solely by the applicable terms and conditions.
11.2. The Services may contain links to third-party services, including websites, applications, or advertisements. Clicking on such a link may direct users away from the Services without any notification. Lifetime Creations does not control and is not responsible for any third-party services accessible through these links. These links are provided solely as a convenience and are not reviewed, approved, monitored, endorsed, warranted, or represented in any way by Lifetime Creations. Use of any third-party service accessed through such links is at the user’s own risk.
12. Indemnification.
12.1. You agree to indemnify, defend, and hold harmless Lifetime Creations and its affiliates, and their officers, directors, employees, agents, contractors, and licensors (collectively, the “Lifetime Creations Parties”) from and against any claims, damages, losses, liabilities, expenses and costs (including reasonable attorneys’ fees) relating to or arising out of any third-party claims concerning: (a) Your Content; (b) your misuse of the Services; (c) your breach of this Agreement; (d) your violation of any rights of another, including any other users of the Services; or (e) your violation of any applicable laws, rules or regulations.
12.2. Lifetime Creations reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree that you will fully cooperate with Lifetime Creations in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.
13. DISCLAIMER OF WARRANTIES AND CONDITIONS.
13.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND THE PURCHASE AND RECEIPT OF ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
13.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIFETIME CREATIONS PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LIFETIME CREATIONS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS, OR (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
13.3. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING ANY DAMAGES RESULTING FROM VIRUSES OR OTHER HARMFUL COMPUTER CODE.
13.4. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. LIMITATION OF LIABILITY.
14.1. EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LIFETIME CREATIONS PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT LIFETIME CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE LIFETIME CREATIONS PARTIES ARE LIABLE TO YOU EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO LIFETIME CREATIONS BY YOU DURING THE TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
14.3. BASIS OF THE BARGAIN. THE PARTIES AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE PARTIES’ AGREEMENT AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. THESE PROVISIONS SHALL REMAIN ENFORCEABLE UNDER ALL CIRCUMSTANCES, INCLUDING IF THE REMEDIES PROVIDED IN THIS AGREEMENT ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
14.4. APPLICABILITY. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
15. Procedure for Making Claims of Copyright Infringement. If you believe Content made available by the Services infringes your copyright rights, please provide Lifetime Creations’ Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence regarding claims of copyright infringement should be addressed to: Lifetime Creations, 8203 Taney Place Suite A, Merrillville, IN 46410, Attention: Copyright Enforcement, or sent via email to support@lifetimecreations.net.
16. Termination. At its sole discretion, Lifetime Creations may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Lifetime Creations reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Lifetime Creations for Products purchased will remain due.
17. International Users. The Services are controlled and offered by Lifetime Creations from its facilities in the United States of America. Lifetime Creations makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
18. Dispute Resolution. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate most disputes with Lifetime Creations and limits the manner in which you can seek relief from Lifetime Creations.
18.1. Applicability of Arbitration Agreement. You agree that any dispute between you and Lifetime Creations relating in any way to the Services, Lifetime Creations’ advertising or marketing practices, any Products sold or distributed through the Services, or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Lifetime Creations may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement. IF YOU AGREE TO ARBITRATION WITH LIFETIME CREATIONS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST LIFETIME CREATIONS ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING COVERED CLAIMS AGAINST LIFETIME CREATIONS ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS ARBITRATION AGREEMENT.
18.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Lifetime Creations, 8203 Taney Place Suite A, Merrillville, IN 46410, Attn: Legal. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ and all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and you cannot obtain a waiver from JAMS, Lifetime Creations will pay them for you. In addition, Lifetime Creations will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone and/or based on written submissions. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All in-person arbitration must be conducted in Chicago, Illinois.
18.3. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Lifetime Creations. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lifetime Creations.
18.4. Waiver of Jury Trial. YOU AND LIFETIME CREATIONS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Lifetime Creations are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator may award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, in the event that this section is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Lifetime Creations shall be entitled to arbitration of such claim or dispute and instead the applicable claim or dispute shall be resolved in a court as set forth elsewhere in this Agreement.
18.6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 8203 Taney Place Suite A, Merrillville, IN 46410, Attention: Arbitration Opt Out or email support@lifetimecreations.net, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Lifetime Creations username (if any), the email address you used to set up your Lifetime Creations account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement shall continue in full force and effect. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with Lifetime Creations, or may enter into in the future with Lifetime Creations.
18.7. Severability. Without limiting the applicability of any other provision in this Agreement, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
18.8. Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement and the termination or expiration of your relationship with Lifetime Creations.
18.9. Modification. Notwithstanding any provision in this Agreement to the contrary, you agree that if Lifetime Creations makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to Lifetime Creations.
19. General Provisions.
19.1. Electronic Communications. The communications between you and Lifetime Creations use electronic means, whether you visit the Services or send Lifetime Creations e-mails, or whether Lifetime Creations posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Lifetime Creations in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Lifetime Creations provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
19.2. Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Lifetime Creations’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
19.3. Force Majeure. Lifetime Creations shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact Lifetime Creations’ customer service department using the contact information available on the Services.
19.5. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Lifetime Creations agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Lake County, Indiana.
19.6. Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF INDIANA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
19.7. Notice. Where Lifetime Creations requires that you provide an e-mail address, you are responsible for providing Lifetime Creations with your most current e-mail address. In the event that the last e-mail address you provided to Lifetime Creations is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Lifetime Creations’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Lifetime Creations at the following address: 8203 Taney Place Suite A, Merrillville, IN 46410. Such notice shall be deemed given when received by Lifetime Creations by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
19.8. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
19.9. Severability. Without limiting the severability portions of the Arbitration Agreement set forth above, if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
19.10. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.