and any of their subdomains (collectively, the "Sites").
1. Eligibility and Registration
3. Terms of Sale
4. Use and Restrictions.
Lorna Jane may terminate your permission to use the Sites if you have made any unauthorized use of the Sites. You acknowledge and agree that your unauthorized use of the Sites may also violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Lorna Jane or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Lorna Jane. You may not remove or otherwise modify any trademark notices from any Content. The Marks, including LORNA JANE, ACTIVE LIVING and MOVE NOURISH BELIEVE are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws in the United States and various other jurisdictions around the world.
8. Your Account
9. Electronic Communications
You consent to receive electronic communications from Lorna Jane either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites.
You agree not to upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party. You bear the burden of determining whether any material is protected by any such right. You will be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to Lorna Jane set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of a breach of these warranties in relation to any Submissions posted by you to or through the Sites.
Lorna Jane reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites and/or (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Lorna Jane determines is inappropriate or disruptive to the Sites or to any other user of the Sites. Lorna Jane may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Lorna Jane's discretion, Lorna Jane will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Lorna Jane takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Lorna Jane is not required to monitor, police or remove any Submissions or other information submitted by you or any other user. If you are concerned about any particular content on our Sites, please CONTACT US.
11. Modifications and Termination
Lorna Jane may, in its sole discretion and without notice or any further obligation to you, temporarily suspend or permanently discontinue any and all current and future, access to or use of the Sites. Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you.
12. Your Consumer Rights
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This website is provided by Lorna Jane. If you have a question or complaint regarding this website, please contact Customer Service at CUSTOMERSERVICE@LORNAJANE.COM. You may also contact us by writing to 1674 20th Street Santa Monica, CA 90404 United States or via phone 1 800 469 3897. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
14. Links to Third Party Websites
The Sites may contain links to websites and other resources operated by third parties other than Lorna Jane. Such links are provided solely as a convenience to you. Lorna Jane does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Unless otherwise specified, the inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third-party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
15. Warranties and Disclaimer
THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. LORNA JANE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, LORNA JANE RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
ALL PURCHASES MADE ON THE SITES ARE ACCEPTED SUBJECT TO AVAILABILITY. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS PLACED, LORNA JANE MAY DECLINE TO ACCEPT YOUR ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, LORNA JANE WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.
IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BE ADVISED THAT SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, AND THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN ANY JURISDICTION WHERE ANY APPLICABLE WARRANTIES, DISCLAIMERS AND CONDITIONS CANNOT BE LEGALLY EXCLUDED, NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY YOUR CONSUMER RIGHTS.
16. Limitation of Liability
SUBJECT TO THE REMAINDER OF THIS CLAUSE, LORNA JANE AND ITS PARENT, AFFILIATES, SUBSIDIARIES , OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY LORNA JANE’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IF A JURISDICTION ALLOWS LIABILITY TO BE LIMITED BUT NOT EXCLUDED, LORNA JANE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.
IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, BE ADVISED THAT SOME STATES DO NOT PERMIT LIMITATIONS OF LIABILITY, AND THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. Governing Law
18. Dispute Resolution
ANY DISPUTE, CONTROVERSY OR CLAIM (INCLUDING THOSE BASED ON A FEDERAL OR STATE STATUTE, AND THOSE RELATING TO WHETHER THE DISPUTE, CONTROVERSY OR CLAIM IS ARBITRABLE) ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCOUNT, YOUR USE OF THE SITES, AND YOUR SUBMISSIONS, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY LORNA JANE OR THROUGH THE SITES ("DISPUTE"), WILL BE REFERRED TO AND FINALLY DETERMINED BY BINDING ARBITRATION.
There is no judge or jury in arbitration. The arbitrator is empowered to resolve any Dispute between you and Lorna Jane with the same remedies available in court; however, any relief must be individualized to you and shall not affect any other customer.
Furthermore, YOU AGREE TO WAIVE THE RIGHT TO A JURY TRIAL, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT (EITHER AS A NAMED PLAINTIFF OR CLASS MEMBER) OR A JOINT OR CONSOLIDATED OR REPRESENTATIVE LAWSUIT OF ANY KIND in any Dispute with Lorna Jane, its subsidiaries and/or affiliates.
The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as modified by this arbitration agreement. The AAA Consumer Arbitration Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. The Tribunal will consist of a sole arbitrator. The place or seat of arbitration will be in New York City. The language to be used in the arbitral proceedings will be English. The parties shall share the cost of arbitration equally and bear their own legal fees and costs. The arbitration proceedings and the decision of the arbitrator will be confidential. No punitive or exemplary damages shall be awarded by the arbitrator.
The arbitration award will be final and conclusive on the parties and not subject to de novo review or appeal. The arbitrator's award may be entered and enforced in any court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, related to such enforcement.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU HEREBY WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION ARBITRATION (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER), AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED OR REPRESENTATIVE ARBITRATION OF ANY KIND. AN ABRITRAL TRIBUNAL MAY NOT CONSOLIDATE AN ARBITRATION COMMENCED UNDER THIS OR ANY OTHER AGREEMENT WITH YOUR CLAIM.
This arbitration agreement and any arbitration shall be governed by the United States Federal Arbitration Act to the exclusion of state law inconsistent therewith.
20. Gift Cards
By purchasing a gift card ("Gift Card") offered by Lorna Jane, you are certifying and representing to Lorna Jane that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card or included with the Gift Card (collectively the "Gift Card Terms and Conditions"), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to any person..
For full Gift Card terms and conditions, please read the Lorna Jane Gift Card Terms and Conditions applicable in your jurisdiction.
Lorna Jane Gift Cards can be redeemed in the following
Country where Lorna Jane Gift Card was purchased
Where the Lorna Jane Gift Card can be redeemed
Retail Stores in Australia and online at www.lornajane.com.au
Retail stores in China
Europe Online at www.lornajane.de
Retail stores in Hong Kong
For cards purchased in Stores - retail Stores in Singapore only
For Gift Cards purchased online – online only at www.lornajane.sg
Retail stores in USA and online at www.lornajane.com
The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by Lorna Jane.
For balance inquiries, please CONTACT US or visit www.lornajane.com
All returns for purchases made with a Lorna Jane Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1,000. Gift Cards never expire or accrue fees. For Singapore customers, Lorna Jane does not require the approval of the Monetary Authority of Singapore. You are advised to read the full Gift Card Terms and Conditions carefully prior to purchase.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards should be treated as cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund a Gift Card after purchase.
Lorna Jane will have the right to close a Gift Card account and request alternative forms of payment if Lorna Jane reasonably believes such Gift Card has been fraudulently obtained.
Not for promotional use
Where permitted by law, Lorna Jane Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) without Lorna Jane’s prior written consent.
No affiliation with Lorna Jane
Use of Lorna Jane's name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Lorna Jane Gift Cards is strictly prohibited. The use of Lorna Jane Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Lorna Jane, or any of its subsidiaries or affiliates, is prohibited.
When you purchase, receive or redeem a Lorna Jane Gift Card, you agree that the laws of the jurisdiction in which you purchased, or redeemed that Lorna Jane Gift Card will apply. Lorna Jane reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.
21. Contact Us
You can contact us by emailing us at: CUSTOMERSERVICE@LORNA JANE.COM or by writing to us at:
Lorna Jane Customer Service
1674 20th Street
Santa Monica, CA