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Terms and Conditions

Please review these Terms of Use carefully.

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IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND BLC ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

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1. Introduction

Welcome to the website and application provided by A BossLady Company LLC (BLC). These Terms of Use govern your access to and use of the BLC Site among other things. By using the BLC Site, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the BLC Site is unauthorized. Additional terms and conditions apply to some services offered on the BLC Site (e.g., Gift Cards) or through other channels. Those terms and conditions can be found where the relevant service is offered on the BLC Site or otherwise and are incorporated into these Terms of Use by reference.

DEFINED TERMS:

In these Terms of Use:

  • When we say “BLC,” we mean ABLC.shop USA, and A BossLady Company LLC and any subsidiaries of A BossLady Company LLC (including any subsidiaries that A BossLady Company LLC may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to BLC as “we,” “us” and “our.” But when we say “BLC Entities,” we mean BLC; its suppliers, vendors, contractors, and licensors.

  • When we say “BLC Sites,” we mean www.ABLC.shop, the BLC Apps, and all related functionality, (including but not limited to Chatbots and other Generative AI Features, defined in Section 14.B), services, and Content offered by or for BLC on or through www.ABLC.shop and the BLC Apps or the systems, servers, and networks used to make the BLC Sites available.

  • When we say “BLC Apps,” we mean the official “BLC App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.

  • When we say “you” or “your” we mean any user (like you!) of any BLC Site and any person who has notice of these Terms of Use.

  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by BLC on the BLC Sites (and any updates by BLC to these Terms of Use and those terms and policies).

  • A few other key terms used in these Terms of Use:

    • When we say “Chatbot,” we mean an application feature or interface by which you are able to engage in voice or text communications that are intended to mimic human interactions and conversations, including through the use of Generative AI and third-party large language models.

    • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, written and other materials and Inputs (as defined in Section 3.B).

    • When we say “Generative AI,” we mean artificial intelligence, including large language models made by us or third parties, capable of generating new text, images, or other media.

    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the BLC Sites.

    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the BLC Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the BLC Sites through the tools offered by such social media platforms).

    • When we say “Materials,” we mean Content that BLC Entities make available on or through the BLC Sites.

 

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on BLC’s liability explained in Sections 15 and 16, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the BLC Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it is your responsibility to regularly check www.ABLC.shop for any updated Terms of Use. In addition, by continuing to use or access any of the BLC Sites or otherwise engaging with BLC after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

 

2. Your Use of the BLC Sites

You certify that the Content you provide on or through the BLC Sites is accurate and that the information you provide on or through the BLC Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. BLC is not responsible for any losses arising out of the unauthorized use of your account. You agree that BLC does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the BLC Sites. You agree that BLC is not a party to any such agreement, nor is BLC responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the BLC Sites or any portion of the BLC Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the BLC Sites or any portion of the BLC Sites.

  • In connection with the BLC Sites, you will not:

    • Make available any Content through or in connection with the BLC Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.

    • Make available through or in connection with the BLC Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

    • Use the BLC Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.

    • Harvest or collect information about users of the BLC Sites.

    • Interfere with or disrupt the operation of the BLC Sites or the systems, servers, or networks used to make the BLC Sites available, including by hacking or defacing any portion of the BLC Sites; or violate any requirement, procedure or policy of such servers or networks.

    • Restrict or inhibit any other person from using the BLC Sites.

    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the BLC Sites except as expressly authorized in these Terms of Use, without BLC’s express prior written consent.

    • Reverse engineer, decompile, or disassemble any portion of the BLC Sites, except where such restriction is expressly prohibited by applicable law.

    • Remove any copyright, trademark, or other proprietary rights notice from the BLC Sites.

    • Frame or mirror any portion of the BLC Sites, or otherwise incorporate any portion of the BLC Sites into any product or service, unless you obtain BLC’s express prior written consent to do so.

    • Systematically download and store any Materials.

    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the BLC Sites, without BLC’s express prior written consent.

    • Cause injury to any person or entity.

    • Violate any law, rule, or regulation, or these Terms of Use.

  • You will not use the BLC Sites or BLC’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a BLC trademark, logo, URL, or product name without BLC’s written consent;

  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

 

3. Content and Ideas

A. Submitting Content and Ideas

BLC provides functionality that enables users to make available Content and Ideas in connection with their use of the BLC Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any BLC Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. BLC’s Rights to Use Content and Ideas

You grant to BLC a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that BLC is free to use any Ideas for any purpose. BLC may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. BLC is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to BLC the right to use any name associated with any Content or Idea that you make available to BLC, although BLC has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the BLC Sites that:

  • is false, fraudulent, inaccurate, or misleading;

  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;

  • violates any local, state, federal, or international laws or is otherwise tortious;

  • is protected by or would infringe on the rights of others (including BLC), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

  • is obscene, indecent, pornographic, or otherwise objectionable;

  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BLC in its sole discretion;

  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from BLC;

  • contains or relates to chain letters or pyramid schemes;

  • impersonates another business, person, or entity, including BLC, its related entities, employees, and agents;

  • violates any policy posted on the BLC Sites; or

  • is intended to cause harm, damage, disable, or otherwise interfere with the BLC Sites or our partners.

 

4. Monitoring by BLC

BLC will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the BLC Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by BLC from time to time. BLC will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the BLC Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify BLC for all claims resulting from any Content you make available.

 

5. Materials Available on the BLC Sites

BLC may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The BLC Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the BLC Sites, we would appreciate it if you let us know by contacting us at support@ablc.shop (Your feedback is a big part of what helps BLC to get better at helping you!)

THE BLC ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

 

6. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products are made available by us. Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on BLC Sites, including the product description, country of origin, and other information. Always read labels, warnings, directions, and other information provided with the product before using the product. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with BLC’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

 

7. Third Party Sites

References on BLC Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. BLC is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the BLC Sites operate or otherwise interact, nor is BLC responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

 

8. Placing an Order

A. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your ABLC.shop account, including on BLC affiliated sites and properties which you access via your ABLC.shop account credentials. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. BLC may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes and fees. Orders are charged at the time they are placed. Accepted forms of payment are as follows:

  • Major credit cards (Visa, Mastercard, American Express)

  • PayPal and Pay Later

  • Cash App After Pay

  • Affirm

  • Apple Pay

  • Google Pay

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BLC reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. BLC also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from BLC for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, BLC may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the BLC returns policy.

 

B. Pricing Information; Availability

BLC cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the BLC Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. BLC reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from BLC. BLC may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

C. Promotional Codes

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

 

D. e-Gift Cards

The risk of loss and title to any e-Gift Cards passes to the purchaser upon our electronic transmission to the recipient. Your purchase and use of e-Gift Cards is subject to the following terms and conditions. BLC e-Gift Cards:

  • are only available in electronic form (e-Gift Cards).

  • have no expiration date.

  • cannot be exchanged for cash.

  • are not refundable.

 

 

9. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the BLC Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

Delivery of some Products purchased from the BLC Sites have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.

 

10. Intellectual Property

The BLC Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights therein (collectively, the “IP”) are owned or controlled by or licensed to BLC, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by BLC to use the BLC Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by BLC to use the BLC Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the BLC Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the BLC Apps and remove (that is, uninstall and delete) the BLC Apps from your mobile device.

No license, right, title, or interest in the BLC Sites or any Materials is transferred to you as a result of your use of the BLC Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the BLC Sites. The BLC Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the BLC Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the BLC Sites and Materials is the exclusive property of BLC and is also protected by U.S. and international copyright laws.

BLC and the ABLC.shop names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the BLC Sites are trademarks or trade dress of BLC in the U.S. All other marks are the property of their respective companies.

 

11. Privacy

You acknowledge that any personal information that you provide through the BLC Sites will be used by BLC in accordance with BLC’s Privacy Policy which may be updated by BLC from time to time. If you purchase an item on ABLC.shop sold by a Marketplace Retailer or a BLC supplier, BLC may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

You authorize your wireless operator to disclose to BLC and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the BLC Privacy Policy for how BLC treats your data.

 

12. Third-Party Software & Licensing Notices

The BLC Sites may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties,  which is incorporated in these Terms of Use by reference.

 

13. Promotions

Any sweepstakes, contests, raffles, surveys, games, rewards programs, or similar promotions (collectively, “Promotions”) made available through the BLC Sites may be governed by rules that are separate from or supplement these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.

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A. Promo Codes

NEWS10: Valid only for your first order after subscribing to the BLC newsletter. No minimum order. Offer subject to change or expire without notice.

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B. Loyalty Program

BLC Rewards: Customers must have a member account to participate. Members are rewarded with points in order to receive discounts. Points earned are as follows: 5 points for every order placed, 15 points for becoming a member, and 10 points for following BLC on social media. A total of 50 points can be redeemed for a $5 discount. Points expire after six (6) months of customer inactivity.

 

14. Terms Applicable to Special BLC Services

A. iOS BLC App

In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of the BLC App compatible with the iOS operating system of Apple Inc. (“Apple”):

  • Apple is not a party to these Terms of Use and does not own and is not responsible for any BLC App. Apple is not providing any warranty for the BLC App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the BLC App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the BLC App, including any third-party product liability claims, claims that the BLC App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the BLC App, including those pertaining to intellectual property rights, must be directed to BLC in accordance with the “How to Contact Us” section.

  • The license you have been granted in these Terms of Use is limited to a non-transferable license to use the BLC App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the BLC App, such as your wireless data service agreement.

  • You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof; notwithstanding the foregoing, BLC’s right to enter into, rescind or terminate any variation, waiver, or settlement under these Terms of Use is not subject to the consent of any third party.

B. Chatbots and Use of Generative AI.

The BLC Sites may include Chatbots and other Generative AI, and Materials on the BLC Sites may be generated by Generative AI (the “Generative AI Features”). The Generative AI Features are subject to the following additional terms.

  • Due to the nature of Generative AI, the information, responses and recommendations generated for you and other users through Generative AI Features (collectively, the “Output”) may not be accurate, complete or up-to-date and may be misleading or contain errors and omissions, or the Generative AI Features may misunderstand the Content that you input (the “Input”) and may be responding to a different question than asked. You should review and verify the Output before making any purchases, engaging in other transactions from the BLC Sites, or taking any other action based on any such Output.

  • Pricing information generated by Generative AI Features may be inaccurate, incomplete, or out of date. Pricing information provided by Generative AI Features does not constitute an offer to sell the item at the stated price or acceptance of an offer to purchase the item at the stated price. Refer to BLC’s Terms of Use at Section 8.B. Pricing Information; Availability for further information on item pricing.

  • Unless an associated disclosure states otherwise, the Output may be based on information available on ABLC.shop or provided by manufacturers, suppliers, or sellers of items, BLC service providers, customer reviews, or other publicly available information, and third-party AI models. None of these sources have been verified by BLC. Any views or opinions expressed in the Output do not necessarily reflect those of BLC and should not be attributed to BLC.

  • Using the Generative AI Features to produce violent, abusive, or deceptive content or to otherwise cause harm is strictly prohibited. You are also prohibited from attempting to “break” or “trick” the Generative AI Features into disregarding safeguards or other features or messages aimed to protect the public.

The Output provided by the Generative AI Features are intended for general informational purposes only. You should not use any Output provided by the Generative AI Features as the basis for making any legal, safety, health, regulatory, or similarly important decision. Users of the Generative AI Features are solely responsible for independently verifying and evaluating the Output, and for any decisions they make based on the Output. Further, you understand that due to the nature of machine learning and Generative AI, the Output from the Generative AI Features may not be unique across users, and the Generative AI Features may generate or return the same or similar Output to BLC or a third party, and other users may also ask similar questions and receive the same or similar responses. Outputs that are requested by and generated for other users are not considered your Content.  However, you are responsible for any Input you submit to the Generative AI Features.

  • Do not share any sensitive or personal data, or any proprietary or confidential information with the Generative AI Features. Additionally, you understand and agree that Input to the Generative AI Features may not be kept confidential, and any of your Content (including but not limited to the Inputs), as well as your purchasing history from the BLC Sites, your use of promotions as well as personal information, may be used to further enhance and improve the Generative AI Features, the underlying model and the BLC Sites as well as to generate Output. Inputs will be collected, used and retained by BLC in order to answer questions and inquiries from you as well as other users, to help improve how the Generative AI Features operate, and for the other purposes described in BLC’s Privacy Policy. Though you have a right to use all Outputs generated by the Generative AI Features, the Outputs are owned by BLC.

  • The Generative AI Features are provided on an “as is” and “as available” basis, and the BLC Entities do not make any representations or warranties of any kind, express or implied, in relation to merchantability, accuracy (of materials data or any other information, response, results or content) and fitness for a particular purpose. The BLC Entities do not warrant that the Generative AI Features will operate without interruption or be accurate, complete or error free, or that the Generative AI Features will meet your expectations, or that any Content and Materials processed or generated by the Generative AI Features will be secure, not lost, or altered.

  • BLC Entities will not be liable for your use or inability to use the Generative AI Features, any inaccurate information generated by the Generative AI Features, or any Materials generated by the Generative AI Features or generated from the BLC Sites.

 

15. Disclaimer of Warranties

THE BLC SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BLC SITES, AND/OR BLC STORE LOCATIONS, ARE PROVIDED BY BLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO BLC ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BLC SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BLC ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE BLC ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE BLC SITES IS AT YOUR SOLE RISK. THIS SECTION 15 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY BLC TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE BLC SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE BLC SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO BLC ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE BLC SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

16. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, BLC ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A BLC ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO BLC ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE BLC SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO BLC ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SHOPPER OR OTHER USER OF THE BLC SITES.

 

17. Indemnification

You agree to defend (at BLC’s option), indemnify, and hold the BLC Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the BLC Sites or any breach by you of these Terms of Use. BLC reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with BLC if and as requested by BLC in the defense and settlement of such matter.

 

18. Disputes, Arbitration, and Applicable Law

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BLC, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY BLC OR THE BLC ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND BLC AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

  1. Class Action and Mass Action Waiver.

YOU AND BLC AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and BLC each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against BLC within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against BLC for you.

  1. Initiating a Demand for Arbitration.

Any arbitration required by the Arbitration Agreement shall be initiated by You or BLC by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to: A BossLady LLC Legal Department, 3419 Virginia Beach Blvd #335, Virginia Beach, Virginia 23452. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

  1. Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to Section 18.3 of these Terms of Use. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

  1. Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

  1. You or BLC may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

  2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.

  3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of BLC shall attend all arbitrator calls, conferences, and hearings.

  4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.

  5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

  6. The arbitrator will follow these Terms of Use and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

  7. You or BLC may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

  1. Process for Arbitration Bellwether Demands.

If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms of Use, You and BLC agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.

  1. Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 20 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

  1. Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 18 of these Terms of Use. If the FAA is found not to apply to any portion of Section 18 of these Terms of Use, then the applicable laws of the State of Arkansas shall apply without regard to choice-of-law principles.

 

19. Termination

These Terms of Use are effective unless and until terminated by either you or BLC. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the BLC Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the BLC Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or BLC, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the BLC Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the BLC Sites,” “Content and Ideas,” “Monitoring by BLC,” “Materials Available on the BLC Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with BLC,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

 

20. General

These Terms of Use represent the complete agreement and understanding between you and BLC and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and BLC. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in Section 18 above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. Except as provided in Section 18 above, these Terms of Use shall be interpreted and governed by the applicable laws of the State of Virginia without regard to choice-of-law principles. The failure of BLC to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit BLC's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the BLC Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

21. Filtering

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

 

22. How to Contact Us

If you have any questions or comments, please contact us at support@ablc.shop, or by mail at the following address: A BossLady Company LLC; 3419 Virginia Beach Blvd. #335, Virginia Beach, Virginia 23452. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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