Terms and Conditions

Terms and Conditions

1. Introduction

Welcome to the website provided by Elle Amante LLC. These Terms of Use govern your access to and use of the Elle Amante LLC Site, among other things. By using the 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 Site is unauthorized. Additional terms and conditions may apply to some services offered on the Site (e.g., pharmacy, subscriptions, gift cards) or through other channels. Those terms and conditions can be found where the relevant service is offered on the Site or otherwise and are incorporated into these Terms of Use by reference.

DEFINED TERMS:
In these Terms of Use:

  • When we say “Elle Amante”, we mean Elle Amante LLC, and any subsidiaries it may form or acquire in the future, and their affiliates, directors, officers, employees, and agents. We also refer to Elle Amante LLC as “we,” “us,” and “our.” When we say “Elle Amante LLC Entities,” we mean Elle Amante LLC, its suppliers, vendors, contractors, and licensors.
  • When we say “Site,” we mean www.elleamante.com

Other key terms used in these Terms of Use:

  • Chatbot: an application feature or interface by which you can engage in voice or text communications intended to mimic human interactions, including through Generative AI and third-party large language models.
  • Content: merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, logos, designs, icons, photographs, software, music, video, and other materials).
  • Generative AI: artificial intelligence, including large language models made by Elle Amante LLC or third parties, capable of generating new text, images, or other media.
  • Ideas: ideas, concepts, feedback, and know-how that you make available in connection with the Site.
  • Make available: post, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any third-party social media platforms integrated with the Site).
  • Materials: Content that Elle Amante LLC Entities make available on or through the Site.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: Please note the disclaimers and limitations on Elle Amante LLC’s liability explained in Sections 17 and 18.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes through any reasonable means, including posting a revised Terms of Use on the Site. Any such changes will not apply to any dispute arising prior to the date the revised Terms are posted. By continuing to use or access the Site after updates, you accept the revised Terms.

2. Your Use of the Site

You certify that the Content you provide on or through the Site is accurate and complete. You are responsible for maintaining the confidentiality and security of your account, including username, password, and PIN. Elle Amante LLC is not responsible for any losses arising from unauthorized use of your account. You agree that Elle Amante LLC is not responsible if you lose or share access to your device. Your account may be restricted or terminated for any reason, at our sole discretion.

You will not:

  • Make available Content in violation of Section 3.C (Prohibited Content).
  • Introduce viruses, worms, Trojan horses, spyware, or other harmful code.
  • Use the Site for commercial, fraudulent, or unlawful purposes.
  • Collect information about other users of the Site.
  • Interfere with the Site’s operation or its networks.
  • Restrict or inhibit others from using the Site.
  • Exploit the Site or Materials commercially without prior written consent.
  • Reverse engineer, decompile, or disassemble the Site unless legally permitted.
  • Remove copyright, trademark, or other proprietary notices.
  • Frame or mirror the Site without prior consent.
  • Use robots, spiders, or automated devices to gather Materials without consent.
  • Cause injury to any person or entity.
  • Violate any law, regulation, or these Terms.

You may not use Elle Amante LLC’s name, logo, or brand for unsolicited content or meta tags without written consent.

3. Content and Ideas

Prohibited Content: You agree not to make available Content on the Site that:

  • Is false, misleading, or fraudulent.
  • Contains personal or confidential information of yourself or others.
  • Violates laws or rights of others, including intellectual property rights.
  • Is obscene, indecent, pornographic, or otherwise objectionable.
  • Is derogatory, defamatory, threatening, harassing, abusive, hateful, or embarrassing.
  • Harasses or discriminates based on religion, gender, race, age, sexual orientation, disability, or other protected attributes.
  • Promotes violence or harmful actions.
  • Contains unsolicited advertising or spam.
  • Involves impersonation of any person or entity, including Elle Amante LLC.
  • Violates any policy posted on the Site.
  • Causes harm or interference with the Site or its partners.

4. Monitoring by Elle Amante LLC

Elle Amante LLC may monitor, evaluate, and analyze Content and Site usage to ensure compliance with these Terms. Elle Amante LLC may remove or refuse to make available any Content in its discretion. You are solely responsible for the Content you submit and agree to indemnify Elle Amante LLC for claims resulting from your Content.

5. Materials Available on the Site

Materials provided on the Site are for educational and informational purposes only. Elle Amante LLC makes no warranties as to the reliability, accuracy, or completeness of the Materials. Errors may occur, and you should verify important information before acting.

Materials related to health, wellness, prescriptions, or pharmaceuticals are not a substitute for professional medical advice. Consult your medical professional regarding any such materials. Elle Amante LLC is not responsible for any consequences resulting from reliance on the Materials.

6. Merchandise

The Site may list Products provided by Elle Amante LLC or third parties. We make no guarantees about the accuracy, completeness, or availability of product information. Product colors, weights, measures, and descriptions are approximate.

Products may have age restrictions, and by purchasing age-restricted items, you certify compliance. Elle Amante LLC is not responsible for third-party goods or services or linked websites. Dietary supplement statements have not been evaluated by the FDA. Your sole remedy for an incorrect product is to return it according to the Site’s return policy.

7. Third-Party Sites

The Site may link to third-party sites or services. Elle Amante LLC does not endorse or control third-party content and is not responsible for their actions. Use of third-party sites is at your own risk and governed by their terms.

8. Placing an Order

Order Acceptance and Billing:

By providing payment information, you authorize Elle Amante LLC to process purchases and may participate in automatic account updates. Billing information must be accurate. Orders may be refused or canceled at Elle Amante LLC’s discretion.

Pricing Information; Availability:

Pricing and availability are not guaranteed until your order is accepted. Elle Amante LLC may cancel orders with errors without liability.

Promotional Codes:

Promotional codes are limited, non-transferable, and may be canceled at any time.

Gift Cards:

Risk of loss passes to the purchaser upon transmission or delivery. Gift card use is subject to separate terms available on the Site.

Tax-Exempt Purchases:

Tax-exempt registration must follow Site procedures, and misuse of tax exemptions is prohibited.

9. Shipping and Delivery

Products will be shipped to the address you provide. Risk of loss passes to you upon delivery to the carrier. Delivery outside the U.S. may be limited.

10. Export Policy

Materials and products are subject to U.S. and local export laws. You agree not to transfer Materials to prohibited territories or individuals without proper authorization.

11. Intellectual Property

The Site and Materials are owned or licensed by Elle Amante LLC and protected by intellectual property laws. Materials are licensed for personal, non-commercial use. You may not reproduce, distribute, or exploit the Site or Materials except as expressly authorized.

12. Procedure for Making a Claim of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Elle Amante site in a way that constitutes copyright infringement, please contact us.

13. Privacy

You acknowledge that any personal information that you provide through the Elle Amante site will be used by Elle Amante in accordance with our Privacy Policy, which may be updated from time to time.

You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to Elle Amante 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. 

14. Third-Party Software & Licensing Notices

The Elle Amante site 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.

15. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Elle Amante site 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.

16. Disclaimer of Warranties

THE ELLE AMANTE LLC SITE, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ELLE AMANTE LLC SITE, AND/OR ELLE AMANTE LLC STORE LOCATIONS, ARE PROVIDED BY ELLE AMANTE LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO ELLE AMANTE LLC ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ELLE AMANTE LLC SITE 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 ELLE AMANTE LLC ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE ELLE AMANTE LLC 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 ELLE AMANTE LLC SITE IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY ELLE AMANTE LLC 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 ELLE AMANTE LLC SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE ELLE AMANTE LLC SITE 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 ELLE AMANTE LLC ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE ELLE AMANTE LLC SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, ELLE AMANTE LLC 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 AN ELLE AMANTE LLC 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 ELLE AMANTE LLC ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE ELLE AMANTE LLC SITE 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 ELLE AMANTE LLC ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE ELLE AMANTE LLC SITE.

18. Indemnification

You agree to defend (at Elle Amante LLC’s option), indemnify, and hold the Elle Amante LLC 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 Elle Amante LLC Site or any breach by you of these Terms of Use. Elle Amante LLC 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 Elle Amante LLC if and as requested by Elle Amante LLC in the defense and settlement of such matter.

20. 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.

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 ELLE AMANTE LLC, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY ELLE AMANTE LLC OR THE ELLE AMANTE LLC 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 ELLE AMANTE LLC 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.

Class Action and Mass Action Waiver
YOU AND ELLE AMANTE LLC AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Elle Amante LLC 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 Elle Amante LLC 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 Elle Amante LLC for you.

Initiating a Demand for Arbitration
Any arbitration required by the Arbitration Agreement shall be initiated by You or Elle Amante LLC by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period.