TERMS OF USE

THE ENCHANTED CO. WEBSITE TERMS OF USE

Last Modified: June 18, 2025

Acceptance of the Terms of Use

These terms of use are entered into by and between you and The Enchanted Co. (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of lovetheenchantedco.com, including any content, functionality, and services offered on or through lovetheenchantedco.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By signing up on the account registration page or otherwise using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY]. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

THE SECTION BELOW TITLED “ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

Nature of the Website and Our Services

The Website provides a venue for people seeking childcare services (“Parents”) to connect with individuals who want to provide those services (“Providers”). To connect with others using the Website as a Parent or Provider, you must, among other things, register for the Website and create an account as a Parent or Provider (and, as set forth above, by doing so, you agree to these Terms of Service). Notwithstanding the foregoing, The Enchanted Co. is not a referral, placement, or employment service and does not provide, refer, secure, place, procure, offer or seek to obtain employment or engagements for Parents or Providers.

We have no obligation to screen, verify or monitor the identity, background, training, experience, qualifications, licenses or registrations of any Parent or Provider, including Parents or Providers who have Memberships, or any content submitted or communicated by a Parent or Provider or anyone other than The Enchanted Co. (“Non-Company Content”). The Enchanted Co. has no control over the accuracy, reliability, completeness or timeliness of profiles, reviews, background check information, affiliations or other Non-Company Content submitted on the Website, and makes no representations about any such Non-Company Content on the Website.

The Enchanted Co. further makes no referrals, recommendations or representations about Parents or Providers, including any representations about the suitability, reliability, integrity, qualifications or trustworthiness of any Parent or Provider (or any of their employees or contractors). You should make your own assessments of the individuals and/or companies you decide to interact with, provide services to and/or engage. When interacting with other users of the Website, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other people you don’t know. Your participation, correspondence or personal or business dealings with any third party found on or through the Website are solely between you and such third party. You agree that the Company is not responsible or liable for any false or misleading statements made by users of the Website or any loss, damage, injury, or other matters of any sort incurred as the result of such dealings.

NEITHER COMPANY, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE COMPANY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY USER OF THE WEBSITE.

Transactions Are Solely Between Parents and Providers. Parents and Providers arrange for the services to be provided by a Provider solely between themselves. The Enchanted Co. is not a party to any of those arrangements. The Enchanted Co. does not have control over, supervise or provide any training, counseling or equipment to Providers, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by a Provider. Because we are not involved in Parent-Provider dealings or control the behavior of Parents or Providers, Parents and Providers must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Provider or services received by a Parent.

The Enchanted Co. is not an employment service and does not serve as an employer of any individual Provider. As such, Parents and Providers are solely responsible (and The Enchanted Co. is not responsible), for any tax, workers’ compensation insurance, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting, and all applicable employment or other laws in connection with any services provided by Providers. You understand and agree that if The Enchanted Co. is found to be liable for any tax, workers’ compensation insurance, withholding tax or reporting obligation, or failure to comply with any applicable employment or other law in connection with any services provided or received by you, then you will immediately reimburse and indemnify The Enchanted Co. for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

THE ENCHANTED CO. HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON PARENTS OR PROVIDERS. However, to the extent permitted by law, we reserve the right to conduct such checks and/or to verify your account or registration information and the representations and warranties you have made, which may include, without limitation, using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.

Eligibility; User Representations and Warranties; Background Checks

This Website is offered and available to users who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that:

You are at least 18 years of age, and are otherwise capable of entering into binding contracts;
You have the right, authority and capacity to enter into this agreement and to abide by the terms and conditions of this agreement, and that you will so abide;
You have read, understand, and agree to be bound by these Terms of Use and our Privacy Policy;
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of users and will not record (whether video or audio or otherwise) any interaction by or with any user and/or Company in connection with the Website without the prior written consent of Company and/or the relevant user, as applicable;
You will fulfill the commitments you make to other users, communicate clearly and promptly, be present and/or available at the time you agree upon with your Provider or Parent as the case may be, and only use payment service providers or methods specified or approved by Company to make or receive payment for services provided through the Website (the “PSP”);
You will act professionally and responsibly in your interactions with other users;
You will use your real name and an up-to-date photo (where the option to upload a photo is provided) on your profile and whenever the option to provide a name and/or photo is provided;
When using or accessing the Website, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
Other than as fully and promptly disclosed in writing to Company, you do not have any motivation, status, or interest that Company may reasonably wish to know about in connection with the Website, including without limitation, if you are using or will or intend to use the Website for any journalistic, academic, investigative, or unlawful purpose.

Providers additionally represent and warrant that:

You have any and all insurance required to operate your business and provide your services;
You will honor your commitments to other users on the Website, including by responding to Website-related communications promptly and providing timely, high-quality services to Parents;
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
You and each member of your household (i) have/has never been convicted of, or is/are currently pending trial for, any felony or misdemeanor, (other than traffic-related misdemeanors), any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (ii) have/has not been and are/is not currently required to register as a sex offender with any government entity.

If you do not meet all of these requirements, you must not access or use the Website.

Background Checks of Providers.

As part of a Provider’s registration process and before a Provider may begin offering services through the Website, each Provider must complete, and clear, a basic background check (“Background Check”) from one or more third-party verification services (each, a “3rd Party Verification Service”) as we may direct in our sole discretion. As part of the Background Check, the Provider will provide information about themselves such as, for example, name, birthdate, social security number, current zip code, county of residence and criminal background information, to the 3rd Party Verification Service.

Background Checks are conducted entirely through the 3rd Party Verification Service’s website, require the Provider’s separate consent, and are subject to the 3rd Party Verification Service’s website’s terms of service and privacy policy. To the extent permitted by law, we may receive and review a copy of each Background Check requested from a 3rd Party Verification Service. If the 3rd Party Verification Service reports that a Provider’s Background Check search report is clear of any felonies or misdemeanors (other than traffic-related misdemeanors, as discussed further below), at The Enchanted Co.’s discretion, the Provider’s profile will be publicly displayed on the Website. For traffic-related misdemeanors, The Enchanted Co. shall use its judgment and discretion to determine whether such misdemeanor disqualifies an Provider from having their profile publicly displayed on the Website. In making such determination, The Enchanted Co. may consider, among other factors, whether such traffic-related misdemeanor is treated as an infraction instead of a misdemeanor in other states (for example, some states may classify certain types of speeding tickets as misdemeanors whereas other states may classify the same conduct as infractions). To the extent permitted by applicable law and subject to the Provider’s authorization, updated Background Checks may be reinitiated annually for Providers; failure to initiate and clear a new Background Check may result in the Provider’s profile being hidden from public view or their account being terminated. In addition, The Enchanted Co. may supplement the Background Check search results with publicly available information about a Provider (e.g., public social media profiles). If you are a Provider, by ordering and/or otherwise authorizing a Background Check to be conducted about yourself, you hereby agree and acknowledge that The Enchanted Co. may receive and review a copy of your Background Check and may conduct supplemental searches for publicly available information, including but not limited to your public social media profiles, and you understand and agree that The Enchanted Co. may terminate or suspend your registration on the Website based on information contained in such Background Check and other search results.

Limitations and Disclaimers Relating to Provider’s Background Checks.

The Enchanted Co. retains the right, but has no obligation, to take action to the extent permitted by applicable law with respect to an Provider’s The Enchanted Co. account based on the information contained in the Background Check report, including, but not limited to, terminating the Provider’s account, regardless of whether incorrect or incomplete information in the report is subsequently corrected or completed.

Background Checks are conducted solely by the 3rd Party Verification Service (and not The Enchanted Co.). The Enchanted Co. does not endorse, have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of, and The Enchanted Co. will not have any liability for, the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information contained in a Background Check report must be addressed with the 3rd Party Verification Service that provided the report (and not The Enchanted Co.).

Please note that 3rd Party Verification Services may be incomplete, not up-to-date, and may not provide all information about a Provider that may be relevant to Parents or other users of the Website such as, for example, traffic violations, address verification, and pending criminal and/or civil complaints. For example, different jurisdictions have different limitations that may affect the results of a Background Check, such as restrictions on reporting certain types of convictions or how far back convictions are reportable. The 3rd Party Verification Service only reports publicly available records, but not all records are publicly available in every jurisdiction and in many jurisdictions, there is a delay before records are publicly available. Records not available to the 3rd Party Verification Service and/or not allowed to be reported by law may include, but are not limited to, juvenile and minors’ records, dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries, deferred adjudications or pending court cases, nolle pros, and other convictions that are suppressed by state and federal reporting restrictions. In addition, as each Background Check is performed with the authorization and information provided directly to the 3rd Party Verification Service by the Provider, if inaccurate information is provided, the Background Check results may be inaccurate and/or incomplete as well. Accordingly, you should take such actions as you feel are appropriate to evaluate an Provider’s background.

Verification Checks Ordered and/or Conducted by The Enchanted Co.

As noted above, The Enchanted Co. may, either during or after the registration process, request further information from a Parent or an Provider and/or use third party services, to verify an Provider’s or a Parent’s identity, account or registration information. To the extent permitted by law, The Enchanted Co. has the right, but not the obligation, to conduct and/or use 3rd Party Verification Services to verify information about a Parent or an Provider including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service. By agreeing to these Terms of Service, each Parent and Provider consents to The Enchanted Co. performing verification checks on them to the extent permitted by law. If you do not want these checks performed, do not use the Website or the Services.

Trustline and Background Checks in California

California Business and Professions Code Section 18890.2 requires our Website to include the following statement:

Trustline is California's official background check for license-exempt child care providers (i.e. babysitters and nannies) and the only authorized screening program in California with access to fingerprint records at the California Department of Justice and the Federal Bureau of Investigation and access to the California Child Abuse Central Index. The Trustline registry toll-free telephone number is 1-800-822-8490.

Please note, this is NOT our phone number.

The Enchanted Co. does not currently use Trustline as a 3rd Party Verification Service.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Registration and Account Information

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy

We may, either during or after the registration process, request further information from a Parent or a Provider and/or use third party services, to verify a Provider’s or a Parent’s identity, account or registration information. If requested by The Enchanted Co., you agree to provide us with such identification documents (including social security numbers, tax ID numbers, copies of passports and driver’s licenses) or other information, or complete other identity verification checks as may be needed or requested by us.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Use of Others’ Personal Information

You may from time to time receive personal information of a Parent a Provider. For example, upon confirmation of a booking between a Parent and a Provider, the Parent and Provider will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Website. Parents and Providers may only contact each other to ask a question, provide information, and make arrangements related to a booking on the Website.

Text Messages
We may ask or require that you provide us with a mobile phone number as part of the registration process or in your account settings, and you may receive text message communications from The Enchanted Co. on your cellular phones and/or mobile devices. By providing The Enchanted Co. with your mobile phone number, you consent to The Enchanted Co. sending text messages to your cellular phone and/or mobile device. The Enchanted Co. does not charge for sending text messages, but your carrier may charge you.

Memberships and Other Terms and Conditions of Sale

Memberships

Accessing and using the services made available through Website requires that you purchase a membership (“Membership”). You agree to pay such fees for such Membership as are set forth on the Website at the time of your purchase. The services available through the Website, including Memberships and the services available under such Memberships (collectively, “Services), and fees (including which Services are charged fees) are subject to change or termination by The Enchanted Co. from time to time without notice, and may vary by location. If there is any change to the Services, or fees, the pages listing the current Services or fees, respectively, will be updated. Any reversal of payment will result in the immediate termination of the Membership and void any credits and/or discounts and/or any commitments provided by us.

Payments

Parents and Providers who use these fee-based Services agree to pay The Enchanted Co. the applicable fees then in effect for each such Service. In addition, you authorize The Enchanted Co. to charge your chosen payment provider for use of the Website. The Enchanted Co. reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. You shall be required to choose a method for payment from third-parties payment processors that are external to our Site (such as payment via credit card, ACH, or others) (the “Third Party Payment Processors”). You shall be solely liable for any fees, commissions, or rates of the Third-Party Payment Processors.

It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. Sales tax, Value Added Tax and other taxes may be added to your payments to the extent applicable (as determined by us).

In the event that you are required to deduct or withhold taxes of any kind from payments you make pursuant to any Services, such withheld amount shall be grossed up and incurred solely by you, and the amount paid by you to the us on account of your Membership shall equal the amount which would have been received by us had such payment been made free of such tax deduction or withholding.

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

From time to time, we may offer promotions on the Website of elsewhere through our Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before you are able to make use of our services. You represent and warrant that (i) any credit card information or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order

Refund Policy

All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including if there are any change to the Membership plans or Services available thereunder.

If the Company chooses to issue a refund for any reason in its sole discretion, the Company will only refund to your original payment method in the original currency of payment.

If you fail to fulfill your obligation of payment as a user of a paid account, we may suspend your account or delete it after an extended period of default.

If you rely on dispute or chargeback mechanisms of third-party payment processors, you waive your right to the above-mentioned refund from the Company. Furthermore, if the result of the dispute or chargeback mechanisms causes the Company to be liable for an amount exceeding the price paid for the service (e.g., dispute fee), you authorize the Company to charge that amount on your account. ,

Additional terms and conditions may also apply to specific portions, services, or features of our Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide interactive or social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use. • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website contains interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and nonproprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site infringe your copyright, you may request removal of those materials (or access to them) from this Website by submitting written notification to our agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA Notices is:

The Enchanted Co.

Attn: Chanda Reed

3943 Irvine Blvd. #1034

Irvine, CA 92602

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

AT COMPANY'S SOLE DISCRETION, IT MAY REQUIRE YOU TO SUBMIT ANY DISPUTES ARISING FROM THESE TERMS OF USE OR USE OF THE WEBSITE, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA LAW.

If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Company

Except as specified in this arbitration agreement, you may opt out of the Arbitration Agreement by notifying us in writing within thirty (30) days of your agreement to these Terms of Use. To opt out, you must send a signed written notification to The Enchanted Co., 3943 Irvine Blvd. #1034, Irvine, California, 92602, Attention: Arbitration Opt-Out, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the arbitration agreement.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Enchanted Co. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website

Your Comments and Concerns

This website is operated by The Enchanted Co., 3943 Irvine Blvd. #1034, Irvine, California, 92602.

Except for notices under the DMCA and arbitration opt-out notices, all other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@lovetheenchantedco.com.