Terms of Use

These Terms of Use ("Terms") govern your use of sweetheartsusa.com and its pages (the "Site"), operated by Enticing Lingerie NJ Inc. ("Sweet Hearts," "we," "us" or "our"). By using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

Please read Section 12 carefully. It requires most disputes to be resolved by individual binding arbitration instead of in court, and waives class actions and jury trials. You can opt out within 30 days as explained there.

1. Who may use the Site

You must be at least 18 years old, or the age of majority where you live, to use the Site, or use it with the involvement and consent of a parent or guardian. The Site is intended for use in the United States.

2. How purchases work

The Site lets you browse our products and build a bag. Purchases are not completed on the Site. When you select Checkout, you are taken to Walmart.com to review and complete your purchase. Each purchase is made through Walmart Marketplace and is governed by Walmart's terms, policies and checkout process, including payment, taxes, shipping, delivery, returns and refunds. See Orders, Shipping & Returns.

• Prices and availability. Prices, sizes, colors, stock and promotions shown on the Site are for information only. They can change at any time without notice and may differ from what is shown at checkout. The price, taxes and shipping charges shown at checkout on Walmart.com are final.
• Your bag. Adding an item to your bag does not reserve it, hold a price or create an order. Items may sell out or change before you check out.
• Product information. We try to describe and show our products accurately, but colors can look different on different screens, and descriptions, measurements and images may contain errors. We may correct errors, update information or remove products at any time.

3. Our content and trademarks

The Site and everything on it, including text, photographs, graphics, logos, designs and software, is owned by or licensed to Sweet Hearts and protected by copyright, trademark and other laws. "Sweet Hearts," our heart logo and related marks are our trademarks. We give you a limited, personal, non-exclusive, non-transferable and revocable license to view the Site for your own non-commercial shopping. You may not copy, reproduce, distribute, modify, create derivative works from or commercially use any part of the Site without our written permission.

4. Acceptable use

You agree not to:

• use robots, spiders, scrapers or other automated means to access, copy or collect data from the Site;
• probe, scan or test the vulnerability of the Site, get around any security or access controls, or interfere with its operation (including by overloading it);
• copy, reverse engineer or attempt to extract the Site's source code, except as the law expressly allows;
• send spam, malware or unlawful, harassing, defamatory or infringing material through our forms;
• impersonate any person or misrepresent your affiliation with anyone;
• use the Site for any unlawful purpose or in violation of these Terms.

5. Messages and feedback

You are responsible for the messages you send us. If you send ideas, suggestions or feedback, you agree we may use them for any purpose without paying or crediting you, and that they are not confidential. Please do not send us confidential or sensitive information through the Site.

6. Newsletter

If you sign up for our newsletter, you agree to receive marketing emails from us. You can unsubscribe at any time using the link in any email or by contacting us.

7. Third-party sites

The Site links to websites we do not operate, including Walmart.com. We are not responsible for their content, products, services, policies or practices, and your use of them is at your own risk and subject to their terms.

8. Disclaimers

The Site and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Any warranties for products you buy are provided only as stated at the time of purchase or as required by law.

9. Limitation of liability

To the fullest extent permitted by law, Sweet Hearts and its owners, officers, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, use or goodwill, arising out of or related to the Site or these Terms, even if advised of the possibility of such damages. Our total liability for all claims arising out of or related to the Site or these Terms will not exceed one hundred U.S. dollars ($100).

Nothing in these Terms excludes or limits any liability, or any right you have, that cannot be excluded or limited under applicable law, including liability for our gross negligence, willful misconduct or fraud. New Jersey residents: Sections 8, 9 and 10 apply to you only to the extent permitted by New Jersey law, and nothing in these Terms limits your rights under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act.

10. Indemnification

You agree to defend, indemnify and hold harmless Sweet Hearts and its owners, officers, employees and agents from any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of your misuse of the Site, your violation of these Terms or your violation of any law or third-party right.

11. Changes and access

We may change, suspend or discontinue any part of the Site at any time, and may restrict or end your access if you violate these Terms. We may update these Terms by posting a new version with a new effective date. Changes apply from that date, and continuing to use the Site means you accept them. Changes to Section 12 will not apply to disputes we already know about.

12. Dispute resolution, binding arbitration and class action waiver

Try to resolve it first. Before starting arbitration or a court case, you and we agree to try to resolve any dispute informally for at least 60 days, starting when one side sends the other a written notice describing the dispute. Send notices to hymgindi@gmail.com.

Arbitration. If a dispute is not resolved informally, you and we agree that any dispute arising out of or relating to the Site or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. This means you and we are each giving up the right to sue in court and to have a judge or jury decide the dispute. Instead, a neutral arbitrator decides it, and there is less opportunity to appeal. The arbitrator may award the same individual relief a court could. The Federal Arbitration Act governs this Section.

Exceptions. Either side may bring an individual claim in small claims court if it qualifies, and either side may seek court relief to stop infringement or misuse of intellectual property.

Class action and jury trial waiver. You and we agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and you and we waive any right to a jury trial.

Opt out. You may opt out of this arbitration agreement by emailing hymgindi@gmail.com within 30 days of first using the Site, with your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

If the class action waiver is found unenforceable for a claim, that claim will proceed in court and not in arbitration.

13. Governing law and venue

These Terms are governed by the laws of the State of New Jersey and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 12, you and we agree to the exclusive jurisdiction of the state courts located in Union County, New Jersey and the United States District Court for the District of New Jersey.

14. Copyright complaints

If you believe material on the Site infringes your copyright, send a notice to hymgindi@gmail.com or to our mailing address below. Include: your contact details; the copyrighted work; where the material appears on the Site; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature.

15. General

These Terms and our Privacy Policy are the entire agreement between you and us about the Site. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. We are not responsible for delays or failures caused by events beyond our reasonable control. Section headings are for convenience only.

16. Contact us

Enticing Lingerie NJ Inc.
PO Box 9332, Elizabeth, NJ 07202
Email: hymgindi@gmail.com
Or use our contact form.