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Terms & Conditions of Use

 

This website (www.lilytrotters.com) is operated by Lily Trotters International, Inc. (“Lily Trotters” or “We”) and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by Lily Trotters, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites). 

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO LILY TROTTERS SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE LILY TROTTERS SERVICES AND PRODUCTS, AND THE RELATED LILY TROTTERS SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “LILY TROTTERS TECHNOLOGY”).

LILY TROTTERS IS WILLING TO PROVIDE YOU WITH ACCESS TO THIS LILY TROTTERS TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM LILY TROTTERS OR ITS AFFILIATES IN CONNECTION WITH THE LILY TROTTERS TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE LILY TROTTERS TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE LILY TROTTERS TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM LILY TROTTERS.

Our store is hosted on Shopify Inc.’s system.  They provide us with the online e-commerce platform that allows us to sell our products and services to you.  If you choose a direct payment gateway to complete your purchase, then Shopify is the party that stores your credit card data and executes the credit card transaction.  For more information about Shopify, you also may want to read Shopify’s Terms of Services located at www.shopify.com/legal/terms and its Privacy Statement located at www.shopify.com/legal/privacy.

You further understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

Authority

By accessing, subscribing, downloading and/or otherwise using the Lily Trotters Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Lily Trotters that may be published within the Lily Trotters Technology or this Website.

Intellectual Property

The Lily Trotters Technology (including, this Website) is owned and operated by Lily Trotters and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2015 Lily Trotters - All rights reserved.  The compilation and arrangement of all content, data and other information found within the Lily Trotters Technology is also the sole and exclusive property of Lily Trotters and its licensors and is protected by U.S. and international intellectual property laws.  The “look and feel” of the Lily Trotters Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Lily Trotters and its licensors and are fully protected under U.S. and international intellectual property laws.

Use of the Lily Trotters Technology

Subject to the terms and conditions set forth herein and any third party restrictions, Lily Trotters grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Lily Trotters Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Lily Trotters Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the Lily Trotters Technology; provided you retain all Lily Trotters copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by Lily Trotters and Lily Trotters disclaims any and all implied licenses.  Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Lily Trotters Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Lily Trotters Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Lily Trotters Technology, or any part thereof, including, but not limited to, using any part of the Lily Trotters Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Lily Trotters Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Lily Trotters, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Lily Trotters Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Lily Trotters Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Lily Trotters Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Lily Trotters Technology or servers or networks connected to the Lily Trotters Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Lily Trotters Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.

You agree not to access the Lily Trotters Technology by any means other than through the interface that is provided to you by Lily Trotters for use in accessing the Lily Trotters Technology.

By posting of information or other materials on this Website or within the Lily Trotters Technology or by making such information available for downloading by you, Lily Trotters does not waive any proprietary right in and to the Lily Trotters Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Lily Trotters Technology except for the limited license expressly granted herein.

Submissions

Any and all comments, suggestions, ideas, graphics, videos, content, data, personally identifiable information and any other information that you transmit to Lily Trotters through the Lily Trotters Technology (“Submission”) may be used by Lily Trotters anywhere, anytime and for any reason whatsoever, subject only to our Website Privacy Policy with respect to our use of your personally identifiable information. You shall remain the sole and exclusive owner of your Submission, and you shall be solely responsible for your Submission and the consequences of posting or publishing them.  By submitting your Submissions to Lily Trotters, you hereby grant Lily Trotters a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever now known or hereinafter becomes known.   

Any Submission you provide to Lily Trotters will be deemed public information and not subject to any confidentiality obligation and Lily Trotters shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, Lily Trotters’ Privacy Policy shall govern Lily Trotters’ disclosure of such information.

By making a Submission, you waive the right to make any claim against Lily Trotters or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.

You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for Lily Trotters.  You also agree to maintain and promptly update your Submissions by means of the Lily Trotters Technology in order to keep that information true, accurate, current and complete.

Participation Disclaimer

Lily Trotters does not and cannot review all Submissions posted to or created by users accessing the Lily Trotters_ Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users.  You acknowledge that by providing you with the ability to view and distribute user-generated content through the Lily Trotters Technology (including, but not limited to, this Website), Lily Trotters is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities.  Even though Lily Trotters may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation.  Notwithstanding the foregoing, Lily Trotters reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Lily Trotters as determined in its sole discretion.

Limitations on Internet

You acknowledge that Lily Trotters may establish limits concerning use of the Internet, including the maximum number of days that submissions will be retained by the Internet, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the Internet, and the frequency with which you may access the Internet.

You agree that Lily Trotters has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet.  You acknowledge that Lily Trotters reserves the right at any time to modify or discontinue the Internet (or any part thereof) with or without notice, and that Lily Trotters shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Internet.

Electronic Delivery Policy and Your Consent

By using the Lily Trotters Technology, you consent to electronically receive from Lily Trotters all communications including notices, agreements, legally required disclosures or other information in connection with the Lily Trotters Technology (collectively, “Notices”).  Lily Trotters shall provide such electronic Notices by posting them on this Website.  If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the Lily Trotters Technology.

Trademarks

Any and all trademarks displayed within the Lily Trotters Technology are owned by Lily Trotters, its licensors or its affiliates.  Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Lily Trotters.  “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Lily Trotters or its licensors, including, but not limited to, all parts of the Lily Trotters Technology and any other materials or information related to the business or activities of Lily Trotters that are not generally known to others engaged in similar businesses or activities.

Warranty Disclaimer

You access and use the Lily Trotters Technology at your sole risk.  The Lily Trotters Technology is provided to you on an “as is” and “as available” basis.  To the fullest extent permissible pursuant to applicable law, Lily Trotters disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise. 

Without limiting the foregoing, Lily Trotters does not represent or warrant that (a) the Lily Trotters Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Lily Trotters Technology will be corrected, (c) the Lily Trotters Technology or the servers that operate the Lily Trotters Technology are free of viruses or other harmful components, (d) the data, results and information within the Lily Trotters Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Lily Trotters Technology will meet your needs, requirements or expectations.

Lily Trotters may make changes to the content within the Lily Trotters Technology or to the products or services described in it, at any time without notice to you.  Further, Lily Trotters assumes no liability or responsibility for any errors or omissions in the content within the Lily Trotters Technology.  The materials in the Lily Trotters Technology may be out of date or inaccurate, and Lily Trotters specifically disclaims any duty to update such content.

Any material downloaded or otherwise obtained by you through the use of the Lily Trotters Technology is done at your sole discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.

You acknowledge and agree that Lily Trotters shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Lily Trotters.  You acknowledge and agree that Lily Trotters shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Lily Trotters Technology provided by any other user of this Website or any third party licensors or suppliers of Lily Trotters.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the Lily Trotters Technology, and no warranties shall apply after such period.

Disruptive Behavior

Harassment in any manner or form on this Lily Trotters Website or through the use of the Lily Trotters Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including a Lily Trotters employee or representative, as well as other members or visitors on this Lily Trotters Website or through use of the Lily Trotters Technology is prohibited.  You may not upload to, distribute, send or otherwise publish through this Lily Trotters Website or within the Lily Trotters Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Lily Trotters’ then current policies).  You may not upload commercial content on this Lily Trotters Website or within the Lily Trotters Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.

You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the Lily Trotters Technology; (b) use Internet Relay Chat (IRC) bots via this Lily Trotters Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Lily Trotters Technology or the normal flow on this Lily Trotters Website of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this Lily Trotters Website or through the Lily Trotters Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Lily Trotters Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Lily Trotters Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Lily Trotters Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Lily Trotters or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).

Limitation of Liability

NEITHER LILY TROTTERS, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE LILY TROTTERS TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE LILY TROTTERS TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE LILY TROTTERS TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE LILY TROTTERS TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE LILY TROTTERS TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE LILY TROTTERS TECHNOLOGY WHETHER OR NOT LILY TROTTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT SHALL LILY TROTTERS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO LILY TROTTERS FOR ACCESS AND USE OF THE LILY TROTTERS TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH LILY TROTTERS TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Lily Trotters is not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this site is at your own risk.  This site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.

Access to Lily Trotters Technology

You shall be responsible for obtaining access to the Lily Trotters Technology and for all equipment necessary to access the Lily Trotters Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges).  You are responsible for all charges associated with connecting you to the Lily Trotters Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.

Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the Lily Trotters Technology and to select a unique username and password in order to be able to access your account and use any of the Lily Trotters Technology.  As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Lily Trotters in writing of any breach of security, including, without limitation, unauthorized use of your username or password.  You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account.  If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized. 

Please notify us immediately of any unauthorized use of your user name and password via email to info@lilytrotters.com.

Security

The Lily Trotters Technology resides on the public internet. Lily Trotters uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Lily Trotters and any information stored on servers controlled by Lily Trotters. Notwithstanding these efforts, Lily Trotters cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Lily Trotters Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Lily Trotters Technology, overloading, “flooding,” “mailbombing” or “crashing” the Lily Trotters Technology.  Violations of system or network security may result in civil or criminal liability.  Lily Trotters reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Indemnification

You agree to indemnify, defend, and hold harmless Lily Trotters, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the Lily Trotters Technology; and (d) any use of your Submission by Lily Trotters or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.

Blog Disclaimer 

The blog entries, quotations and other editorial content on this Lily Trotters Website are provided “as is” with no warranties and confers no rights.  The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Lily Trotters, its parent company and/or their indirect and direct parent companies and affiliates.

Termination

You agree that Lily Trotters, at its sole discretion, may terminate or suspend your access to and use of the Lily Trotters Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Lily Trotter believes that you have violated or acted inconsistently with the terms and conditions of this Agreement.  Lily Trotters reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Lily Trotters Technology (or any part thereof) without notice. You agree that Lily Trotters shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Lily Trotters Technology.  Your obligations under this Agreement shall continue even after Lily Trotters has terminated and/or cancelled this Agreement or your access to the Lily Trotters Technology.  Lily Trotters also reserves the right to refuse service to anyone for any reason or no reason whatsoever.

Product Display/Colors & Specifications

The Lily Trotters Technology (including, but not limited to, this Lily Trotters Website) attempts to display product images shown through it as accurately as possible.  However, Lily Trotter cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the Lily Trotters Technology (including, but not limited to, this Lily Trotters Website) are subject to change at any time without notice.  Weights and measures are approximate.

Pricing, Special Offers and Promotions

All prices shown through the Lily Trotters Technology (including, but not limited to, this Lily Trotters Website) are applicable solely for purchase by users directly through this Lily Trotters Website.  Prices are subject to change without notice.  Prices within the Lily Trotters Technology (including, but not limited to, prices on this Lily Trotters Website) may not be the same as prices available through sales representatives, telephone orders, or promotional offers.  Lily Trotters does not have a price match guarantee.  We reserve the right at any time to modify or discontinue the Lily Trotter Technology (including, but not limited to, removing a product for our store) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinue of the Lily Trotters Technology (including, but not limited to, removing a product from our store).

Special product, pricing or service offerings and promotions may be displayed from time to time through the Lily Trotters Technology (including, but not limited to, on this Lily Trotters Website) and are considered discontinued and no longer valid once they are removed from the Lily Trotters Technology (including, but not limited to, this Lily Trotters Website).  In addition, all such offerings and promotions displayed through the Lily Trotters Technology (including, but not limited to, on this Lily Trotters Website) are subject to change or cancellation at any time without notice.  Programs/promotions available through sales representatives or telephone orders may not be available through the Lily Trotters Technology (including, but not limited to, this Lily Trotters Website) and vice versa.  Certain products may be available exclusively online through this website.  These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

Other product and service limitations and disclaimers may apply.

Typographical Errors

The price for a product or service on the Lily Trotter Website may differ from the price shown in your shopping cart at the time of your purchase at the Lily Trotters Website -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made.  On rare occasions, an item may be priced incorrectly on the Lily Trotters Website.  If the price for the item on the Lily Trotter Website is incorrect, then, at the sole discretion of Lily Trotters, Lily Trotter may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before charging you for such product or service; (c) cancel the order for such service and notify you of such cancellation; or (d) sell the product or service at the incorrect price to your benefit.  If your credit card has already been charged for the purchase and your order is cancelled or refused, Lily Trotters shall issue a credit to your credit card account in the amount of the incorrect price that was charged.

Applicability of Content

This Website is operated in the State of Maryland, United States of America, and Lily Trotters makes no representation that the content provided through the Lily Trotters Technology are applicable or appropriate for use in jurisdictions other than the United State of America.  If you access our Lily Trotters Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws.  To the extent any applicable local laws prohibit your viewing and use of the Lily Trotters Technology, you may not view or use the Lily Trotters Technology.

Product & Service Availability

The Lily Trotters Technology (including, but not limited to, this Lily Trotters Website) refers to products and services available for purchase at this Website by buyers with a shipping address located within the United States of America.  Subject to the terms and conditions of this Agreement, Lily Trotters will sell products, and provide services, to you if the product or service is currently available and/or the product is in Lily Trotters’ inventory or the service is a service made commercially available by Lily Trotters.  Lily Trotters cannot guarantee the availability of a product or service at all times.  We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any product that we offer.  All description of products are subject to change at any time with or without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.  Any offer fro any product made on this Website is void where prohibited.

Sales Tax Policy

Sales tax may be added to each order, subject to federal, state, and local tax laws.  We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons.  If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever.  You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.  We may, in our sole discretion, limit or cancel quantities purchased by person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number phone number provided at the time the order was made.  We reserve the right to limit or prohibit order that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Validating Your Order

After you place an order through the Lily Trotters Website, we will check the information you gave us for validity.  We may require additional verifications or information before accepting any order.

We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever.  If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.

Paying for Your Order

If you are making a purchase through our store located on the Shopify e-commerce platform, you may pay for your order in the manner set forth on the Shopify e-commerce platform available through our store.  The accepted methods of payment may change at Shopify and Lily Trotters’ sole discretion.

Your card will be authorized for the full amount of your purchase at the time of your order.  This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.

If you are making a purchase through other means, then Lily Trotters will communicate to you the payment method at the time of your purchase.

Return Policy

Lily Trotters has a return policy.  For more details, please review our Return Policy here.

Privacy Policy

We realize that you are concerned about how the information you provide online will be used.  Lily Trotters has a Privacy Policy that discloses what information Lily Trotters collects about you, how Lily Trotters uses such information, the steps Lily Trotters takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used.  The Privacy Policy is available on this Website and is incorporated herein by this reference.  Please read our Privacy Policy for more details.

Jurisdiction

This Agreement shall be governed and construed in all respects by the laws of the State of Maryland, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Lily Trotters Technology, and purchases of products and/or services through the Lily Trotters Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply.  You agree to submit to the exclusive jurisdiction of the courts of the State of Maryland or the United States District Court for the State of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Lily Trotters Intellectual Property Notice

Pursuant to the Digital Millennium Copyright Act, Lily Trotters has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website.  Lily Trotters respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Lily Trotters’ Copyright Agent the following information (the “Copyright Notice”):  (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Lily Trotters Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Lily Trotters’ Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted:

[INSERT NAME AND ADDRESS]

Additional Fees

Client shall immediately notify Lily Trotters if Client knows or has reason to believe that Lily Trotters has been or will be required, as a result of activity arising out of or related to this Agreement or the services contemplated hereunder by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which Client or any of its affiliates, officers, directors, agents, employees, or subcontractors is involved.  Whether or not such notice is given by Client, Client shall directly assist Lily Trotters in Lily Trotters’ attempt to reduce the burdens of compliance with any such directives, and Client shall reimburse any and all reasonable expenses incurred by Lily Trotters and its affiliates in complying with any such directive, including, but not limited to, attorneys’ fees and Lily Trotters’ outside counsel attorneys’ fees for representation and advice, travel and lodging expenses for all time spent by Lily Trotters in responding to such matters.

Order of Preference

This Agreement governs your use and access to the Lily Trotters Technology.  This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Lily Trotters.  To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the Lily Trotters Technology, conflicts with any provision of your other agreements with Lily Trotters, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement. 

Links to Other Web Sites

The Lily Trotters Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Lily Trotters).  Lily Trotters is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Lily Trotters.  Lily Trotters hereby disclaims any and all liability for, any information, materials, and products or services posted or offered at any of the Third Party Sites.  By creating a link to Third Party Sites, Lily Trotters does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Lily Trotters liable for any failure of products and services offered or advertised at those sites.  Such third parties may have a privacy policy different from that of Lily Trotters and Third Party Sites may provide less security than Lily Trotters.  Without limiting the foregoing, the Lily Trotters Technology may contain offers from Lily Trotters for products and services that may be obtained only by linking to the merchant web site to complete the transaction.  Terms of the offer shown on the Lily Trotters Technology, including, but not limited to, price, quantity, availability and description may vary from those shown on the merchant’s web site.  Differences in the terms of an offer between what is displayed in connection with the Lily Trotters Technology and what is offered at the merchant website will be governed by the terms shown on the merchant’s website.  Lily Trotters is not responsible or liable for any such differences or discrepancies.

Revisions and Consents

Lily Trotters reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever.  Lily Trotters also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Lily Trotters Technology (including, but not limited to, on this Website).  Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above.  By continuing to enter this Website and/or using the Lily Trotters Technology, you acknowledge and agree that you shall be bound by any such revisions.  Accordingly, you should periodically review the terms and conditions of this Agreement.

Forward-Looking Statements

The Lily Trotters (including, but not limited to, this Lily Trotters Website) may make forward-looking statements concerning Lily Trotters’ future performance.  Such statements are subject to risks and uncertainties that may cause Lily Trotters’ actual performance to differ materially from that set forth in such forward-looking statements.  Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements.  Such statements speak only as of the date on which they are made.  Lily Trotters undertakes no obligation to update publicly or revise any such statements.  Factors that could cause Lily Trotters’ actual financial and other results to differ materially from those projected by Lily Trotters in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.

Entire Agreement

This Agreement constitutes the entire agreement between you and Lily Trotters with respect to the subject matter addressed herein, and governs your access to and use of the Lily Trotters Technology, superseding any prior agreements between you and Lily Trotters relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Lily Trotters pursuant to your enrollment and/or participation in other features of the Lily Trotters Technology.

Arbitration

Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator.  If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Baltimore in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).

General Provisions

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.  You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.

Lily Trotters’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein.  Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement.  Lily Trotters may assign its rights and duties under this Agreement to any party at any time without notice to you.  You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Lily Trotters.  The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

Print this Agreement

For record keeping purposes, Lily Trotters encourages you to print this Agreement and the ancillary documents described herein.

You agree that this Agreement, combined with your act of using the Website and/or the services offered on or through the Website have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds.  You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized.  In addition, you acknowledge that you have had the opportunity to print this Agreement.

 

Last Modified:  January 18, 2016

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